As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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-SENATORS KEARNS-SPADA-PRENTISS-BLESSING- 14
HAGAN-DRAKE-GARDNER-HERINGTON-WACHTMANN-DiDONATO-CUPP-MUMPER- 15
CARNES-ESPY-LATTA-LATELL-HOTTINGER-BRADY-FURNEY-McLIN-MALLORY- 16
WATTS-ARMBRUSTER 17
_________________________________________________________________ 19
A B I L L
To amend sections 2925.02, 2925.03, 2925.11, 21
2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 22
3719.81, 4723.02, 4723.04, 4723.06, 4723.08,
4723.151, 4723.28, 4723.41, 4723.42, 4723.43, 24
4723.431, 4723.44, 4723.47, 4723.48, 4723.52, 25
4723.561, 4723.58, 4723.59, 4729.01, 4729.51, 27
4731.22, and 4731.27; to amend, for the purpose
of adopting a new section number, as indicated in 28
parentheses, section 4723.48 (4723.17); to enact 29
new section 4723.48 and sections 4723.432,
4723.481, 4723.482, 4723.483, 4723.484, 4723.485, 30
4723.49, 4723.491, 4723.492, 4723.50, 4723.562,
and 4723.563; and to repeal sections 4723.51 and 33
5111.74 of the Revised Code and to amend Section 34
3 of Am. Sub. H.B. 478 of the 119th General 36
Assembly, as subsequently amended, to permit
clinical nurse specialists, certified 37
nurse-midwives, and certified nurse practitioners 38
to prescribe drugs and therapeutic devices and to 39
2
accelerate termination of the advanced practice
nurse pilot programs. 40
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 2925.02, 2925.03, 2925.11, 44
2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4723.02, 45
4723.04, 4723.06, 4723.08, 4723.151, 4723.28, 4723.41, 4723.42, 47
4723.43, 4723.431, 4723.44, 4723.47, 4723.48, 4723.52, 4723.561, 49
4723.58, 4723.59, 4729.01, 4729.51, 4731.22, and 4731.27 be 50
amended; section 4723.48 (4723.17) be amended for the purpose of 51
adopting a new section number as indicated in parentheses; and 52
new section 4723.48 and sections 4723.432, 4723.481, 4723.482, 53
4723.483, 4723.484, 4723.485, 4723.49, 4723.491, 4723.492, 54
4723.50, 4723.562, and 4723.563 of the Revised Code be enacted to 56
read as follows:
Sec. 2925.02. (A) No person shall knowingly do any of the 65
following: 66
(1) By force, threat, or deception, administer to another 68
or induce or cause another to use a controlled substance; 69
(2) By any means, administer or furnish to another or 71
induce or cause another to use a controlled substance with 72
purpose to cause serious physical harm to the other person, or 73
with purpose to cause the other person to become drug dependent; 74
(3) By any means, administer or furnish to another or 76
induce or cause another to use a controlled substance, and 77
thereby cause serious physical harm to the other person, or cause 78
the other person to become drug dependent; 79
(4) By any means, do any of the following: 81
(a) Furnish or administer a controlled substance to a 83
juvenile who is at least two years the offender's junior, when 85
the offender knows the age of the juvenile or is reckless in that 86
regard;
(b) Induce or cause a juvenile who is at least two years 88
3
the offender's junior to use a controlled substance, when the 90
offender knows the age of the juvenile or is reckless in that 91
regard;
(c) Induce or cause a juvenile who is at least two years 93
the offender's junior to commit a felony drug abuse offense, when 95
the offender knows the age of the juvenile or is reckless in that 96
regard; 97
(d) Use a juvenile, whether or not the offender knows the 99
age of the juvenile, to perform any surveillance activity that is 100
intended to prevent the detection of the offender or any other 101
person in the commission of a felony drug abuse offense or to 102
prevent the arrest of the offender or any other person for the 103
commission of a felony drug abuse offense. 104
(B) Division (A)(1), (3), or (4) of this section does not 106
apply to manufacturers, wholesalers, licensed health 107
professionals authorized to prescribe drugs, pharmacists, owners 109
of pharmacies, and other persons whose conduct is in accordance 110
with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the 112
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 114
another with drugs. The penalty for the offense shall be 115
determined as follows: 116
(1) Except as otherwise provided in this division, if the 118
drug involved is any compound, mixture, preparation, or substance 120
included in schedule I or II, with the exception of marihuana, 121
corrupting another with drugs is a felony of the second degree, 122
and, subject to division (E) of this section, the court shall 123
impose as a mandatory prison term one of the prison terms 125
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 126
included in schedule I or II, with the exception of marihuana, 127
and if the offense was committed in the vicinity of a school, 128
corrupting another with drugs is a felony of the first degree, 129
and, subject to division (E) of this section, the court shall 130
4
impose as a mandatory prison term one of the prison terms 131
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 133
drug involved is any compound, mixture, preparation, or substance 134
included in schedule III, IV, or V, corrupting another with drugs 135
is a felony of the second degree, and there is a presumption for 136
a prison term for the offense. If the drug involved is any 137
compound, mixture, preparation, or substance included in schedule 138
III, IV, or V and if the offense was committed in the vicinity of 139
a school, corrupting another with drugs is a felony of the second 140
degree, and the court shall impose as a mandatory prison term one 141
of the prison terms prescribed for a felony of the second degree. 142
(3) Except as otherwise provided in this division, if the 144
drug involved is marihuana, corrupting another with drugs is a 146
felony of the fourth degree, and division (C) of section 2929.13 147
of the Revised Code applies in determining whether to impose a 148
prison term on the offender. If the drug involved is marihuana 149
and if the offense was committed in the vicinity of a school, 150
corrupting another with drugs is a felony of the third degree, 151
and division (C) of section 2929.13 of the Revised Code applies 152
in determining whether to impose a prison term on the offender. 153
(D) In addition to any prison term authorized or required 155
by division (C) or (E) of this section and sections 2929.13 and 156
2929.14 of the Revised Code and in addition to any other sanction 157
imposed for the offense under this section or sections 2929.11 to 158
2929.18 of the Revised Code, the court that sentences an offender 160
who is convicted of or pleads guilty to a violation of division 161
(A) of this section or the clerk of that court shall do all of 162
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 165
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 166
section 2929.18 of the Revised Code unless, as specified in that 167
division, the court determines that the offender is indigent. 168
5
(b) Notwithstanding any contrary provision of section 170
3719.21 of the Revised Code, any mandatory fine imposed pursuant 172
to division (D)(1)(a) of this section and any fine imposed for a 173
violation of this section pursuant to division (A) of section 174
2929.18 of the Revised Code shall be paid by the clerk of the 175
court in accordance with and subject to the requirements of, and 176
shall be used as specified in, division (F) of section 2925.03 of 177
the Revised Code.
(c) If a person is charged with any violation of this 179
section that is a felony of the first, second, or third degree, 181
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 182
this section as if it were a fine imposed for a violation of this 184
section.
(2) The court either shall revoke or, if it does not 187
revoke, shall suspend for not less than six months or more than 188
five years, the driver's or commercial driver's license or permit 189
of any person who is convicted of or pleads guilty to a violation 190
of this section that is a felony of the first degree and shall 191
suspend for not less than six months nor more than five years the 192
driver's or commercial driver's license or permit of any person 193
who is convicted of or pleads guilty to any other violation of 194
this section. If an offender's driver's or commercial driver's 195
license or permit is revoked pursuant to this division, the 196
offender, at any time after the expiration of two years from the 197
day on which the offender's sentence was imposed or from the day 198
on which the offender finally was released from a prison term 199
under the sentence, whichever is later, may file a motion with 200
the sentencing court requesting termination of the revocation. 201
Upon the filing of the motion and the court's finding of good 203
cause for the termination, the court may terminate the 204
revocation.
(3) If the offender is a professionally licensed person or 206
a person who has been admitted to the bar by order of the supreme 207
6
court in compliance with its prescribed and published rules, in 208
addition to any other sanction imposed for a violation of this 209
section, the court forthwith shall comply with section 2925.38 of 210
the Revised Code. 211
(E) Notwithstanding the prison term otherwise authorized 213
or required for the offense under division (C) of this section 214
and sections 2929.13 and 2929.14 of the Revised Code, if the 215
violation of division (A) of this section involves the sale, 217
offer to sell, or possession of a schedule I or II controlled 219
substance, with the exception of marihuana, and if the court 221
imposing sentence upon the offender finds that the offender as a 222
result of the violation is a major drug offender and is guilty of 223
a specification of the type described in section 2941.1410 of the 224
Revised Code, the court, in lieu of the prison term that 225
otherwise is authorized or required, shall impose upon the 227
offender the mandatory prison term specified in division 228
(D)(3)(a) of section 2929.14 of the Revised Code and may impose 229
an additional prison term under division (D)(3)(b) of that 230
section.
Sec. 2925.03. (A) No person shall knowingly sell or offer 239
to sell a controlled substance. 240
(B) This section does not apply to any of the following: 242
(1) Manufacturers, licensed health professionals 244
authorized to prescribe drugs, pharmacists, owners of pharmacies, 246
and other persons whose conduct is in accordance with Chapters 247
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 248
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 250
person who is conducting or participating in a research project 251
involving the use of an anabolic steroid if the project has been 252
approved by the United States food and drug administration; 253
(3) Any person who sells, offers for sale, prescribes, 255
dispenses, or administers for livestock or other nonhuman species 256
an anabolic steroid that is expressly intended for administration 257
7
through implants to livestock or other nonhuman species and 258
approved for that purpose under the "Federal Food, Drug, and 259
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 260
and is sold, offered for sale, prescribed, dispensed, or 261
administered for that purpose in accordance with that act. 262
(C) Whoever violates division (A) of this section is 264
guilty of one of the following: 265
(1) If the drug involved in the violation is any compound, 268
mixture, preparation, or substance included in schedule I or 269
schedule II, with the exception of marihuana, cocaine, L.S.D., 270
heroin, and hashish, whoever violates division (A) of this 272
section is guilty of aggravated trafficking in drugs. The 273
penalty for the offense shall be determined as follows: 274
(a) Except as otherwise provided in division (C)(1)(b), 277
(c), (d), (e), or (f) of this section, aggravated trafficking in 278
drugs is a felony of the fourth degree, and division (C) of 280
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 282
(b) Except as otherwise provided in division (C)(1)(c), 285
(d), (e), or (f) of this section, if the offense was committed in 286
the vicinity of a school or in the vicinity of a juvenile, 287
aggravated trafficking in drugs is a felony of the third degree, 288
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 289
(c) Except as otherwise provided in this division, if the 291
amount of the drug involved equals or exceeds the bulk amount but 293
is less than five times the bulk amount, aggravated trafficking 295
in drugs is a felony of the third degree, and the court shall 296
impose as a mandatory prison term one of the prison terms 297
prescribed for a felony of the third degree. If the amount of 298
the drug involved is within that range and if the offense was 299
committed in the vicinity of a school or in the vicinity of a 300
juvenile, aggravated trafficking in drugs is a felony of the 301
second degree, and the court shall impose as a mandatory prison 302
8
term one of the prison terms prescribed for a felony of the 303
second degree.
(d) Except as otherwise provided in this division, if the 305
amount of the drug involved equals or exceeds five times the bulk 307
amount but is less than fifty times the bulk amount, aggravated 309
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 310
terms prescribed for a felony of the second degree. If the 311
amount of the drug involved is within that range and if the 312
offense was committed in the vicinity of a school or in the 313
vicinity of a juvenile, aggravated trafficking in drugs is a 314
felony of the first degree, and the court shall impose as a 315
mandatory prison term one of the prison terms prescribed for a 316
felony of the first degree. 317
(e) If the amount of the drug involved equals or exceeds 319
fifty times the bulk amount but is less than one hundred times 321
the bulk amount and regardless of whether the offense was 322
committed in the vicinity of a school or in the vicinity of a 323
juvenile, aggravated trafficking in drugs is a felony of the 324
first degree, and the court shall impose as a mandatory prison 325
term one of the prison terms prescribed for a felony of the first 326
degree. 327
(f) If the amount of the drug involved equals or exceeds 329
one hundred times the bulk amount and regardless of whether the 330
offense was committed in the vicinity of a school or in the 331
vicinity of a juvenile, aggravated trafficking in drugs is a 332
felony of the first degree, the offender is a major drug 333
offender, and the court shall impose as a mandatory prison term 335
the maximum prison term prescribed for a felony of the first 336
degree and may impose an additional prison term prescribed for a 337
major drug offender under division (D)(3)(b) of section 2929.14 338
of the Revised Code. 339
(2) If the drug involved in the violation is any compound, 342
mixture, preparation, or substance included in schedule III, IV, 343
9
or V, whoever violates division (A) of this section is guilty of 344
trafficking in drugs. The penalty for the offense shall be 345
determined as follows: 346
(a) Except as otherwise provided in division (C)(2)(b), 349
(c), (d), or (e) of this section, trafficking in drugs is a 351
felony of the fifth degree, and division (C) of section 2929.13 352
of the Revised Code applies in determining whether to impose a 353
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 356
(d), or (e) of this section, if the offense was committed in the 357
vicinity of a school or in the vicinity of a juvenile, 358
trafficking in drugs is a felony of the fourth degree, and 359
division (C) of section 2929.13 of the Revised Code applies in 360
determining whether to impose a prison term on the offender. 362
(c) Except as otherwise provided in this division, if the 364
amount of the drug involved equals or exceeds the bulk amount but 366
is less than five times the bulk amount, trafficking in drugs is 368
a felony of the fourth degree, and there is a presumption for a 369
prison term for the offense. If the amount of the drug involved 370
is within that range and if the offense was committed in the 371
vicinity of a school or in the vicinity of a juvenile, 372
trafficking in drugs is a felony of the third degree, and there 373
is a presumption for a prison term for the offense. 374
(d) Except as otherwise provided in this division, if the 376
amount of the drug involved equals or exceeds five times the bulk 378
amount but is less than fifty times the bulk amount, trafficking 380
in drugs is a felony of the third degree, and there is a 381
presumption for a prison term for the offense. If the amount of 382
the drug involved is within that range and if the offense was 383
committed in the vicinity of a school or in the vicinity of a 384
juvenile, trafficking in drugs is a felony of the second degree, 385
and there is a presumption for a prison term for the offense. 386
(e) Except as otherwise provided in this division, if the 388
amount of the drug involved equals or exceeds fifty times the 390
10
bulk amount, trafficking in drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one 392
of the prison terms prescribed for a felony of the second degree. 393
If the amount of the drug involved equals or exceeds fifty times 394
the bulk amount and if the offense was committed in the vicinity 396
of a school or in the vicinity of a juvenile, trafficking in 397
drugs is a felony of the first degree, and the court shall impose 398
as a mandatory prison term one of the prison terms prescribed for 399
a felony of the first degree. 400
(3) If the drug involved in the violation is marihuana or 402
a compound, mixture, preparation, or substance containing 403
marihuana other than hashish, whoever violates division (A) of 405
this section is guilty of trafficking in marihuana. The penalty 406
for the offense shall be determined as follows: 407
(a) Except as otherwise provided in division (C)(3)(b), 410
(c), (d), (e), (f), or (g) of this section, trafficking in 411
marihuana is a felony of the fifth degree, and division (C) of 414
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 415
(b) Except as otherwise provided in division (C)(3)(c), 418
(d), (e), (f), or (g) of this section, if the offense was 420
committed in the vicinity of a school or in the vicinity of a 421
juvenile, trafficking in marihuana is a felony of the fourth 422
degree, and division (C) of section 2929.13 of the Revised Code 423
applies in determining whether to impose a prison term on the 424
offender.
(c) Except as otherwise provided in this division, if the 426
amount of the drug involved equals or exceeds two hundred grams 428
but is less than one thousand grams, trafficking in marihuana is 430
a felony of the fourth degree, and division (C) of section 431
2929.13 of the Revised Code applies in determining whether to 433
impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in 434
the vicinity of a school or in the vicinity of a juvenile, 435
11
trafficking in marihuana is a felony of the third degree, and 436
division (C) of section 2929.13 of the Revised Code applies in 437
determining whether to impose a prison term on the offender. 439
(d) Except as otherwise provided in this division, if the 441
amount of the drug involved equals or exceeds one thousand grams 443
but is less than five thousand grams, trafficking in marihuana is 445
a felony of the third degree, and division (C) of section 2929.13 446
of the Revised Code applies in determining whether to impose a 448
prison term on the offender. If the amount of the drug involved 449
is within that range and if the offense was committed in the 450
vicinity of a school or in the vicinity of a juvenile, 451
trafficking in marihuana is a felony of the second degree, and 452
there is a presumption that a prison term shall be imposed for 453
the offense.
(e) Except as otherwise provided in this division, if the 455
amount of the drug involved equals or exceeds five thousand grams 457
but is less than twenty thousand grams, trafficking in marihuana 459
is a felony of the third degree, and there is a presumption that 460
a prison term shall be imposed for the offense. If the amount of 461
the drug involved is within that range and if the offense was 462
committed in the vicinity of a school or in the vicinity of a 463
juvenile, trafficking in marihuana is a felony of the second 464
degree, and there is a presumption that a prison term shall be 465
imposed for the offense. 466
(f) Except as otherwise provided in this division, if the 468
amount of the drug involved equals or exceeds twenty thousand 470
grams, trafficking in marihuana is a felony of the second degree, 471
and the court shall impose as a mandatory prison term the maximum 472
prison term prescribed for a felony of the second degree. If the 473
amount of the drug involved equals or exceeds twenty thousand 474
grams and if the offense was committed in the vicinity of a 476
school or in the vicinity of a juvenile, trafficking in marihuana 477
is a felony of the first degree, and the court shall impose as a 478
mandatory prison term the maximum prison term prescribed for a 479
12
felony of the first degree. 480
(g) Except as otherwise provided in this division, if the 483
offense involves a gift of twenty grams or less of marihuana, 484
trafficking in marihuana is a minor misdemeanor upon a first 485
offense and a misdemeanor of the third degree upon a subsequent 486
offense. If the offense involves a gift of twenty grams or less 487
of marihuana and if the offense was committed in the vicinity of 488
a school or in the vicinity of a juvenile, trafficking in 489
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 491
compound, mixture, preparation, or substance containing cocaine, 492
whoever violates division (A) of this section is guilty of 494
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 495
(a) Except as otherwise provided in division (C)(4)(b), 498
(c), (d), (e), (f), or (g) of this section, trafficking in 499
cocaine is a felony of the fifth degree, and division (C) of 501
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 503
(b) Except as otherwise provided in division (C)(4)(c), 506
(d), (e), (f), or (g) of this section, if the offense was 507
committed in the vicinity of a school or in the vicinity of a 509
juvenile, trafficking in cocaine is a felony of the fourth 510
degree, and division (C) of section 2929.13 of the Revised Code 511
applies in determining whether to impose a prison term on the 513
offender.
(c) Except as otherwise provided in this division, if the 515
amount of the drug involved equals or exceeds five grams but is 516
less than ten grams of cocaine that is not crack cocaine or 519
equals or exceeds one gram but is less than five grams of crack 521
cocaine, trafficking in cocaine is a felony of the fourth degree, 522
and there is a presumption for a prison term for the offense. If 523
the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or in 525
13
the vicinity of a juvenile, trafficking in cocaine is a felony of 526
the third degree, and there is a presumption for a prison term
for the offense. 527
(d) Except as otherwise provided in this division, if the 529
amount of the drug involved equals or exceeds ten grams but is 530
less than one hundred grams of cocaine that is not crack cocaine 532
or equals or exceeds five grams but is less than ten grams of 533
crack cocaine, trafficking in cocaine is a felony of the third 536
degree, and the court shall impose as a mandatory prison term one 537
of the prison terms prescribed for a felony of the third degree. 538
If the amount of the drug involved is within one of those ranges
and if the offense was committed in the vicinity of a school or 540
in the vicinity of a juvenile, trafficking in cocaine is a felony 543
of the second degree, and the court shall impose as a mandatory 544
prison term one of the prison terms prescribed for a felony of 545
the second degree. 546
(e) Except as otherwise provided in this division, if the 548
amount of the drug involved equals or exceeds one hundred grams 549
but is less than five hundred grams of cocaine that is not crack 551
cocaine or equals or exceeds ten grams but is less than 553
twenty-five grams of crack cocaine, trafficking in cocaine is a 555
felony of the second degree, and the court shall impose as a 556
mandatory prison term one of the prison terms prescribed for a 557
felony of the second degree. If the amount of the drug involved 558
is within one of those ranges and if the offense was committed in 560
the vicinity of a school or in the vicinity of a juvenile, 561
trafficking in cocaine is a felony of the first degree, and the 564
court shall impose as a mandatory prison term one of the prison 565
terms prescribed for a felony of the first degree. 566
(f) If the amount of the drug involved equals or exceeds 568
five hundred grams but is less than one thousand grams of cocaine 571
that is not crack cocaine or equals or exceeds twenty-five grams 572
but is less than one hundred grams of crack cocaine and 573
regardless of whether the offense was committed in the vicinity 575
14
of a school or in the vicinity of a juvenile, trafficking in 577
cocaine is a felony of the first degree, and the court shall 578
impose as a mandatory prison term one of the prison terms 579
prescribed for a felony of the first degree. 580
(g) If the amount of the drug involved equals or exceeds 582
one thousand grams of cocaine that is not crack cocaine or equals 584
or exceeds one hundred grams of crack cocaine and regardless of 586
whether the offense was committed in the vicinity of a school or 587
in the vicinity of a juvenile, trafficking in cocaine is a felony 588
of the first degree, the offender is a major drug offender, and 590
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may 591
impose an additional mandatory prison term prescribed for a major 592
drug offender under division (D)(3)(b) of section 2929.14 of the 594
Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 597
compound, mixture, preparation, or substance containing L.S.D., 598
whoever violates division (A) of this section is guilty of 599
trafficking in L.S.D. The penalty for the offense shall be 601
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 604
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 606
is a felony of the fifth degree, and division (C) of section 607
2929.13 of the Revised Code applies in determining whether to 609
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 612
(d), (e), (f), or (g) of this section, if the offense was 613
committed in the vicinity of a school or in the vicinity of a 614
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 616
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 617
(c) Except as otherwise provided in this division, if the 619
amount of the drug involved equals or exceeds ten unit doses but 621
is less than fifty unit doses of L.S.D. in a solid form or equals 622
15
or exceeds one gram but is less than five grams of L.S.D. in a 623
liquid concentrate, liquid extract, or liquid distillate form, 625
trafficking in L.S.D. is a felony of the fourth degree, and there 628
is a presumption for a prison term for the offense. If the 629
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 630
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 632
third degree, and there is a presumption for a prison term for 633
the offense.
(d) Except as otherwise provided in this division, if the 635
amount of the drug involved equals or exceeds fifty unit doses 637
but is less than two hundred fifty unit doses of L.S.D. in a 639
solid form or equals or exceeds five grams but is less than 640
twenty-five grams of L.S.D. in a liquid concentrate, liquid 642
extract, or liquid distillate form, trafficking in L.S.D. is a 645
felony of the third degree, and the court shall impose as a 646
mandatory prison term one of the prison terms prescribed for a 647
felony of the third degree. If the amount of the drug involved 648
is within that range and if the offense was committed in the 649
vicinity of a school or in the vicinity of a juvenile, 650
trafficking in L.S.D. is a felony of the second degree, and the 652
court shall impose as a mandatory prison term one of the prison 653
terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the 655
amount of the drug involved equals or exceeds two hundred fifty 657
unit doses but is less than one thousand unit doses of L.S.D. in 660
a solid form or equals or exceeds twenty-five grams but is less 662
than one hundred grams of L.S.D. in a liquid concentrate, liquid 664
extract, or liquid distillate form, trafficking in L.S.D. is a 666
felony of the second degree, and the court shall impose as a 667
mandatory prison term one of the prison terms prescribed for a 668
felony of the second degree. If the amount of the drug involved 669
is within that range and if the offense was committed in the 670
vicinity of a school or in the vicinity of a juvenile, 671
16
trafficking in L.S.D. is a felony of the first degree, and the 673
court shall impose as a mandatory prison term one of the prison 674
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds 676
one thousand unit doses but is less than five thousand unit doses 679
of L.S.D. in a solid form or equals or exceeds one hundred grams 681
but is less than five hundred grams of L.S.D. in a liquid 683
concentrate, liquid extract, or liquid distillate form and 685
regardless of whether the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in 686
L.S.D. is a felony of the first degree, and the court shall 688
impose as a mandatory prison term one of the prison terms 689
prescribed for a felony of the first degree. 690
(g) If the amount of the drug involved equals or exceeds 692
five thousand unit doses of L.S.D. in a solid form or equals or 694
exceeds five hundred grams of L.S.D. in a liquid concentrate, 696
liquid extract, or liquid distillate form and regardless of 699
whether the offense was committed in the vicinity of a school or 700
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 703
of the first degree, the offender is a major drug offender, and 704
the court shall impose as a mandatory prison term the maximum 705
prison term prescribed for a felony of the first degree and may 706
impose an additional mandatory prison term prescribed for a major 707
drug offender under division (D)(3)(b) of section 2929.14 of the 709
Revised Code.
(6) If the drug involved in the violation is heroin or a 711
compound, mixture, preparation, or substance containing heroin, 712
whoever violates division (A) of this section is guilty of 714
trafficking in heroin. The penalty for the offense shall be
determined as follows: 715
(a) Except as otherwise provided in division (C)(6)(b), 718
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 720
is a felony of the fifth degree, and division (C) of section 721
2929.13 of the Revised Code applies in determining whether to
17
impose a prison term on the offender. 723
(b) Except as otherwise provided in division (C)(6)(c), 726
(d), (e), (f), or (g) of this section, if the offense was 727
committed in the vicinity of a school or in the vicinity of a 730
juvenile, trafficking in heroin is a felony of the fourth degree, 731
and division (C) of section 2929.13 of the Revised Code applies 733
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 735
amount of the drug involved equals or exceeds ten unit doses but 736
is less than fifty unit doses or equals or exceeds one gram but 738
is less than five grams, trafficking in heroin is a felony of the 740
fourth degree, and there is a presumption for a prison term for 741
the offense. If the amount of the drug involved is within that 742
range and if the offense was committed in the vicinity of a 743
school or in the vicinity of a juvenile, trafficking in heroin is 744
a felony of the third degree, and there is a presumption for a 745
prison term for the offense. 746
(d) Except as otherwise provided in this division, if the 748
amount of the drug involved equals or exceeds fifty unit doses 749
but is less than one hundred unit doses or equals or exceeds five 750
grams but is less than ten grams, trafficking in heroin is a 752
felony of the third degree, and there is a presumption for a 754
prison term for the offense. If the amount of the drug involved 755
is within that range and if the offense was committed in the 756
vicinity of a school or in the vicinity of a juvenile, 757
trafficking in heroin is a felony of the second degree, and there 758
is a presumption for a prison term for the offense. 759
(e) Except as otherwise provided in this division, if the 761
amount of the drug involved equals or exceeds one hundred unit 762
doses but is less than five hundred unit doses or equals or 763
exceeds ten grams but is less than fifty grams, trafficking in 765
heroin is a felony of the second degree, and the court shall 767
impose as a mandatory prison term one of the prison terms 768
prescribed for a felony of the second degree. If the amount of 769
18
the drug involved is within that range and if the offense was 770
committed in the vicinity of a school or in the vicinity of a 771
juvenile, trafficking in heroin is a felony of the first degree, 772
and the court shall impose as a mandatory prison term one of the 773
prison terms prescribed for a felony of the first degree. 774
(f) If the amount of the drug involved equals or exceeds 776
five hundred unit doses but is less than two thousand five 777
hundred unit doses or equals or exceeds fifty grams but is less 779
than two hundred fifty grams and regardless of whether the 781
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the 783
first degree, and the court shall impose as a mandatory prison 784
term one of the prison terms prescribed for a felony of the first 785
degree.
(g) If the amount of the drug involved equals or exceeds 787
two thousand five hundred unit doses or equals or exceeds two 789
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a 790
juvenile, trafficking in heroin is a felony of the first degree, 792
the offender is a major drug offender, and the court shall impose 793
as a mandatory prison term the maximum prison term prescribed for 794
a felony of the first degree and may impose an additional 795
mandatory prison term prescribed for a major drug offender under 796
division (D)(3)(b) of section 2929.14 of the Revised Code. 798
(7) If the drug involved in the violation is hashish or a 800
compound, mixture, preparation, or substance containing hashish, 801
whoever violates division (A) of this section is guilty of 803
trafficking in hashish. The penalty for the offense shall be
determined as follows: 804
(a) Except as otherwise provided in division (C)(7)(b), 807
(c), (d), (e), or (f) of this section, trafficking in hashish is 809
a felony of the fifth degree, and division (C) of section 2929.13 810
of the Revised Code applies in determining whether to impose a 812
prison term on the offender.
19
(b) Except as otherwise provided in division (C)(7)(c), 815
(d), (e), or (f) of this section, if the offense was committed in 816
the vicinity of a school or in the vicinity of a juvenile, 818
trafficking in hashish is a felony of the fourth degree, and 819
division (C) of section 2929.13 of the Revised Code applies in 820
determining whether to impose a prison term on the offender. 821
(c) Except as otherwise provided in this division, if the 823
amount of the drug involved equals or exceeds ten grams but is 824
less than fifty grams of hashish in a solid form or equals or 826
exceeds two grams but is less than ten grams of hashish in a 828
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth degree, and 830
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 831
the amount of the drug involved is within that range and if the 833
offense was committed in the vicinity of a school or in the 834
vicinity of a juvenile, trafficking in hashish is a felony of the 835
third degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on 837
the offender.
(d) Except as otherwise provided in this division, if the 839
amount of the drug involved equals or exceeds fifty grams but is 840
less than two hundred fifty grams of hashish in a solid form or 842
equals or exceeds ten grams but is less than fifty grams of 844
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a felony of the third 847
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the 849
offender. If the amount of the drug involved is within that 850
range and if the offense was committed in the vicinity of a 851
school or in the vicinity of a juvenile, trafficking in hashish 852
is a felony of the second degree, and there is a presumption that 854
a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 856
20
amount of the drug involved equals or exceeds two hundred fifty 857
grams but is less than one thousand grams of hashish in a solid 859
form or equals or exceeds fifty grams but is less than two 860
hundred grams of hashish in a liquid concentrate, liquid extract, 861
or liquid distillate form, trafficking in hashish is a felony of 863
the third degree, and there is a presumption that a prison term 864
shall be imposed for the offense. If the amount of the drug 865
involved is within that range and if the offense was committed in 866
the vicinity of a school or in the vicinity of a juvenile, 867
trafficking in hashish is a felony of the second degree, and 868
there is a presumption that a prison term shall be imposed for 869
the offense.
(f) Except as otherwise provided in this division, if the 871
amount of the drug involved equals or exceeds one thousand grams 873
of hashish in a solid form or equals or exceeds two hundred grams 874
of hashish in a liquid concentrate, liquid extract, or liquid 875
distillate form, trafficking in hashish is a felony of the second 877
degree, and the court shall impose as a mandatory prison term the 878
maximum prison term prescribed for a felony of the second degree. 879
If the amount of the drug involved is within that range and if 882
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 884
first degree, and the court shall impose as a mandatory prison 885
term the maximum prison term prescribed for a felony of the first 886
degree.
(D) In addition to any prison term authorized or required 889
by division (C) of this section and sections 2929.13 and 2929.14 890
of the Revised Code, and in addition to any other sanction 891
imposed for the offense under this section or sections 2929.11 to 892
2929.18 of the Revised Code, the court that sentences an offender 893
who is convicted of or pleads guilty to a violation of division 894
(A) of this section shall do all of the following that are 896
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 899
21
felony of the first, second, or third degree, the court shall 900
impose upon the offender the mandatory fine specified for the 901
offense under division (B)(1) of section 2929.18 of the Revised 902
Code unless, as specified in that division, the court determines 903
that the offender is indigent. Except as otherwise provided in 904
division (H)(1) of this section, a mandatory fine or any other 905
fine imposed for a violation of this section is subject to 906
division (F) of this section. If a person is charged with a 907
violation of this section that is a felony of the first, second, 908
or third degree, posts bail, and forfeits the bail, the clerk of 909
the court shall pay the forfeited bail pursuant to divisions 911
(D)(1) and (F) of this section, as if the forfeited bail was a 912
fine imposed for a violation of this section. If any amount of 913
the forfeited bail remains after that payment and if a fine is 914
imposed under division (H)(1) of this section, the clerk of the 915
court shall pay the remaining amount of the forfeited bail 916
pursuant to divisions (H)(2) and (3) of this section, as if that 917
remaining amount was a fine imposed under division (H)(1) of this
section. 918
(2) The court shall revoke or suspend the driver's or 920
commercial driver's license or permit of the offender in 921
accordance with division (G) of this section. 922
(3) If the offender is a professionally licensed person or 925
a person who has been admitted to the bar by order of the supreme 926
court in compliance with its prescribed and published rules, the 927
court forthwith shall comply with section 2925.38 of the Revised 928
Code.
(E) When a person is charged with the sale of or offer to 931
sell a bulk amount or a multiple of a bulk amount of a controlled 932
substance, the jury, or the court trying the accused, shall 934
determine the amount of the controlled substance involved at the 935
time of the offense and, if a guilty verdict is returned, shall 936
return the findings as part of the verdict. In any such case, it 937
is unnecessary to find and return the exact amount of the 938
22
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 939
controlled substance involved is the requisite amount, or that 941
the amount of the controlled substance involved is less than the 942
requisite amount. 943
(F)(1) Notwithstanding any contrary provision of section 945
3719.21 of the Revised Code and except as provided in division 946
(H) of this section, the clerk of the court shall pay any 947
mandatory fine imposed pursuant to division (D)(1) of this 948
section and any fine other than a mandatory fine that is imposed 949
for a violation of this section pursuant to division (A) or 950
(B)(5) of section 2929.18 of the Revised Code to the county, 952
township, municipal corporation, park district, as created 953
pursuant to section 511.18 or 1545.04 of the Revised Code, or 954
state law enforcement agencies in this state that primarily were 955
responsible for or involved in making the arrest of, and in 956
prosecuting, the offender. However, the clerk shall not pay a 957
mandatory fine so imposed to a law enforcement agency unless the 958
agency has adopted a written internal control policy under 959
division (F)(2) of this section that addresses the use of the 961
fine moneys that it receives. Each agency shall use the 963
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 965
written internal control policy adopted by the recipient agency 966
under division (F)(2) of this section. 967
(2)(a) Prior to receiving any fine moneys under division 969
(F)(1) of this section or division (B)(5) of section 2925.42 of 970
the Revised Code, a law enforcement agency shall adopt a written 971
internal control policy that addresses the agency's use and 972
disposition of all fine moneys so received and that provides for 973
the keeping of detailed financial records of the receipts of 974
those fine moneys, the general types of expenditures made out of 975
those fine moneys, and the specific amount of each general type 976
of expenditure. The policy shall not provide for or permit the 977
23
identification of any specific expenditure that is made in an 978
ongoing investigation. All financial records of the receipts of 979
those fine moneys, the general types of expenditures made out of 980
those fine moneys, and the specific amount of each general type 981
of expenditure by an agency are public records open for 982
inspection under section 149.43 of the Revised Code. 983
Additionally, a written internal control policy adopted under 984
this division is such a public record, and the agency that 985
adopted it shall comply with it. 986
(b) Each law enforcement agency that receives in any 988
calendar year any fine moneys under division (F)(1) of this 989
section or division (B)(5) of section 2925.42 of the Revised Code 990
shall prepare a report covering the calendar year that cumulates 991
all of the information contained in all of the public financial 992
records kept by the agency pursuant to division (F)(2)(a) of this 993
section for that calendar year, and shall send a copy of the 994
cumulative report, no later than the first day of March in the 995
calendar year following the calendar year covered by the report, 996
to the attorney general. Each report received by the attorney 997
general is a public record open for inspection under section 998
149.43 of the Revised Code. Not later than the fifteenth day of 1,000
April in the calendar year in which the reports are received, the 1,001
attorney general shall send to the president of the senate and 1,003
the speaker of the house of representatives a written 1,004
notification that does all of the following:
(i) Indicates that the attorney general has received from 1,006
law enforcement agencies reports of the type described in this 1,007
division that cover the previous calendar year and indicates that 1,010
the reports were received under this division; 1,011
(ii) Indicates that the reports are open for inspection 1,014
under section 149.43 of the Revised Code; 1,015
(iii) Indicates that the attorney general will provide a 1,018
copy of any or all of the reports to the president of the senate 1,019
or the speaker of the house of representatives upon request. 1,020
24
(3) As used in division (F) of this section: 1,023
(a) "Law enforcement agencies" includes, but is not 1,025
limited to, the state board of pharmacy and the office of a 1,026
prosecutor. 1,027
(b) "Prosecutor" has the same meaning as in section 1,029
2935.01 of the Revised Code. 1,030
(G) When required under division (D)(2) of this section, 1,034
the court either shall revoke or, if it does not revoke, shall 1,035
suspend for not less than six months or more than five years, the 1,036
driver's or commercial driver's license or permit of any person 1,038
who is convicted of or pleads guilty to a violation of this 1,040
section that is a felony of the first degree and shall suspend 1,041
for not less than six months or more than five years the driver's 1,043
or commercial driver's license or permit of any person who is 1,045
convicted of or pleads guilty to any other violation of this 1,046
section. If an offender's driver's or commercial driver's 1,047
license or permit is revoked pursuant to this division, the 1,049
offender, at any time after the expiration of two years from the 1,050
day on which the offender's sentence was imposed or from the day 1,051
on which the offender finally was released from a prison term 1,054
under the sentence, whichever is later, may file a motion with 1,055
the sentencing court requesting termination of the revocation; 1,056
upon the filing of such a motion and the court's finding of good 1,057
cause for the termination, the court may terminate the 1,058
revocation.
(H)(1) In addition to any prison term authorized or 1,061
required by division (C) of this section and sections 2929.13 and 1,062
2929.14 of the Revised Code, in addition to any other penalty or 1,064
sanction imposed for the offense under this section or sections 1,065
2929.11 to 2929.18 of the Revised Code, and in addition to the 1,066
forfeiture of property in connection with the offense as 1,067
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,069
the court that sentences an offender who is convicted of or 1,070
pleads guilty to a violation of division (A) of this section may 1,071
25
impose upon the offender an additional fine specified for the 1,072
offense in division (B)(4) of section 2929.18 of the Revised 1,074
Code. A fine imposed under division (H)(1) of this section is 1,076
not subject to division (F) of this section and shall be used 1,077
solely for the support of one or more eligible alcohol and drug 1,078
addiction programs in accordance with divisions (H)(2) and (3) of 1,079
this section.
(2) The court that imposes a fine under division (H)(1) of 1,082
this section shall specify in the judgment that imposes the fine 1,083
one or more eligible alcohol and drug addiction programs for the 1,084
support of which the fine money is to be used. No alcohol and 1,085
drug addiction program shall receive or use money paid or 1,086
collected in satisfaction of a fine imposed under division (H)(1) 1,088
of this section unless the program is specified in the judgment 1,089
that imposes the fine. No alcohol and drug addiction program 1,090
shall be specified in the judgment unless the program is an 1,091
eligible alcohol and drug addiction program and, except as 1,092
otherwise provided in division (H)(2) of this section, unless the 1,094
program is located in the county in which the court that imposes 1,095
the fine is located or in a county that is immediately contiguous 1,096
to the county in which that court is located. If no eligible 1,097
alcohol and drug addiction program is located in any of those 1,098
counties, the judgment may specify an eligible alcohol and drug 1,099
addiction program that is located anywhere within this state. 1,100
(3) Notwithstanding any contrary provision of section 1,102
3719.21 of the Revised Code, the clerk of the court shall pay any 1,104
fine imposed under division (H)(1) of this section to the 1,105
eligible alcohol and drug addiction program specified pursuant to 1,106
division (H)(2) of this section in the judgment. The eligible 1,107
alcohol and drug addiction program that receives the fine moneys 1,108
shall use the moneys only for the alcohol and drug addiction 1,109
services identified in the application for certification under 1,110
section 3793.06 of the Revised Code or in the application for a 1,111
license under section 3793.11 of the Revised Code filed with the 1,113
26
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 1,114
(4) Each alcohol and drug addiction program that receives 1,116
in a calendar year any fine moneys under division (H)(3) of this 1,118
section shall file an annual report covering that calendar year 1,119
with the court of common pleas and the board of county 1,120
commissioners of the county in which the program is located, with 1,121
the court of common pleas and the board of county commissioners 1,122
of each county from which the program received the moneys if that 1,123
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,124
addiction program shall file the report no later than the first 1,125
day of March in the calendar year following the calendar year in 1,127
which the program received the fine moneys. The report shall 1,128
include statistics on the number of persons served by the alcohol 1,129
and drug addiction program, identify the types of alcohol and 1,130
drug addiction services provided to those persons, and include a 1,131
specific accounting of the purposes for which the fine moneys 1,132
received were used. No information contained in the report shall 1,133
identify, or enable a person to determine the identity of, any 1,134
person served by the alcohol and drug addiction program. Each 1,135
report received by a court of common pleas, a board of county 1,136
commissioners, or the attorney general is a public record open 1,137
for inspection under section 149.43 of the Revised Code. 1,138
(5) As used in divisions (H)(1) to (5) of this section: 1,140
(a) "Alcohol and drug addiction program" and "alcohol and 1,143
drug addiction services" have the same meanings as in section 1,144
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 1,147
alcohol and drug addiction program that is certified under 1,148
section 3793.06 of the Revised Code or licensed under section 1,149
3793.11 of the Revised Code by the department of alcohol and drug 1,151
addiction services.
Sec. 2925.11. (A) No person shall knowingly obtain, 1,160
27
possess, or use a controlled substance. 1,161
(B) This section does not apply to any of the following: 1,163
(1) Manufacturers, licensed health professionals 1,165
authorized to prescribe drugs, pharmacists, owners of pharmacies, 1,167
and other persons whose conduct was in accordance with Chapters 1,168
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 1,169
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 1,171
person who is conducting or participating in a research project 1,172
involving the use of an anabolic steroid if the project has been 1,173
approved by the United States food and drug administration; 1,174
(3) Any person who sells, offers for sale, prescribes, 1,176
dispenses, or administers for livestock or other nonhuman species 1,177
an anabolic steroid that is expressly intended for administration 1,178
through implants to livestock or other nonhuman species and 1,179
approved for that purpose under the "Federal Food, Drug, and 1,180
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,181
and is sold, offered for sale, prescribed, dispensed, or 1,182
administered for that purpose in accordance with that act; 1,183
(4) Any person who obtained the controlled substance 1,185
pursuant to a prescription issued by a licensed health 1,186
professional authorized to prescribe drugs. 1,187
(C) Whoever violates division (A) of this section is 1,189
guilty of one of the following: 1,190
(1) If the drug involved in the violation is a compound, 1,192
mixture, preparation, or substance included in schedule I or II, 1,193
with the exception of marihuana, cocaine, L.S.D., heroin, and 1,196
hashish, whoever violates division (A) of this section is guilty 1,197
of aggravated possession of drugs. The penalty for the offense 1,198
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 1,201
(c), (d), or (e) of this section, aggravated possession of drugs 1,202
is a felony of the fifth degree, and division (B) of section 1,203
2929.13 of the Revised Code applies in determining whether to 1,204
28
impose a prison term on the offender.
(b) If the amount of the drug involved equals or exceeds 1,206
the bulk amount but is less than five times the bulk amount, 1,208
aggravated possession of drugs is a felony of the third degree, 1,209
and there is a presumption for a prison term for the offense. 1,210
(c) If the amount of the drug involved equals or exceeds 1,212
five times the bulk amount but is less than fifty times the bulk 1,215
amount, aggravated possession of drugs is a felony of the second 1,216
degree, and the court shall impose as a mandatory prison term one 1,217
of the prison terms prescribed for a felony of the second degree. 1,218
(d) If the amount of the drug involved equals or exceeds 1,220
fifty times the bulk amount but is less than one hundred times 1,222
the bulk amount, aggravated possession of drugs is a felony of 1,224
the first degree, and the court shall impose as a mandatory 1,225
prison term one of the prison terms prescribed for a felony of
the first degree. 1,226
(e) If the amount of the drug involved equals or exceeds 1,228
one hundred times the bulk amount, aggravated possession of drugs 1,230
is a felony of the first degree, the offender is a major drug 1,231
offender, and the court shall impose as a mandatory prison term 1,232
the maximum prison term prescribed for a felony of the first 1,233
degree and may impose an additional mandatory prison term 1,234
prescribed for a major drug offender under division (D)(3)(b) of 1,235
section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound, 1,237
mixture, preparation, or substance included in schedule III, IV, 1,239
or V, whoever violates division (A) of this section is guilty of 1,241
possession of drugs. The penalty for the offense shall be 1,242
determined as follows: 1,243
(a) Except as otherwise provided in division (C)(2)(b), 1,246
(c), or (d) of this section, possession of drugs is a misdemeanor 1,247
of the third degree or, if the offender previously has been 1,248
convicted of a drug abuse offense, a misdemeanor of the second 1,249
degree. If the drug involved in the violation is an anabolic 1,250
29
steroid included in schedule III and if the offense is a 1,251
misdemeanor of the third degree under this division, in lieu of 1,252
sentencing the offender to a term of imprisonment in a detention 1,253
facility, the court may place the offender on conditional 1,254
probation pursuant to division (F) of section 2951.02 of the 1,256
Revised Code. 1,257
(b) If the amount of the drug involved equals or exceeds 1,259
the bulk amount but is less than five times the bulk amount, 1,261
possession of drugs is a felony of the fourth degree, and 1,262
division (C) of section 2929.13 of the Revised Code applies in 1,263
determining whether to impose a prison term on the offender. 1,264
(c) If the amount of the drug involved equals or exceeds 1,266
five times the bulk amount but is less than fifty times the bulk 1,269
amount, possession of drugs is a felony of the third degree, and 1,270
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds 1,272
fifty times the bulk amount, possession of drugs is a felony of 1,273
the second degree, and the court shall impose upon the offender 1,274
as a mandatory prison term one of the prison terms prescribed for 1,275
a felony of the second degree. 1,276
(3) If the drug involved in the violation is marihuana or 1,278
a compound, mixture, preparation, or substance containing 1,279
marihuana other than hashish, whoever violates division (A) of 1,281
this section is guilty of possession of marihuana. The penalty 1,282
for the offense shall be determined as follows: 1,283
(a) Except as otherwise provided in division (C)(3)(b), 1,286
(c), (d), (e), or (f) of this section, possession of marihuana is 1,287
a minor misdemeanor. 1,288
(b) If the amount of the drug involved equals or exceeds 1,291
one hundred grams but is less than two hundred grams, possession 1,293
of marihuana is a misdemeanor of the fourth degree. 1,294
(c) If the amount of the drug involved equals or exceeds 1,296
two hundred grams but is less than one thousand grams, possession 1,299
of marihuana is a felony of the fifth degree, and division (B) of 1,300
30
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,302
(d) If the amount of the drug involved equals or exceeds 1,304
one thousand grams but is less than five thousand grams, 1,306
possession of marihuana is a felony of the third degree, and 1,307
division (C) of section 2929.13 of the Revised Code applies in 1,308
determining whether to impose a prison term on the offender. 1,309
(e) If the amount of the drug involved equals or exceeds 1,311
five thousand grams but is less than twenty thousand grams, 1,313
possession of marihuana is a felony of the third degree, and 1,314
there is a presumption that a prison term shall be imposed for 1,315
the offense. 1,316
(f) If the amount of the drug involved equals or exceeds 1,318
twenty thousand grams, possession of marihuana is a felony of the 1,319
second degree, and the court shall impose as a mandatory prison 1,320
term the maximum prison term prescribed for a felony of the 1,321
second degree. 1,322
(4) If the drug involved in the violation is cocaine or a 1,325
compound, mixture, preparation, or substance containing cocaine, 1,326
whoever violates division (A) of this section is guilty of 1,327
possession of cocaine. The penalty for the offense shall be 1,328
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 1,331
(c), (d), (e), or (f) of this section, possession of cocaine is a 1,332
felony of the fifth degree, and division (B) of section 2929.13 1,333
of the Revised Code applies in determining whether to impose a 1,334
prison term on the offender.
(b) If the amount of the drug involved equals or exceeds 1,336
five grams but is less than twenty-five grams of cocaine that is 1,338
not crack cocaine or equals or exceeds one gram but is less than 1,339
five grams of crack cocaine, possession of cocaine is a felony of 1,341
the fourth degree, and there is a presumption for a prison term 1,342
for the offense.
(c) If the amount of the drug involved equals or exceeds 1,344
31
twenty-five grams but is less than one hundred grams of cocaine 1,347
that is not crack cocaine or equals or exceeds five grams but is 1,348
less than ten grams of crack cocaine, possession of cocaine is a 1,350
felony of the third degree, and the court shall impose as a 1,351
mandatory prison term one of the prison terms prescribed for a 1,352
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds 1,354
one hundred grams but is less than five hundred grams of cocaine 1,357
that is not crack cocaine or equals or exceeds ten grams but is 1,358
less than twenty-five grams of crack cocaine, possession of 1,360
cocaine is a felony of the second degree, and the court shall 1,362
impose as a mandatory prison term one of the prison terms 1,363
prescribed for a felony of the second degree.
(e) If the amount of the drug involved equals or exceeds 1,365
five hundred grams but is less than one thousand grams of cocaine 1,368
that is not crack cocaine or equals or exceeds twenty-five grams 1,369
but is less than one hundred grams of crack cocaine, possession 1,371
of cocaine is a felony of the first degree, and the court shall 1,373
impose as a mandatory prison term one of the prison terms 1,374
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds 1,376
one thousand grams of cocaine that is not crack cocaine or equals 1,378
or exceeds one hundred grams of crack cocaine, possession of 1,379
cocaine is a felony of the first degree, the offender is a major 1,380
drug offender, and the court shall impose as a mandatory prison 1,381
term the maximum prison term prescribed for a felony of the first 1,382
degree and may impose an additional mandatory prison term 1,383
prescribed for a major drug offender under division (D)(3)(b) of 1,385
section 2929.14 of the Revised Code. 1,386
(5) If the drug involved in the violation is L.S.D., 1,389
whoever violates division (A) of this section is guilty of 1,390
possession of L.S.D. The penalty for the offense shall be 1,392
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,395
32
(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 1,396
of the Revised Code applies in determining whether to impose a 1,397
prison term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten 1,399
unit doses but is less than fifty unit doses of L.S.D. in a solid 1,401
form or equals or exceeds one gram but is less than five grams of 1,402
L.S.D. in a liquid concentrate, liquid extract, or liquid 1,403
distillate form, possession of L.S.D. is a felony of the fourth 1,405
degree, and division (C) of section 2929.13 of the Revised Code 1,406
applies in determining whether to impose a prison term on the 1,407
offender.
(c) If the amount of L.S.D. involved equals or exceeds 1,410
fifty unit doses, but is less than two hundred fifty unit doses 1,411
of L.S.D. in a solid form or equals or exceeds five grams but is 1,413
less than twenty-five grams of L.S.D. in a liquid concentrate, 1,414
liquid extract, or liquid distillate form, possession of L.S.D. 1,415
is a felony of the third degree, and there is a presumption for a 1,416
prison term for the offense.
(d) If the amount of L.S.D. involved equals or exceeds two 1,419
hundred fifty unit doses but is less than one thousand unit doses 1,421
of L.S.D. in a solid form or equals or exceeds twenty-five grams 1,423
but is less than one hundred grams of L.S.D. in a liquid 1,424
concentrate, liquid extract, or liquid distillate form, 1,425
possession of L.S.D. is a felony of the second degree, and the 1,427
court shall impose as a mandatory prison term one of the prison 1,428
terms prescribed for a felony of the second degree. 1,429
(e) If the amount of L.S.D. involved equals or exceeds one 1,432
thousand unit doses but is less than five thousand unit doses of 1,434
L.S.D. in a solid form or equals or exceeds one hundred grams but 1,435
is less than five hundred grams of L.S.D. in a liquid 1,437
concentrate, liquid extract, or liquid distillate form, 1,438
possession of L.S.D. is a felony of the first degree, and the 1,439
court shall impose as a mandatory prison term one of the prison 1,440
33
terms prescribed for a felony of the first degree.
(f) If the amount of L.S.D. involved equals or exceeds 1,443
five thousand unit doses of L.S.D. in a solid form or equals or 1,445
exceeds five hundred grams of L.S.D. in a liquid concentrate, 1,447
liquid extract, or liquid distillate form, possession of L.S.D. 1,448
is a felony of the first degree, the offender is a major drug 1,449
offender, and the court shall impose as a mandatory prison term 1,451
the maximum prison term prescribed for a felony of the first 1,452
degree and may impose an additional mandatory prison term 1,453
prescribed for a major drug offender under division (D)(3)(b) of 1,454
section 2929.14 of the Revised Code. 1,455
(6) If the drug involved in the violation is heroin or a 1,457
compound, mixture, preparation, or substance containing heroin, 1,458
whoever violates division (A) of this section is guilty of 1,460
possession of heroin. The penalty for the offense shall be
determined as follows: 1,461
(a) Except as otherwise provided in division (C)(6)(b), 1,464
(c), (d), (e), or (f) of this section, possession of heroin is a 1,465
felony of the fifth degree, and division (B) of section 2929.13 1,466
of the Revised Code applies in determining whether to impose a 1,467
prison term on the offender.
(b) If the amount of the drug involved equals or exceeds 1,469
ten unit doses but is less than fifty unit doses or equals or 1,470
exceeds one gram but is less than five grams, possession of 1,472
heroin is a felony of the fourth degree, and division (C) of 1,473
section 2929.13 of the Revised Code applies in determining 1,474
whether to impose a prison term on the offender. 1,475
(c) If the amount of the drug involved equals or exceeds 1,477
fifty unit doses but is less than one hundred unit doses or 1,478
equals or exceeds five grams but is less than ten grams, 1,479
possession of heroin is a felony of the third degree, and there 1,481
is a presumption for a prison term for the offense. 1,482
(d) If the amount of the drug involved equals or exceeds 1,484
one hundred unit doses but is less than five hundred unit doses 1,485
34
or equals or exceeds ten grams but is less than fifty grams, 1,486
possession of heroin is a felony of the second degree, and the 1,488
court shall impose as a mandatory prison term one of the prison 1,489
terms prescribed for a felony of the second degree. 1,490
(e) If the amount of the drug involved equals or exceeds 1,492
five hundred unit doses but is less than two thousand five 1,493
hundred unit doses or equals or exceeds fifty grams but is less 1,495
than two hundred fifty grams, possession of heroin is a felony of 1,497
the first degree, and the court shall impose as a mandatory 1,498
prison term one of the prison terms prescribed for a felony of 1,499
the first degree.
(f) If the amount of the drug involved equals or exceeds 1,501
two thousand five hundred unit doses or equals or exceeds two 1,503
hundred fifty grams, possession of heroin is a felony of the
first degree, the offender is a major drug offender, and the 1,504
court shall impose as a mandatory prison term the maximum prison 1,506
term prescribed for a felony of the first degree and may impose 1,507
an additional mandatory prison term prescribed for a major drug 1,508
offender under division (D)(3)(b) of section 2929.14 of the 1,509
Revised Code. 1,510
(7) If the drug involved in the violation is hashish or a 1,512
compound, mixture, preparation, or substance containing hashish, 1,513
whoever violates division (A) of this section is guilty of 1,515
possession of hashish. The penalty for the offense shall be
determined as follows: 1,516
(a) Except as otherwise provided in division (C)(7)(b), 1,519
(c), (d), (e), or (f) of this section, possession of hashish is a 1,520
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 1,522
five grams but is less than ten grams of hashish in a solid form 1,524
or equals or exceeds one gram but is less than two grams of 1,526
hashish in a liquid concentrate, liquid extract, or liquid 1,527
distillate form, possession of hashish is a misdemeanor of the 1,528
fourth degree.
35
(c) If the amount of the drug involved equals or exceeds 1,530
ten grams but is less than fifty grams of hashish in a solid form 1,532
or equals or exceeds two grams but is less than ten grams of 1,533
hashish in a liquid concentrate, liquid extract, or liquid 1,535
distillate form, possession of hashish is a felony of the fifth 1,536
degree, and division (B) of section 2929.13 of the Revised Code 1,537
applies in determining whether to impose a prison term on the 1,539
offender.
(d) If the amount of the drug involved equals or exceeds 1,541
fifty grams but is less than two hundred fifty grams of hashish 1,543
in a solid form or equals or exceeds ten grams but is less than 1,545
fifty grams of hashish in a liquid concentrate, liquid extract, 1,546
or liquid distillate form, possession of hashish is a felony of 1,547
the third degree, and division (C) of section 2929.13 of the 1,548
Revised Code applies in determining whether to impose a prison 1,549
term on the offender.
(e) If the amount of the drug involved equals or exceeds 1,551
two hundred fifty grams but is less than one thousand grams of 1,553
hashish in a solid form or equals or exceeds fifty grams but is 1,555
less than two hundred grams of hashish in a liquid concentrate, 1,556
liquid extract, or liquid distillate form, possession of hashish 1,557
is a felony of the third degree, and there is a presumption that 1,558
a prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds 1,560
one thousand grams of hashish in a solid form or equals or 1,561
exceeds two hundred grams of hashish in a liquid concentrate, 1,563
liquid extract, or liquid distillate form, possession of hashish 1,564
is a felony of the second degree, and the court shall impose as a 1,565
mandatory prison term the maximum prison term prescribed for a 1,566
felony of the second degree. 1,567
(D) Arrest or conviction for a minor misdemeanor violation 1,569
of this section does not constitute a criminal record and need 1,570
not be reported by the person so arrested or convicted in 1,571
response to any inquiries about the person's criminal record, 1,572
36
including any inquiries contained in any application for 1,573
employment, license, or other right or privilege, or made in 1,574
connection with the person's appearance as a witness. 1,575
(E) In addition to any prison term authorized or required 1,578
by division (C) of this section and sections 2929.13 and 2929.14 1,579
of the Revised Code and in addition to any other sanction that is 1,580
imposed for the offense under this section or sections 2929.11 to 1,581
2929.18 of the Revised Code, the court that sentences an offender 1,584
who is convicted of or pleads guilty to a violation of division 1,585
(A) of this section shall do all of the following that are 1,586
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,589
or third degree, the court shall impose upon the offender the 1,590
mandatory fine specified for the offense under division (B)(1) of 1,591
section 2929.18 of the Revised Code unless, as specified in that 1,592
division, the court determines that the offender is indigent. 1,593
(b) Notwithstanding any contrary provision of section 1,595
3719.21 of the Revised Code, the clerk of the court shall pay a 1,597
mandatory fine or other fine imposed for a violation of this 1,598
section pursuant to division (A) of section 2929.18 of the 1,599
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 1,600
agency that receives the fine shall use the fine as specified in 1,601
division (F) of section 2925.03 of the Revised Code. 1,602
(c) If a person is charged with a violation of this 1,604
section that is a felony of the first, second, or third degree, 1,605
posts bail, and forfeits the bail, the clerk shall pay the 1,606
forfeited bail pursuant to division (E)(1)(b) of this section as 1,607
if it were a mandatory fine imposed under division (E)(1)(a) of 1,608
this section.
(2) The court shall suspend for not less than six months 1,610
or more than five years the driver's or commercial driver's 1,611
license or permit of any person who is convicted of or has 1,612
pleaded guilty to a violation of this section.
37
(3) If the offender is a professionally licensed person or 1,614
a person who has been admitted to the bar by order of the supreme 1,616
court in compliance with its prescribed and published rules, in 1,617
addition to any other sanction imposed for a violation of this 1,618
section, the court forthwith shall comply with section 2925.38 of 1,619
the Revised Code.
(F) It is an affirmative defense, as provided in section 1,621
2901.05 of the Revised Code, to a charge of a fourth degree 1,622
felony violation under this section that the controlled substance 1,623
that gave rise to the charge is in an amount, is in a form, is 1,626
prepared, compounded, or mixed with substances that are not 1,628
controlled substances in a manner, or is possessed under any 1,629
other circumstances, that indicate that the substance was 1,630
possessed solely for personal use. Notwithstanding any contrary 1,632
provision of this section, if, in accordance with section 2901.05 1,633
of the Revised Code, an accused who is charged with a fourth 1,634
degree felony violation of division (C)(2), (4), (5), or (6) of 1,635
this section sustains the burden of going forward with evidence 1,636
of and establishes by a preponderance of the evidence the 1,637
affirmative defense described in this division, the accused may 1,638
be prosecuted for and may plead guilty to or be convicted of a 1,639
misdemeanor violation of division (C)(2) of this section or a 1,640
fifth degree felony violation of division (C)(4), (5), or (6) of 1,641
this section respectively. 1,642
(G) When a person is charged with possessing a bulk amount 1,644
or multiple of a bulk amount, division (E) of section 2925.03 of 1,646
the Revised Code applies regarding the determination of the 1,647
amount of the controlled substance involved at the time of the 1,648
offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain, 1,657
possess, or use any instrument, article, or thing the customary 1,658
and primary purpose of which is for the administration or use of 1,659
a dangerous drug, other than marihuana, when the instrument 1,660
involved is a hypodermic or syringe, whether or not of crude or 1,661
38
extemporized manufacture or assembly, and the instrument, 1,662
article, or thing involved has been used by the offender to 1,663
unlawfully administer or use a dangerous drug, other than 1,664
marihuana, or to prepare a dangerous drug, other than marihuana, 1,665
for unlawful administration or use. 1,666
(B) This section does not apply to manufacturers, licensed 1,669
health professionals authorized to prescribe drugs, pharmacists, 1,670
owners of pharmacies, and other persons whose conduct was in 1,671
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,672
4741. or section 4723.56 of the Revised Code. 1,673
(C) Whoever violates this section is guilty of possessing 1,675
drug abuse instruments, a misdemeanor of the second degree. If 1,676
the offender previously has been convicted of a drug abuse 1,677
offense, a violation of this section is a misdemeanor of the 1,678
first degree. 1,679
(D) In addition to any other sanction imposed for a 1,681
violation of this section, the court shall suspend for not less 1,682
than six months or more than five years the driver's or 1,683
commercial driver's license or permit of any person who is 1,684
convicted of or has pleaded guilty to a violation of this 1,685
section. If the offender is a professionally licensed person or 1,686
a person who has been admitted to the bar by order of the supreme 1,687
court in compliance with its prescribed and published rules, in 1,688
addition to any other sanction imposed for a violation of this 1,689
section, the court forthwith shall comply with section 2925.38 of 1,690
the Revised Code.
Sec. 2925.14. (A) As used in this section, "drug 1,699
paraphernalia" means any equipment, product, or material of any 1,700
kind that is used by the offender, intended by the offender for 1,701
use, or designed for use, in propagating, cultivating, growing, 1,702
harvesting, manufacturing, compounding, converting, producing, 1,703
processing, preparing, testing, analyzing, packaging, 1,704
repackaging, storing, containing, concealing, injecting, 1,705
ingesting, inhaling, or otherwise introducing into the human 1,706
39
body, a controlled substance in violation of this chapter. "Drug 1,707
paraphernalia" includes, but is not limited to, any of the 1,708
following equipment, products, or materials that are used by the 1,709
offender, intended by the offender for use, or designed by the 1,710
offender for use, in any of the following manners: 1,711
(1) A kit for propagating, cultivating, growing, or 1,713
harvesting any species of a plant that is a controlled substance 1,714
or from which a controlled substance can be derived; 1,715
(2) A kit for manufacturing, compounding, converting, 1,717
producing, processing, or preparing a controlled substance; 1,718
(3) An isomerization device for increasing the potency of 1,720
any species of a plant that is a controlled substance; 1,721
(4) Testing equipment for identifying, or analyzing the 1,723
strength, effectiveness, or purity of, a controlled substance; 1,724
(5) A scale or balance for weighing or measuring a 1,726
controlled substance; 1,727
(6) A diluent or adulterant, such as quinine 1,729
hydrochloride, mannitol, mannite, dextrose, or lactose, for 1,730
cutting a controlled substance; 1,731
(7) A separation gin or sifter for removing twigs and 1,733
seeds from, or otherwise cleaning or refining, marihuana; 1,734
(8) A blender, bowl, container, spoon, or mixing device 1,736
for compounding a controlled substance; 1,737
(9) A capsule, balloon, envelope, or container for 1,739
packaging small quantities of a controlled substance; 1,740
(10) A container or device for storing or concealing a 1,742
controlled substance; 1,743
(11) A hypodermic syringe, needle, or instrument for 1,745
parenterally injecting a controlled substance into the human 1,746
body; 1,747
(12) An object, instrument, or device for ingesting, 1,749
inhaling, or otherwise introducing into the human body, 1,750
marihuana, cocaine, hashish, or hashish oil, such as a metal, 1,752
wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or 1,753
40
without a screen, permanent screen, hashish head, or punctured 1,754
metal bowl; water pipe; carburetion tube or device; smoking or 1,755
carburetion mask; roach clip or similar object used to hold 1,756
burning material, such as a marihuana cigarette, that has become 1,757
too small or too short to be held in the hand; miniature cocaine 1,758
spoon, or cocaine vial; chamber pipe; carburetor pipe; electric 1,759
pipe; air driver pipe; chillum; bong; or ice pipe or chiller. 1,760
(B) In determining if an object is drug paraphernalia, a 1,762
court or law enforcement officer shall consider, in addition to 1,763
other relevant factors, the following: 1,764
(1) Any statement by the owner, or by anyone in control, 1,766
of the object, concerning its use; 1,767
(2) The proximity in time or space of the object, or of 1,769
the act relating to the object, to a violation of any provision 1,770
of this chapter; 1,771
(3) The proximity of the object to any controlled 1,773
substance;
(4) The existence of any residue of a controlled substance 1,775
on the object;
(5) Direct or circumstantial evidence of the intent of the 1,777
owner, or of anyone in control, of the object, to deliver it to 1,778
any person whom the owner or person in control of the object 1,779
knows intends to use the object to facilitate a violation of any 1,780
provision of this chapter. A finding that the owner, or anyone 1,781
in control, of the object, is not guilty of a violation of any 1,782
other provision of this chapter does not prevent a finding that 1,783
the object was intended or designed by the offender for use as 1,784
drug paraphernalia.
(6) Any oral or written instruction provided with the 1,786
object concerning its use; 1,787
(7) Any descriptive material accompanying the object and 1,789
explaining or depicting its use; 1,790
(8) National or local advertising concerning the use of 1,792
the object; 1,793
41
(9) The manner and circumstances in which the object is 1,795
displayed for sale; 1,796
(10) Direct or circumstantial evidence of the ratio of the 1,798
sales of the object to the total sales of the business 1,799
enterprise; 1,800
(11) The existence and scope of legitimate uses of the 1,802
object in the community; 1,803
(12) Expert testimony concerning the use of the object. 1,805
(C)(1) No person shall knowingly use, or possess with 1,807
purpose to use, drug paraphernalia. 1,808
(2) No person shall knowingly sell, or possess or 1,810
manufacture with purpose to sell, drug paraphernalia, if the 1,811
person knows or reasonably should know that the equipment, 1,812
product, or material will be used as drug paraphernalia. 1,813
(3) No person shall place an advertisement in any 1,815
newspaper, magazine, handbill, or other publication that is 1,816
published and printed and circulates primarily within this state, 1,817
if the person knows that the purpose of the advertisement is to 1,818
promote the illegal sale in this state of the equipment, product, 1,819
or material that the offender intended or designed for use as 1,820
drug paraphernalia.
(D) This section does not apply to manufacturers, licensed 1,823
health professionals authorized to prescribe drugs, pharmacists, 1,824
owners of pharmacies, and other persons whose conduct is in 1,825
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,826
4741. or section 4723.56 of the Revised Code. This section shall 1,827
not be construed to prohibit the possession or use of a 1,828
hypodermic as authorized by section 3719.172 of the Revised Code. 1,829
(E) Notwithstanding sections 2933.42 and 2933.43 of the 1,831
Revised Code, any drug paraphernalia that was used, possessed, 1,832
sold, or manufactured in a violation of this section shall be 1,833
seized, after a conviction for that violation shall be forfeited, 1,834
and upon forfeiture shall be disposed of pursuant to division 1,835
(D)(8) of section 2933.41 of the Revised Code. 1,836
42
(F)(1) Whoever violates division (C)(1) of this section is 1,838
guilty of illegal use or possession of drug paraphernalia, a 1,839
misdemeanor of the fourth degree. 1,840
(2) Except as provided in division (F)(3) of this section, 1,842
whoever violates division (C)(2) of this section is guilty of 1,843
dealing in drug paraphernalia, a misdemeanor of the second 1,844
degree. 1,845
(3) Whoever violates division (C)(2) of this section by 1,847
selling drug paraphernalia to a juvenile is guilty of selling 1,848
drug paraphernalia to juveniles, a misdemeanor of the first 1,849
degree. 1,850
(4) Whoever violates division (C)(3) of this section is 1,852
guilty of illegal advertising of drug paraphernalia, a 1,853
misdemeanor of the second degree. 1,854
(G) In addition to any other sanction imposed for a 1,856
violation of this section, the court shall suspend for not less 1,857
than six months or more than five years the driver's or 1,858
commercial driver's license or permit of any person who is 1,859
convicted of or has pleaded guilty to a violation of this 1,860
section. If the offender is a professionally licensed person or 1,861
a person who has been admitted to the bar by order of the supreme 1,862
court in compliance with its prescribed and published rules, in 1,863
addition to any other sanction imposed for a violation of this 1,864
section, the court forthwith shall comply with section 2925.38 of 1,865
the Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false 1,874
statement in any prescription, order, report, or record required 1,875
by Chapter 3719. or 4729. of the Revised Code. 1,876
(B) No person shall intentionally make, utter, or sell, or 1,878
knowingly possess any of the following that is a false or forged: 1,879
(1) Prescription; 1,881
(2) Uncompleted preprinted prescription blank used for 1,883
writing a prescription; 1,884
(3) Official written order; 1,886
43
(4) License for a terminal distributor of dangerous drugs 1,888
as required in section 4729.60 of the Revised Code; 1,889
(5) Registration certificate for a wholesale distributor 1,891
of dangerous drugs as required in section 4729.60 of the Revised 1,892
Code. 1,893
(C) No person, by theft as defined in section 2913.02 of 1,895
the Revised Code, shall acquire any of the following: 1,896
(1) A prescription; 1,898
(2) An uncompleted preprinted prescription blank used for 1,900
writing a prescription; 1,901
(3) An official written order; 1,903
(4) A blank official written order; 1,905
(5) A license or blank license for a terminal distributor 1,907
of dangerous drugs as required in section 4729.60 of the Revised 1,908
Code; 1,909
(6) A registration certificate or blank registration 1,911
certificate for a wholesale distributor of dangerous drugs as 1,912
required in section 4729.60 of the Revised Code. 1,913
(D) No person shall knowingly make or affix any false or 1,915
forged label to a package or receptacle containing any dangerous 1,916
drugs. 1,917
(E) Divisions (A) and (D) of this section do not apply to 1,919
licensed health professionals authorized to prescribe drugs, 1,921
pharmacists, owners of pharmacies, and other persons whose 1,922
conduct is in accordance with Chapters 3719., 4715., 4723., 1,923
4725., 4729., 4731., and 4741. of the Revised Code or section 1,925
4723.56 of the Revised Code.
(F) Whoever violates this section is guilty of illegal 1,927
processing of drug documents. If the offender violates division 1,929
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this 1,931
section, illegal processing of drug documents is a felony of the
fifth degree. If the offender violates division (B)(1) or (3), 1,932
division (C)(1) or (3), or division (D) of this section, the 1,933
penalty for illegal processing of drug documents shall be 1,935
44
determined as follows: 1,936
(1) If the drug involved is a compound, mixture, 1,938
preparation, or substance included in schedule I or II, with the 1,939
exception of marihuana, illegal processing of drug documents is a 1,940
felony of the fourth degree, and division (C) of section 2929.13 1,941
of the Revised Code applies in determining whether to impose a 1,942
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 1,944
compound, mixture, preparation, or substance included in schedule 1,945
III, IV, or V or is marihuana, illegal processing of drug 1,946
documents is a felony of the fifth degree, and division (C) of 1,947
section 2929.13 of the Revised Code applies in determining 1,948
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 1,950
by division (F) of this section and sections 2929.13 and 2929.14 1,951
of the Revised Code and in addition to any other sanction imposed 1,952
for the offense under this section or sections 2929.11 to 2929.18 1,953
of the Revised Code, the court that sentences an offender who is 1,954
convicted of or pleads guilty to any violation of divisions (A) 1,955
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 1,958
or more than five years the driver's or commercial driver's 1,959
license or permit of any person who is convicted of or has 1,960
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 1,962
a person who has been admitted to the bar by order of the supreme 1,963
court in compliance with its prescribed and published rules, in 1,964
addition to any other sanction imposed for a violation of this 1,965
section, the court forthwith shall comply with section 2925.38 of 1,966
the Revised Code.
(H) Notwithstanding any contrary provision of section 1,968
3719.21 of the Revised Code, the clerk of court shall pay a fine 1,969
imposed for a violation of this section pursuant to division (A) 1,970
of section 2929.18 of the Revised Code in accordance with and 1,971
45
subject to the requirements of division (F) of section 2925.03 of 1,972
the Revised Code. The agency that receives the fine shall use 1,973
the fine as specified in division (F) of section 2925.03 of the 1,974
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 1,983
another a sample drug. 1,984
(B) Division (A) of this section does not apply to 1,986
manufacturers, wholesalers, pharmacists, owners of pharmacies, 1,987
dentists, doctors of medicine and surgery, doctors of osteopathic 1,988
medicine and surgery, doctors of podiatry, veterinarians LICENSED 1,989
HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, and other 1,991
persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code 1,993
or to optometrists whose conduct is in accordance with a valid 1,994
therapeutic pharmaceutical agents certificate issued under 1,995
Chapter 4725. of the Revised Code. 1,996
(C)(1) Whoever violates this section is guilty of illegal 1,998
dispensing of drug samples. 1,999
(2) If the drug involved in the offense is a compound, 2,001
mixture, preparation, or substance included in schedule I or II, 2,002
with the exception of marihuana, the penalty for the offense 2,003
shall be determined as follows: 2,004
(a) Except as otherwise provided in division (C)(2)(b) of 2,006
this section, illegal dispensing of drug samples is a felony of 2,007
the fifth degree, and, subject to division (E) of this section, 2,009
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 2,010
(b) If the offense was committed in the vicinity of a 2,012
school or in the vicinity of a juvenile, illegal dispensing of 2,013
drug samples is a felony of the fourth degree, and, subject to 2,014
division (E) of this section, division (C) of section 2929.13 of 2,015
the Revised Code applies in determining whether to impose a 2,016
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 2,018
46
drug or a compound, mixture, preparation, or substance included 2,019
in schedule III, IV, or V, or is marihuana, the penalty for the 2,020
offense shall be determined as follows: 2,021
(a) Except as otherwise provided in division (C)(3)(b) of 2,024
this section, illegal dispensing of drug samples is a misdemeanor 2,025
of the second degree.
(b) If the offense was committed in the vicinity of a 2,028
school or in the vicinity of a juvenile, illegal dispensing of 2,029
drug samples is a misdemeanor of the first degree. 2,030
(D) In addition to any prison term authorized or required 2,033
by division (C) or (E) of this section and sections 2929.13 and 2,034
2929.14 of the Revised Code and in addition to any other sanction 2,035
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 2,037
who is convicted of or pleads guilty to a violation of division 2,038
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 2,041
or more than five years the driver's or commercial driver's 2,042
license or permit of any person who is convicted of or has 2,043
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 2,045
a person who has been admitted to the bar by order of the supreme 2,046
court in compliance with its prescribed and published rules, in 2,047
addition to any other sanction imposed for a violation of this 2,048
section, the court forthwith shall comply with section 2925.38 of 2,049
the Revised Code. 2,050
(E) Notwithstanding the prison term authorized or required 2,052
by division (C) of this section and sections 2929.13 and 2929.14 2,053
of the Revised Code, if the violation of division (A) of this 2,054
section involves the sale, offer to sell, or possession of a 2,055
schedule I or II controlled substance, with the exception of 2,056
marihuana, and if the court imposing sentence upon the offender 2,057
finds that the offender as a result of the violation is a major 2,058
drug offender and is guilty of a specification of the type 2,059
47
described in section 2941.1410 of the Revised Code, the court, in 2,060
lieu of the prison term otherwise authorized or required, shall 2,061
impose upon the offender the mandatory prison term specified in 2,062
division (D)(3)(a) of section 2929.14 of the Revised Code and may 2,063
impose an additional prison term under division (D)(3)(b) of that 2,065
section.
(F) Notwithstanding any contrary provision of section 2,068
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 2,070
(A) of section 2929.18 of the Revised Code in accordance with and 2,071
subject to the requirements of division (F) of section 2925.03 of 2,072
the Revised Code. The agency that receives the fine shall use 2,073
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 2,074
Sec. 3719.06. (A)(1) A licensed health professional 2,083
authorized to prescribe drugs, if acting in the course of 2,086
professional practice, in accordance with the laws regulating the 2,087
professional's practice, and in accordance with rules adopted by 2,088
the state board of pharmacy, may, EXCEPT AS PROVIDED IN DIVISION 2,089
(A)(2) OF THIS SECTION, do the following: 2,090
(1)(a) Prescribe schedule II, III, IV, and V controlled 2,093
substances;
(2)(b) Administer or personally furnish to patients 2,096
schedule II, III, IV, and V controlled substances; 2,099
(3)(c) Cause schedule II, III, IV, and V controlled 2,103
substances to be administered under the prescriber's direction 2,105
and supervision.
(2) A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 2,108
DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED 2,109
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER IS SUBJECT TO BOTH 2,111
OF THE FOLLOWING:
(a) A SCHEDULE II CONTROLLED SUBSTANCE MAY BE PRESCRIBED 2,113
ONLY FOR A PATIENT WITH A TERMINAL CONDITION, AS DEFINED IN 2,115
SECTION 2133.01 OF THE REVISED CODE, ONLY IF THE NURSE'S 2,116
48
COLLABORATING PHYSICIAN INITIALLY PRESCRIBED THE SUBSTANCE FOR 2,117
THE PATIENT, AND ONLY IN AN AMOUNT THAT DOES NOT EXCEED THE 2,119
AMOUNT NECESSARY FOR THE PATIENT'S USE IN A SINGLE, 2,120
TWENTY-FOUR-HOUR PERIOD.
(b) NO CONTROLLED SUBSTANCE SHALL BE PERSONALLY FURNISHED 2,122
TO ANY PATIENT. 2,123
(B) No licensed health professional authorized to 2,126
prescribe drugs shall prescribe, administer, or personally 2,127
furnish a schedule III anabolic steroid for the purpose of human 2,129
muscle building or enhancing human athletic performance and no 2,130
pharmacist shall dispense a schedule III anabolic steroid for 2,131
either purpose, unless it has been approved for that purpose
under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 2,133
(1938), 21 U.S.C.A. 301, as amended. 2,134
(C) Each written prescription shall be properly executed, 2,137
dated, and signed by the prescriber on the day when issued and 2,141
shall bear the full name and address of the person for whom, or 2,142
the owner of the animal for which, the controlled substance is 2,144
prescribed and the full name, address, and registry number under 2,145
the federal drug abuse control laws of the prescriber. If the 2,146
prescription is for an animal, it shall state the species of the 2,149
animal for which the controlled substance is prescribed.
Sec. 3719.81. (A) A person may furnish another a sample 2,158
of any drug of abuse, or of any drug or pharmaceutical 2,159
preparation that would be hazardous to health or safety if used 2,161
without the supervision of a licensed health professional 2,162
authorized to prescribe drugs, if all of the following apply: 2,163
(1) The sample is furnished by a manufacturer, 2,165
manufacturer's representative, or wholesale dealer in 2,166
pharmaceuticals to a licensed health professional authorized to 2,168
prescribe drugs, or is furnished by such a professional to a 2,169
patient for use as medication;
(2) The drug is in the original container in which it was 2,171
placed by the manufacturer, and the container is plainly marked 2,173
49
as a sample; 2,174
(3) Prior to its being furnished, the drug sample has been 2,176
stored under the proper conditions to prevent its deterioration 2,177
or contamination; 2,178
(4) If the drug is of a type which deteriorates with time, 2,180
the sample container is plainly marked with the date beyond which 2,181
the drug sample is unsafe to use, and the date has not expired on 2,184
the sample furnished. Compliance with the labeling requirements 2,185
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 2,186
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance 2,187
with this section. 2,189
(5) The drug is distributed, stored, or discarded in such 2,191
a way that the drug sample may not be acquired or used by any 2,192
unauthorized person, or by any person, including a child, for 2,193
whom it may present a health or safety hazard. 2,194
(B) Division (A) of this section does not do any of the 2,196
following: 2,197
(1) Apply to or restrict the furnishing of any sample of a 2,199
nonnarcotic substance if the substance may, under the "Federal 2,201
Food, Drug, and Cosmetic Act" and under the laws of this state, 2,202
otherwise be lawfully sold over the counter without a 2,203
prescription;
(2) Authorize an A LICENSED HEALTH PROFESSIONAL AUTHORIZED 2,206
TO PRESCRIBE DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED 2,208
NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR advanced practice 2,209
nurse to furnish a sample of any A drug THAT IS NOT A DRUG THE 2,211
NURSE IS AUTHORIZED TO PRESCRIBE; 2,212
(3) Authorize an optometrist to furnish a sample of a drug 2,215
that is not a drug the optometrist is authorized to prescribe.
(C) The state board of pharmacy shall, in accordance with 2,217
Chapter 119. of the Revised Code, adopt rules as necessary to 2,219
give effect to this section.
Sec. 4723.02. As used in this chapter: 2,228
(A) "Registered nurse" means an individual who holds a 2,230
50
current, valid license issued under this chapter that authorizes 2,231
the practice of nursing as a registered nurse. 2,232
(B) "Practice of nursing as a registered nurse" means 2,234
providing to individuals and groups nursing care requiring 2,235
specialized knowledge, judgment, and skill derived from the 2,236
principles of biological, physical, behavioral, social, and 2,237
nursing sciences. Such nursing care includes: 2,238
(1) Identifying patterns of human responses to actual or 2,240
potential health problems amenable to a nursing regimen; 2,241
(2) Executing a nursing regimen through the selection, 2,243
performance, management, and evaluation of nursing actions; 2,244
(3) Assessing health status for the purpose of providing 2,246
nursing care; 2,247
(4) Providing health counseling and health teaching; 2,249
(5) Administering medications, treatments, and executing 2,251
regimens prescribed by licensed physicians; dentists; 2,253
optometrists; podiatrists; or, until January 1, 2010, advanced 2,255
practice nurses authorized to prescribe under section 4723.56 of 2,256
the Revised Code AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO 2,257
PRACTICE IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE
INDIVIDUAL'S PROFESSIONAL PRACTICE; 2,258
(6) Teaching, administering, supervising, delegating, and 2,260
evaluating nursing practice. 2,261
(C) "Nursing regimen" may include preventative, 2,263
restorative, and health-promotion activities. 2,264
(D) "Assessing health status" means the collection of data 2,266
through nursing assessment techniques, which may include 2,267
interviews, observation, and physical evaluations for the purpose 2,268
of providing nursing care. 2,269
(E) "Licensed practical nurse" means an individual who 2,271
holds a current, valid license issued under this chapter that 2,272
authorizes the practice of nursing as a licensed practical nurse. 2,273
(F) "The practice of nursing as a licensed practical 2,275
nurse" means providing to individuals and groups nursing care 2,276
51
requiring the application of basic knowledge of the biological, 2,277
physical, behavioral, social, and nursing sciences at the 2,278
direction of a licensed physician, dentist, podiatrist, 2,279
optometrist, or registered nurse. Such nursing care includes: 2,280
(1) Observation, patient teaching, and care in a diversity 2,282
of health care settings; 2,283
(2) Contributions to the planning, implementation, and 2,285
evaluation of nursing; 2,286
(3) Administration of medications and treatments 2,288
prescribed by a licensed physician; dentist; optometrist; 2,290
podiatrist; or, until January 1, 2010, an advanced practice nurse 2,292
authorized to prescribe under section 4723.56 of the Revised Code 2,293
AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS 2,294
STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S 2,295
PROFESSIONAL PRACTICE, except that administration of intravenous 2,296
therapy shall be performed only in accordance with section
4723.48 4723.17 of the Revised Code. Medications may be 2,298
administered by a licensed practical nurse upon proof of 2,299
completion of a course in medication administration approved by 2,300
the board of nursing.
(4) Administration to an adult of intravenous therapy 2,302
prescribed by a licensed physician; dentist; optometrist; 2,303
podiatrist; or, until January 1, 2010, an advanced practice nurse 2,304
authorized to prescribe under section 4723.56 of the Revised Code 2,306
AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS
STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S 2,307
PROFESSIONAL PRACTICE, on the condition that the licensed 2,308
practical nurse is authorized by the board of nursing pursuant to 2,309
section 4723.48 4723.17 of the Revised Code to perform 2,310
intravenous therapy and performs intravenous therapy only in 2,312
accordance with section 4723.48 4723.17 of the Revised Code. 2,313
(G) "Certified registered nurse anesthetist" means a 2,316
registered nurse who holds a valid certificate of authority 2,317
issued under this chapter that authorizes the practice of nursing 2,318
52
as a certified registered nurse anesthetist in accordance with 2,319
section 4723.43 of the Revised Code and rules adopted by the 2,320
board of nursing. 2,321
(H) "Clinical nurse specialist" means a registered nurse 2,324
who holds a valid certificate of authority issued under this 2,325
chapter that authorizes the practice of nursing as a clinical 2,326
nurse specialist in accordance with section 4723.43 of the 2,327
Revised Code and rules adopted by the board of nursing. 2,328
(I) "Certified nurse-midwife" means a registered nurse who 2,330
holds a valid certificate of authority issued under this chapter 2,331
that authorizes the practice of nursing as a certified 2,332
nurse-midwife in accordance with section 4723.43 of the Revised 2,333
Code and rules adopted by the board of nursing. 2,334
(J) "Certified nurse practitioner" means a registered 2,336
nurse who holds a valid certificate of authority issued under 2,337
this chapter that authorizes the practice of nursing as a 2,338
certified nurse practitioner in accordance with section 4723.43 2,339
of the Revised Code and rules adopted by the board of nursing. 2,341
(K) "Physician" means an individual who holds a 2,344
certificate issued AUTHORIZED under Chapter 4731. of the Revised 2,345
Code authorizing the TO practice of medicine and surgery or 2,347
osteopathic medicine and surgery and is practicing in this state. 2,348
(L) "Dentist" means an individual who is licensed under 2,351
Chapter 4715. of the Revised Code to practice dentistry and is 2,352
practicing in this state. 2,353
(M) "Podiatrist" means an individual who holds a 2,356
certificate issued under Chapter 4731. of the Revised Code 2,357
authorizing the practice of podiatry and is practicing in this 2,358
state.
(N) "Collaboration" or "collaborating" means the 2,360
following: 2,361
(1) In the case of a clinical nurse specialist, except as 2,364
provided in division (N)(L)(3) of this section, or a certified 2,365
nurse practitioner, that a podiatrist ONE OR MORE PODIATRISTS 2,366
53
acting within the podiatrist's scope of practice OF PODIATRY in 2,368
accordance with section 4731.51 of the Revised Code and with whom 2,369
the nurse has entered into a standard care arrangement or 2,370
physician ONE OR MORE PHYSICIANS with whom the nurse has entered 2,371
into a standard care arrangement is ARE continuously available to 2,373
communicate with the clinical nurse specialist or certified nurse 2,374
practitioner either in person or by radio, telephone, or other 2,375
form of telecommunication;
(2) In the case of a certified nurse-midwife, that a 2,377
physician ONE OR MORE PHYSICIANS with whom the certified 2,378
nurse-midwife has entered into a standard care arrangement is ARE 2,379
continuously available to communicate with the certified 2,380
nurse-midwife either in person or by radio, telephone, or other 2,381
form of telecommunication; 2,382
(3) In the case of a clinical nurse specialist whose WHO 2,384
PRACTICES THE nursing specialty is OF mental health or 2,385
psychiatric mental health WITHOUT BEING AUTHORIZED TO PRESCRIBE 2,386
DRUGS AND THERAPEUTIC DEVICES, that a physician is ONE OR MORE 2,387
PHYSICIANS ARE continuously available to communicate with the 2,389
nurse either in person or by radio, telephone, or other form of 2,390
telecommunication.
(O)(M) "Supervision," AS IT PERTAINS TO A CERTIFIED 2,392
REGISTERED NURSE ANESTHETIST, means that a THE certified 2,394
registered nurse anesthetist is under the direction of a 2,395
podiatrist acting within the podiatrist's scope of practice in 2,396
accordance with section 4731.51 of the Revised Code, a dentist 2,398
acting within the dentist's scope of practice in accordance with 2,399
Chapter 4715. of the Revised Code, or a physician, and, when 2,401
administering anesthesia, the certified registered nurse 2,402
anesthetist is in the immediate presence of the podiatrist, 2,403
dentist, or physician.
(P)(N) "Standard care arrangement," EXCEPT AS IT PERTAINS 2,406
TO AN ADVANCED PRACTICE NURSE, means a written, formal guide for 2,407
planning and evaluating a patient's health care that is developed 2,408
54
by a ONE OR MORE collaborating physician PHYSICIANS or podiatrist 2,409
PODIATRISTS and a clinical nurse specialist, certified 2,410
nurse-midwife, or certified nurse practitioner and meets the 2,411
requirements of section 4723.431 of the Revised Code. 2,412
(O) "ADVANCED PRACTICE NURSE," UNTIL THREE YEARS AND EIGHT 2,414
MONTHS AFTER THIS AMENDMENT, MEANS A REGISTERED NURSE WHO IS 2,415
APPROVED BY THE BOARD OF NURSING UNDER SECTION 4723.55 OF THE 2,416
REVISED CODE TO PRACTICE AS AN ADVANCED PRACTICE NURSE. 2,418
Sec. 4723.04. The state nurses' board shall be known as 2,428
the board of nursing. The board shall assume and exercise all 2,429
the powers and perform all the duties conferred and imposed on it 2,430
by this chapter concerning nurses and nursing and the regulation 2,431
thereof. The board shall consist of thirteen members who shall 2,432
be citizens of the United States and residents of Ohio. Eight 2,433
members shall be registered nurses, each of whom shall be a 2,434
graduate of an approved program of nursing education that 2,435
prepares persons for licensure as a registered nurse, shall hold 2,436
a currently active license issued under this chapter to practice 2,437
nursing as a registered nurse, and shall have been actively 2,438
engaged in the practice of nursing as a registered nurse for the 2,439
five years immediately preceding the member's initial appointment 2,440
to the board. OF THE EIGHT MEMBERS WHO ARE REGISTERED NURSES, AT 2,441
LEAST ONE SHALL HOLD A VALID CERTIFICATE OF AUTHORITY ISSUED 2,444
UNDER THIS CHAPTER THAT AUTHORIZES THE PRACTICE OF NURSING AS A 2,445
CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL NURSE 2,446
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 2,447
PRACTITIONER. Four members shall be licensed practical nurses, 2,449
each of whom shall be a graduate of an approved program of 2,450
nursing education that prepares persons for licensure as a 2,451
practical nurse, shall hold a currently active license issued 2,452
under this chapter to practice nursing as a licensed practical 2,453
nurse, and shall have been actively engaged in the practice of 2,454
nursing as a licensed practical nurse for the five years 2,455
immediately preceding the member's initial appointment to the 2,456
55
board. One member shall represent the interests of consumers of 2,457
health care. Neither this member nor any person in the member's 2,458
immediate family shall be a member of or associated with a health 2,459
care provider or profession or shall have a financial interest in 2,460
the delivery or financing of health care. Representation of 2,461
nursing service and nursing education and of the various 2,462
geographical areas of the state shall be considered in making 2,463
appointments. As the term of any member of the board expires, a 2,464
successor shall be appointed who has the qualifications the 2,465
vacancy requires. Terms of office shall be for five years, 2,466
commencing on the first day of January and ending on the 2,467
thirty-first day of December. Each member shall hold office from 2,468
the date of appointment until the end of the term for which the 2,469
member was appointed. The term of a member shall expire if the 2,470
member ceases to meet any requirement of this section for the 2,471
member's position on the board. Any member appointed to fill a 2,472
vacancy occurring prior to the expiration of the term for which 2,473
her THE MEMBER'S predecessor was appointed shall hold office for 2,474
the remainder of such term. A person who has served a full term 2,476
on the board or more than thirty months of the remainder of the 2,477
term of a predecessor shall not be eligible for a subsequent 2,478
appointment to the board. Any member shall continue in office 2,479
subsequent to the expiration date of her THE MEMBER'S term until 2,480
her THE MEMBER'S successor takes office, or until a period of 2,482
sixty days has elapsed, whichever occurs first. Nursing 2,483
organizations of this state may each submit to the governor the 2,484
names of not more than five nominees for each position to be 2,485
filled on the board. From the names so submitted or from others, 2,486
at his THE GOVERNOR'S discretion, the governor with the advice 2,487
and consent of the senate shall make such appointments. 2,488
Any member of the board may be removed by the governor for 2,490
neglect of any duty required by law or for incompetency or 2,491
unprofessional or dishonorable conduct, after a hearing as 2,492
provided in Chapter 119. of the Revised Code. Seven members of 2,493
56
the board including at least four registered nurses and at least 2,494
one licensed practical nurse shall at all times constitute a 2,495
quorum. 2,496
Each member of the board shall receive an amount fixed 2,498
pursuant to division (J) of section 124.15 of the Revised Code 2,499
for each day in attendance at board meetings and in discharge of 2,500
official duties, and in addition thereto, necessary expense 2,501
incurred in the performance of such duties. 2,502
The board shall elect one of its nurse members as president 2,504
and one as vice-president. 2,505
The board may establish advisory groups to serve in 2,507
consultation with the board or the executive director. Each 2,508
advisory group shall be given a specific charge in writing and 2,509
shall report to the board. Members of advisory groups shall 2,510
serve without compensation but shall receive their actual and 2,511
necessary expenses incurred in the performance of their official 2,512
duties. 2,513
Sec. 4723.06. (A) The board of nursing shall: 2,522
(1) Administer and enforce the provisions of this chapter, 2,524
including the taking of disciplinary action for violations of 2,525
section 4723.28 of the Revised Code, any other provisions of this 2,526
chapter, or rules promulgated under Chapter 119. of the Revised 2,527
Code; 2,528
(2) Examine applicants for licensure to practice as a 2,530
registered nurse or as a licensed practical nurse; 2,531
(3) Issue and renew licenses as provided in this chapter; 2,533
(4) Define the minimum curricula and standards for 2,535
educational programs of the schools of professional nursing and 2,536
schools of practical nursing in this state; 2,537
(5) Survey, inspect, and grant full approval to 2,539
prelicensure nursing education programs that meet the standards 2,541
established by rules adopted under section 4723.07 of the Revised 2,542
Code. Prelicensure nursing education programs include, but are 2,543
not limited to, associate degree, baccalaureate degree, diploma, 2,544
57
and doctor of nursing programs leading to initial licensure to 2,545
practice nursing as a registered nurse and practical nurse 2,546
programs leading to initial licensure to practice nursing as a 2,547
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 2,549
the board, to a new prelicensure nursing education program or a 2,550
program that is being reestablished after having ceased to 2,552
operate, if the program meets and maintains the minimum standards 2,554
of the board established by rules adopted under section 4723.07 2,555
of the Revised Code. If the board does not grant conditional 2,556
approval, it shall hold a hearing under Chapter 119. of the 2,557
Revised Code to consider conditional approval of the program. If 2,558
the board grants conditional approval, at its first meeting after 2,559
the first class has completed the program, the board shall 2,560
determine whether to grant full approval to the program. If the 2,561
board does not grant full approval or if it appears that the 2,564
program has failed to meet and maintain standards established by 2,565
rules adopted under section 4723.07 of the Revised Code, the 2,566
board shall hold a hearing under Chapter 119. of the Revised Code 2,567
to consider the program. Based on results of the hearing, the 2,568
board may continue or withdraw conditional approval, or grant 2,569
full approval.
(7) Place on provisional approval, for a period of time 2,571
specified by the board, a program that has ceased to meet and 2,573
maintain the minimum standards of the board established by rules 2,574
adopted under section 4723.07 of the Revised Code. At the end of 2,575
the period, the board shall reconsider whether the program meets 2,576
the standards and shall grant full approval if it does. If it 2,578
does not, the board may withdraw approval, pursuant to a hearing 2,579
under Chapter 119. of the Revised Code. 2,580
(8) Approve continuing nursing education programs and 2,582
courses under standards established in rules adopted under 2,583
section 4723.07 of the Revised Code; 2,584
(9) Approve peer support programs for nurses under rules 2,586
58
adopted under section 4723.07 of the Revised Code; 2,587
(10) Establish the alternative program for chemically 2,589
dependent nurses in accordance with section 4723.35 of the 2,590
Revised Code;
(11) Establish the practice intervention and improvement 2,592
program in accordance with section 4723.282 of the Revised Code; 2,593
(12) Issue and renew certificates of authority to practice 2,595
nursing as a certified registered nurse anesthetist, clinical 2,597
nurse specialist, certified nurse-midwife, or certified nurse 2,598
practitioner;
(13) Approve under section 4723.46 of the Revised Code 2,601
national certifying organizations for examination and 2,602
certification of certified registered nurse anesthetists, 2,603
clinical nurse specialists, certified nurse-midwives, or 2,604
certified nurse practitioners;
(14) ISSUE AND RENEW CERTIFICATES TO PRESCRIBE IN 2,606
ACCORDANCE WITH SECTIONS 4723.48 AND 4723.484 OF THE REVISED 2,607
CODE;
(15) GRANT APPROVAL TO THE PLANNED CLASSROOM AND CLINICAL 2,609
STUDY REQUIRED BY SECTION 4723.483 OF THE REVISED CODE TO BE 2,610
ELIGIBLE FOR A CERTIFICATE TO PRESCRIBE; 2,611
(16) MAKE AN ANNUAL EDITION OF THE FORMULARY ESTABLISHED 2,614
IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE 2,615
AVAILABLE TO THE PUBLIC EITHER IN PRINTED FORM OR BY ELECTRONIC 2,616
MEANS AND, AS SOON AS POSSIBLE AFTER ANY REVISION OF THE 2,617
FORMULARY BECOMES EFFECTIVE, MAKE THE REVISION AVAILABLE TO THE 2,618
PUBLIC IN PRINTED FORM OR BY ELECTRONIC MEANS; 2,619
(17) Make an annual report to the governor, which shall be 2,621
open for public inspection; 2,622
(15)(18) Maintain and have open for public inspection the 2,624
following records: 2,625
(a) A record of all its meetings and proceedings; 2,627
(b) A file of applicants for and holders of licenses, 2,629
registrations, and certificates granted under this chapter. The 2,630
59
file shall be maintained in the form prescribed by rule of the 2,631
board. 2,632
(c) A list of prelicensure nursing education programs 2,634
approved by the board; 2,635
(d) A list of approved peer support programs for nurses. 2,637
(B) The board may fulfill the requirement of division 2,639
(A)(8) of this section by authorizing persons who meet the 2,640
standards established in rules adopted under division (F) of 2,641
section 4723.07 of the Revised Code to approve continuing nursing 2,642
education programs and courses. Persons so authorized shall 2,643
approve continuing nursing education programs and courses in 2,644
accordance with standards established in rules adopted under 2,645
division (E) of section 4723.07 of the Revised Code. 2,646
Persons seeking authorization to approve continuing nursing 2,648
education programs and courses shall apply to the board and pay 2,649
the appropriate fee established under section 4723.08 of the 2,650
Revised Code. Authorizations to approve continuing nursing 2,651
education programs and courses shall expire at the end of the 2,652
two-year period beginning the date of issuance and may be renewed 2,653
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 2,662
not to exceed the following limits: 2,663
(1) For application for licensure by examination to 2,665
practice nursing as a registered nurse or as a licensed practical 2,666
nurse, fifty dollars; 2,667
(2) For application for licensure by endorsement to 2,669
practice nursing as a registered nurse or as a licensed practical 2,670
nurse, fifty dollars; 2,671
(3) For application for a certificate of authority to 2,673
practice nursing as a certified registered nurse anesthetist, 2,674
clinical nurse specialist, certified nurse-midwife, or certified 2,676
nurse practitioner, one hundred dollars; 2,677
(4) For APPLICATION FOR A CERTIFICATE TO PRESCRIBE, FIFTY 2,679
DOLLARS;
60
(5) FOR verification of a license or certificate to 2,681
another jurisdiction, fifteen dollars; 2,683
(5)(6) For providing a replacement copy of a license or 2,685
certificate, fifteen dollars; 2,686
(6)(7) For biennial renewal of any license, thirty-five 2,688
dollars; 2,689
(7)(8) For biennial renewal of a certificate of authority 2,691
to practice nursing as a certified registered nurse anesthetist, 2,693
clinical nurse specialist, certified nurse-midwife, or certified 2,695
nurse practitioner, one hundred dollars;
(8)(9) FOR RENEWAL OF A CERTIFICATE TO PRESCRIBE, FIFTY 2,698
DOLLARS;
(10) For processing a late application for renewal of any 2,700
license or certificate, fifty dollars; 2,701
(9)(11) For application for authorization to approve 2,703
continuing nursing education programs and courses from an 2,704
applicant accredited by a national accreditation system for 2,705
nursing, five hundred dollars; 2,706
(10)(12) For application for authorization to approve 2,708
continuing nursing education programs and courses from an 2,709
applicant not accredited by a national accreditation system for 2,710
nursing, one thousand dollars; 2,711
(11)(13) For each year for which authorization to approve 2,714
continuing nursing education programs and courses is renewed, one 2,717
hundred fifty dollars;
(12)(14) For written verification of a license or 2,719
certificate, other than verification to another jurisdiction, 2,721
five dollars. The board may contract for services pertaining to 2,722
this verification process and the collection of the fee, and may 2,723
permit the contractor to retain a portion of the fees as 2,724
compensation, before any amounts are deposited into the state 2,725
treasury. 2,726
(B) Each quarter, the board of nursing shall certify to 2,728
the director of budget and management the number of biennial 2,729
61
licenses renewed under this chapter during the preceding quarter 2,730
and the amount equal to that number times five dollars. 2,731
Sec. 4723.151. (A) Medical diagnosis, prescription of 2,740
medical measures, and the practice of medicine or surgery or any 2,742
of its branches by a nurse are prohibited. 2,743
Nothing in (B) DIVISION (A) OF this section prohibits DOES 2,746
NOT PROHIBIT a certified registered nurse anesthetist, clinical 2,747
nurse specialist, certified nurse-midwife, or certified nurse 2,748
practitioner from practicing within the nurse's scope of practice
in accordance with section 4723.43 of the Revised Code. DIVISION 2,749
(A) OF THIS SECTION DOES NOT PROHIBIT A CLINICAL NURSE 2,751
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 2,752
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 2,753
SECTION 4723.48 OF THE REVISED CODE FROM PRESCRIBING DRUGS AND 2,755
THERAPEUTIC DEVICES IN ACCORDANCE WITH SECTION 4723.481 OF THE
REVISED CODE.
(C) NOTWITHSTANDING DIVISION (B) OF THIS SECTION, NOTHING 2,758
IN THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING ANY NURSE TO 2,759
PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN ABORTION, OR 2,760
TO OTHERWISE PERFORM OR INDUCE AN ABORTION. 2,761
Sec. 4723.48 4723.17. (A) The board of nursing may 2,770
authorize a licensed practical nurse to administer to an adult 2,772
intravenous therapy prescribed by a licensed physician; dentist; 2,775
optometrist; podiatrist; or, until January 1, 2010, an advanced 2,776
practice nurse authorized to prescribe under section 4723.56 of
the Revised Code AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO 2,777
PRACTICE IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE 2,779
INDIVIDUAL'S PROFESSIONAL PRACTICE, if all of the following are 2,780
true of the licensed practical nurse: 2,781
(1) The nurse has a current, valid license issued under 2,783
this chapter that includes authorization to administer 2,784
medications.
(2) The nurse has successfully completed a course in 2,786
intravenous administration approved by the board of nursing that 2,787
62
includes both of the following: 2,788
(a) A minimum of forty hours of training that includes all 2,790
of the following: 2,791
(i) The curriculum established by rules adopted by the 2,793
board of nursing and in effect on January 1, 1999; 2,795
(ii) Training in the anatomy and physiology of the 2,797
cardiovascular system, signs and symptoms of local and systemic 2,798
complications in the administration of fluids and antibiotic 2,800
additives, and guidelines for management of these complications; 2,801
(iii) Any other training or instruction the board 2,803
considers appropriate. 2,804
(b) A testing component that includes three venipunctures 2,806
supervised by a physician or registered nurse in a health care 2,807
setting. 2,808
(B) A licensed practical nurse may perform intravenous 2,810
therapy only if authorized by the board of nursing pursuant to 2,812
division (A) of this section and only if it is performed in 2,813
accordance with this section.
A licensed practical nurse authorized to perform 2,815
intravenous therapy may perform an intravenous therapy procedure 2,816
only at the direction of one of the following: 2,817
(1) A licensed physician, dentist, optometrist, or 2,819
podiatrist who, except as provided in division (C)(2) of this 2,820
section, is present and readily available at the facility where 2,821
the intravenous therapy procedure is performed; 2,822
(2) A registered nurse in accordance with division (C) of 2,825
this section.
(C)(1) Except as provided in division (C)(2) of this 2,827
section, when a licensed practical nurse authorized to perform 2,828
intravenous therapy performs an intravenous therapy procedure at 2,829
the direction of a registered nurse, the registered nurse or 2,831
another registered nurse shall be readily available at the site 2,832
where the intravenous therapy is performed, and before the 2,833
licensed practical nurse initiates the intravenous therapy, the 2,834
63
registered nurse shall personally perform an on-site assessment 2,835
of the individual who is to receive the intravenous therapy. 2,836
(2) When a licensed practical nurse authorized to perform 2,838
intravenous therapy performs an intravenous therapy procedure in 2,839
a home as defined in section 3721.10 of the Revised Code, or in 2,840
an intermediate care facility for the mentally retarded as 2,841
defined in section 5111.20 of the Revised Code, at the direction 2,843
of a registered nurse or licensed physician, dentist, 2,844
optometrist, or podiatrist, a registered nurse shall be on the 2,845
premises of the home or facility or accessible by some form of 2,846
telecommunication.
(D) No licensed practical nurse shall perform any of the 2,848
following intravenous therapy procedures: 2,849
(1) Initiating or maintaining any of the following: 2,851
(a) Blood or blood components; 2,853
(b) Solutions for total parenteral nutrition; 2,855
(c) Any cancer therapeutic medication including, but not 2,857
limited to, cancer chemotherapy or an anti-neoplastic agent; 2,858
(d) Solutions administered through any central venous line 2,860
or arterial line or any other line that does not terminate in a 2,862
peripheral vein, except that a licensed practical nurse may 2,863
maintain the solutions specified in division (D)(6) of this 2,864
section that are being administered through a central venous line 2,865
or peripherally inserted central catheter; 2,866
(e) Any investigational or experimental medication. 2,868
(2) Initiating intravenous therapy in any vein other than 2,870
a vein of the hand, forearm, or antecubital fossa; 2,871
(3) Discontinuing a central venous, arterial, or any other 2,873
line that does not terminate in a peripheral vein; 2,874
(4) Initiating or discontinuing a peripherally inserted 2,876
central catheter; 2,877
(5) Mixing, preparing, or reconstructing any medication 2,879
for intravenous therapy, except that a licensed practical nurse 2,880
authorized to perform intravenous therapy may prepare or 2,881
64
reconstitute an antibiotic additive; 2,882
(6) Administering medication via the intravenous route 2,884
including all of the following: 2,885
(a) Adding medication to an intravenous solution or to an 2,887
existing infusion, except that a licensed practical nurse 2,889
authorized to administer intravenous therapy may initiate an 2,890
intravenous infusion containing one or more of the following 2,891
elements:
(i) Dextrose 5%; 2,893
(ii) Normal saline; 2,895
(iii) Lactated ringers; 2,897
(iv) Sodium chloride .45%; 2,899
(v) Sodium chloride 0.2%; 2,901
(vi) Water. 2,903
(b) Initiating or maintaining an intravenous piggyback 2,905
infusion, except that a licensed practical nurse authorized to 2,906
administer intravenous therapy may initiate or maintain an 2,907
intravenous piggyback infusion containing an antibiotic additive; 2,908
(c) Injecting medication via a direct intravenous route, 2,910
except that a licensed practical nurse authorized to administer 2,911
intravenous therapy may inject heparin or normal saline to flush 2,913
an intermittent infusion device or heparin lock including, but 2,914
not limited to, bolus or push.
(7) Aspirating any intravenous line to maintain patency; 2,916
(8) Changing tubing on any line other than one that 2,918
terminates in a peripheral vein including, but not limited to, an 2,919
arterial line or a central venous line; 2,920
(9) Programming or setting any function of a patient 2,922
controlled infusion pump. 2,923
(E) Notwithstanding division (D) of this section, at the 2,925
direction of a licensed physician or a registered nurse, a 2,926
licensed practical nurse authorized to perform intravenous 2,928
therapy may perform the following activities for the purpose of 2,929
performing dialysis;
65
(1) The routine administration and regulation of saline 2,931
solution for the purpose of maintaining an established fluid 2,932
plan;
(2) The administration of a heparin dose intravenously; 2,934
(3) The administration of a heparin dose peripherally via 2,936
a fistula needle; 2,937
(4) The loading and activation of a constant infusion pump 2,939
or the intermittent injection of a dose of medication prescribed 2,940
by a licensed physician for dialysis. 2,941
(F) No person shall employ or direct a licensed practical 2,943
nurse to perform an intravenous therapy procedure without first 2,944
verifying that the licensed practical nurse has been approved by 2,945
the board of nursing to perform intravenous therapy. 2,946
(G) The board of nursing shall maintain a registry of the 2,948
names of licensed practical nurses authorized pursuant to 2,949
division (A) of this section to perform intravenous therapy. 2,950
Sec. 4723.28. As used in this section, "dangerous drug" 2,959
and "prescription" have the same meanings as in section 4729.01 2,961
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 2,963
conducted under Chapter 119. of the Revised Code and by a vote of 2,964
a quorum, may revoke or may refuse to grant a license or 2,965
certificate to a person found by the board to have committed 2,967
fraud in passing the examination or to have committed fraud, 2,968
misrepresentation, or deception in applying for or securing any 2,969
license or certificate issued by the board. 2,971
(B) The board of nursing, pursuant to an adjudication 2,973
conducted under Chapter 119. of the Revised Code and by a vote of 2,974
a quorum, may impose one or more of the following sanctions: 2,975
deny, revoke permanently, suspend, or place restrictions on any 2,976
license or certificate issued by the board; reprimand or 2,978
otherwise discipline a holder of a license or certificate; or 2,979
impose a fine of not more than five hundred dollars per 2,981
violation. The sanctions may be imposed for any of the
66
following: 2,982
(1) Denial, revocation, suspension, or restriction of a 2,984
license to practice nursing, for any reason other than a failure 2,985
to renew, in another state or jurisdiction; or denial, 2,986
revocation, suspension, or restriction of a license to practice a 2,987
health care occupation other than nursing, for any reason other 2,988
than a failure to renew, in Ohio or another state or 2,989
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 2,991
renew a license issued under this chapter, or while a license is 2,992
under suspension; 2,993
(3) Conviction of, a plea of guilty to, or a judicial 2,995
finding of guilt of a misdemeanor committed in the course of 2,996
practice; 2,997
(4) Conviction of, a plea of guilty to, or a judicial 2,999
finding of guilt of any felony or of any crime involving gross 3,000
immorality or moral turpitude; 3,001
(5) Selling, giving away, or administering drugs OR 3,003
THERAPEUTIC DEVICES for other than legal and legitimate 3,004
therapeutic purposes; or conviction of, a plea of guilty to, or a 3,006
judicial finding of guilt of violating any municipal, state, 3,007
county, or federal drug law;
(6) Conviction of, a plea of guilty to, or a judicial 3,009
finding of guilt of an act in another jurisdiction that would 3,010
constitute a felony or a crime of moral turpitude in Ohio; 3,011
(7) Conviction of, a plea of guilty to, or a judicial 3,013
finding of guilt of an act in the course of practice in another 3,014
jurisdiction that would constitute a misdemeanor in Ohio; 3,015
(8) Self-administering or otherwise taking into the body 3,017
any dangerous drug in any way not in accordance with a legal, 3,018
valid prescription; 3,019
(9) Habitual indulgence in the use of controlled 3,021
substances, other habit-forming drugs, or alcohol or other 3,022
chemical substances to an extent that impairs ability to 3,023
67
practice; 3,024
(10) Impairment of the ability to practice according to 3,026
acceptable and prevailing standards of safe nursing care because 3,027
of habitual or excessive use of drugs, alcohol, or other chemical 3,030
substances that impair the ability to practice; 3,031
(11) Impairment of the ability to practice according to 3,033
acceptable and prevailing standards of safe nursing care because 3,034
of a physical or mental disability; 3,035
(12) Assaulting or causing harm to a patient or depriving 3,037
a patient of the means to summon assistance; 3,038
(13) Obtaining or attempting to obtain money or anything 3,040
of value by intentional misrepresentation or material deception 3,041
in the course of practice; 3,042
(14) Adjudication by a probate court that the license 3,044
applicant or license holder is mentally ill or mentally 3,045
incompetent. The board may restore the license upon adjudication 3,046
by a probate court of the person's restoration to competency or 3,047
upon submission to the board of other proof of competency. 3,048
(15) The suspension or termination of employment by the 3,050
department of defense or the veterans administration of the 3,051
United States for any act that violates or would violate this 3,052
chapter; 3,053
(16) Violation of this chapter or any rules adopted under 3,055
it; 3,056
(17) Violation of any restrictions placed on a license by 3,058
the board; 3,059
(18) Failure to use universal blood and body fluid 3,061
precautions established by rules adopted under section 4723.07 of 3,062
the Revised Code; 3,063
(19) Failure to practice in accordance with acceptable and 3,066
prevailing standards of safe nursing care; 3,067
(20) In the case of a registered nurse, engaging in 3,069
activities that exceed the practice of nursing as a registered 3,070
nurse under section 4723.02 of the Revised Code; 3,071
68
(21) In the case of a licensed practical nurse, engaging 3,073
in activities that exceed the practice of nursing as a licensed 3,074
practical nurse under section 4723.02 of the Revised Code; 3,075
(22) Aiding and abetting in the unlicensed practice of 3,077
nursing; 3,078
(23) In the case of a certified registered nurse 3,080
anesthetist, clinical nurse specialist, certified nurse-midwife, 3,082
or certified nurse practitioner, or a registered nurse approved 3,083
as an advanced practice nurse under section 4723.55 of the 3,084
Revised Code, either of the following: 3,085
(a) Waiving the payment of all or any part of a deductible 3,087
or copayment that a patient, pursuant to a health insurance or 3,088
health care policy, contract, or plan that covers such nursing 3,089
services, would otherwise be required to pay if the waiver is 3,090
used as an enticement to a patient or group of patients to 3,091
receive health care services from that provider; 3,092
(b) Advertising that the nurse will waive the payment of 3,094
all or any part of a deductible or copayment that a patient, 3,095
pursuant to a health insurance or health care policy, contract, 3,096
or plan that covers such nursing services, would otherwise be 3,097
required to pay. 3,098
(24) Failure to comply with the terms and conditions of 3,100
participation in the alternative program for chemically dependent 3,102
nurses created by section 4723.35 of the Revised Code; 3,103
(25) Failure to comply with the terms and conditions 3,105
required under the practice intervention and improvement program 3,106
established under section 4723.282 of the Revised Code; 3,107
(26) In the case of a certified registered nurse 3,109
anesthetist, clinical nurse specialist, certified nurse-midwife, 3,111
or certified nurse practitioner: 3,112
(a) Engaging in activities that exceed those permitted for 3,115
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 3,116
(b) Failure to meet the quality assurance standards 3,118
69
established under section 4723.07 of the Revised Code. 3,120
(27) In the case of a clinical nurse specialist, certified 3,123
nurse-midwife, or certified nurse practitioner, failure to 3,124
maintain a standard care arrangement in accordance with section 3,125
4723.431 of the Revised Code or to practice in accordance with 3,126
the standard care arrangement; 3,127
(28) IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED 3,130
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A 3,131
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 3,133
REVISED CODE, FAILURE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 3,134
IN ACCORDANCE WITH SECTION 4723.481 OF THE REVISED CODE; 3,135
(29) PRESCRIBING ANY DRUG OR DEVICE TO PERFORM OR INDUCE 3,138
AN ABORTION, OR OTHERWISE PERFORMING OR INDUCING AN ABORTION; 3,139
(30) FAILURE TO RETURN TO THE BOARD A LICENSE OR 3,141
CERTIFICATE ISSUED UNDER THIS CHAPTER THAT HAS LAPSED OR BEEN 3,142
SUSPENDED OR REVOKED. 3,143
(C) If a criminal action is brought against a license 3,145
holder for an act or crime described in divisions (B)(3) to (7) 3,146
of this section and the action is dismissed by the trial court 3,147
other than on the merits, the board shall hold an adjudication 3,149
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 3,150
basis of the hearing that the license holder committed the act, 3,151
or if the license holder fails to participate in the hearing, the 3,152
board may take action as though the license holder had been 3,153
convicted of the act. 3,154
If the board takes action on the basis of a conviction, 3,156
plea of guilty, or a judicial determination of guilt as described 3,157
in divisions (B)(3) to (7) of this section that is overturned on 3,158
appeal, the license holder may, on exhaustion of the appeal 3,159
process, petition the board for reconsideration of its action. 3,160
On receipt of the petition and supporting court documents, the 3,161
board shall temporarily rescind its action. If the board 3,162
determines that the decision on appeal was a decision on the 3,163
70
merits, it shall permanently rescind its action. If the board 3,164
determines that the decision on appeal was not a decision on the 3,165
merits, it shall hold an adjudicatory hearing to determine 3,166
whether the license holder committed the act on which the 3,167
original conviction, plea, or judicial determination was based. 3,168
If the board determines on the basis of the hearing that the 3,169
license holder committed such act, or if the license holder does 3,170
not request a hearing, the board shall reinstate its action; 3,171
otherwise, the board shall permanently rescind its action. 3,172
Notwithstanding the provision of division (C)(2) of section 3,174
2953.32 of the Revised Code specifying that if records pertaining 3,175
to a criminal case are sealed under that section the proceedings 3,176
in the case shall be deemed not to have occurred, sealing of the 3,177
records of a conviction on which the board has based an action 3,178
under this section shall have no effect on the board's action or 3,179
any sanction imposed by the board under this section. 3,180
(D) In enforcing division (B) of this section, the board 3,182
may compel any individual licensed by this chapter or who has 3,183
applied for licensure to submit to a mental or physical 3,184
examination, or both, as required by the board and at the expense 3,185
of the individual. Failure of any individual to submit to a 3,186
mental or physical examination when directed constitutes an 3,187
admission of the allegations, unless the failure is due to 3,188
circumstances beyond the individual's control, and a default and 3,189
final order may be entered without the taking of testimony or 3,190
presentation of evidence. If the board finds that an individual 3,191
is impaired, the board shall require the individual to submit to 3,192
care, counseling, or treatment approved or designated by the 3,193
board, as a condition for initial, continued, reinstated, or 3,194
renewed licensure to practice. The individual shall be afforded 3,195
an opportunity to demonstrate to the board that the individual 3,196
can resume the individual's occupation in compliance with 3,198
acceptable and prevailing standards under the provisions of the 3,200
individual's license. For the purpose of this section, any 3,202
71
individual who is licensed by this chapter or makes application 3,203
for licensure shall be deemed to have given consent to submit to 3,204
a mental or physical examination when directed to do so in 3,205
writing by the board, and to have waived all objections to the 3,206
admissibility of testimony or examination reports that constitute 3,207
a privileged communication.
(E) The board shall investigate evidence that appears to 3,209
show that any person has violated any provision of this chapter 3,210
or any rule of the board. Any person may report to the board any 3,211
information the person may have that appears to show a violation 3,212
of any provision of this chapter or rule of the board. In the 3,213
absence of bad faith, any person who reports such information or 3,214
who testifies before the board in any adjudication conducted 3,216
under Chapter 119. of the Revised Code shall not be liable for 3,217
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 3,219
investigation is confidential and not subject to discovery in any 3,220
civil action, except that the board may disclose information to 3,221
law enforcement officers and government entities investigating a 3,222
person licensed by the board. No law enforcement officer or 3,223
government entity with knowledge of any information disclosed by 3,224
the board pursuant to this division shall divulge the information 3,225
to any other person or government entity except for the purpose 3,226
of an adjudication by a court or licensing or registration board 3,227
or officer to which the person to whom the information relates is
a party. 3,228
If the investigation requires a review of patient records, 3,230
the investigation and proceeding shall be conducted in such a 3,231
manner as to protect patient confidentiality. 3,232
All hearings and investigations of the board shall be 3,234
considered civil actions for the purposes of section 2305.251 of 3,235
the Revised Code. 3,236
The hearings of the board shall be conducted in accordance 3,238
with Chapter 119. of the Revised Code. The board may appoint a 3,239
72
hearing examiner as provided in section 119.09 to conduct any 3,240
hearing the board is empowered to hold under Chapter 119. of the 3,241
Revised Code. 3,242
In the absence of fraud or bad faith, neither the board nor 3,244
any current or former members, agents, representatives, or 3,245
employees of the board shall be held liable in damages to any 3,246
person as the result of any act, omission, proceeding, conduct, 3,247
or decision related to their official duties undertaken or 3,248
performed pursuant to this chapter. If a current or former 3,249
member, agent, representative, or employee requests the state to 3,250
defend the individual against any claim or action arising out of 3,251
any act, omission, proceeding, conduct, or decision related to 3,253
the individual's official duties, if the request is made in 3,255
writing at a reasonable time before trial, and if the individual 3,256
requesting defense cooperates in good faith in the defense of the 3,257
claim or action, the state shall provide and pay for such defense 3,258
and shall pay any resulting judgment, compromise, or settlement. 3,259
At no time shall the state pay that part of a claim or judgment 3,260
that is for punitive or exemplary damages. 3,261
(F) Any action taken by the board under this section 3,263
resulting in a suspension from practice shall be accompanied by a 3,264
written statement of the conditions under which the person may be 3,265
reinstated to practice. 3,266
(G) No unilateral surrender of a license issued under this 3,268
chapter shall be effective unless accepted by majority vote of 3,269
the board. No application for a license issued under this 3,270
chapter may be withdrawn without a majority vote of the board. 3,271
(H) Notwithstanding division (B)(23) of this section, 3,273
sanctions shall not be imposed against any licensee who waives 3,274
deductibles and copayments: 3,275
(1) In compliance with the health benefit plan that 3,277
expressly allows such a practice. Waiver of the deductibles or 3,278
copayments shall be made only with the full knowledge and consent 3,279
of the plan purchaser, payer, and third-party administrator. The 3,280
73
consent shall be made available to the board upon request. 3,281
(2) For professional services rendered to any other person 3,283
licensed pursuant to this chapter to the extent allowed by this 3,284
chapter and the rules of the board. 3,285
(I) THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER 3,287
THIS CHAPTER SHALL RETURN TO THE BOARD A LICENSE OR CERTIFICATE 3,288
THAT HAS LAPSED OR BEEN SUSPENDED OR REVOKED. 3,289
Sec. 4723.41. (A) Each person who desires to practice 3,298
nursing as a certified nurse-midwife and has not been authorized 3,300
to practice midwifery prior to December 1, 1967, and each person 3,301
who desires to practice nursing as a certified registered nurse 3,302
anesthetist, clinical nurse specialist, or certified nurse 3,303
practitioner shall file with the board of nursing a written 3,304
application for authorization to practice nursing in the desired 3,305
specialty, under oath, on a form prescribed by the board. 3,306
Except as provided in divisions (B), (C), and (D) of this 3,309
section, at the time of making application, the applicant shall 3,310
meet all of the following requirements: 3,311
(1) Be a registered nurse; 3,313
(2) Submit documentation satisfactory to the board that 3,317
the applicant has earned at least a master's GRADUATE degree with 3,318
a major in a nursing specialty or in a related field that 3,319
qualifies the applicant to sit for the certification examination 3,320
of a national certifying organization listed in division (A)(3) 3,321
of this section or approved by the board under section 4723.46 of 3,323
the Revised Code; 3,324
(3) Submit documentation satisfactory to the board of 3,327
having passed the certification examination of one of the 3,328
following:
(a) If the applicant is applying to practice nursing as a 3,330
certified nurse-midwife, the American college of nurse-midwives 3,331
or another national certifying organization approved by the board 3,332
under section 4723.46 of the Revised Code to examine and certify 3,334
nurse-midwives;
74
(b) If the applicant is applying to practice nursing as a 3,336
certified registered nurse anesthetist, the national council on 3,337
certification of nurse anesthetists of the American association 3,339
of nurse anesthetists, the national council on recertification of 3,340
nurse anesthetists of the American association of nurse 3,341
anesthetists, or another national certifying organization 3,342
approved by the board under section 4723.46 of the Revised Code 3,343
to examine and certify registered nurse anesthetists; 3,344
(c) If the applicant is applying to practice nursing as a 3,346
clinical nurse specialist, the American nurses credentialing 3,348
center or another national certifying organization approved by 3,349
the board under section 4723.46 of the Revised Code to examine 3,350
and certify clinical nurse specialists; 3,351
(d) If the applicant is applying to practice nursing as a 3,353
certified nurse practitioner, the American nurses credentialing 3,354
center, the national certification corporation, the national 3,355
board of pediatric nurse practitioners and associates, or another 3,356
national certifying organization approved by the board under 3,357
section 4723.46 of the Revised Code to examine and certify nurse 3,359
practitioners.
(4) Submit an affidavit with the application that states 3,362
all of the following:
(a) That the applicant is the person named in the 3,365
documents submitted under divisions (A)(2) and (3) of this 3,367
section and is the lawful possessor thereof;
(b) The applicant's age, residence, the school at which 3,369
the applicant obtained education in the applicant's nursing 3,372
specialty, and any other facts that the board requires; 3,374
(c) If the applicant is already engaged in the practice of 3,377
nursing as a certified registered nurse anesthetist, clinical 3,378
nurse specialist, certified nurse-midwife, or certified nurse 3,379
practitioner, the period during which and the place where the 3,380
applicant is engaged;
(d) If the applicant is already engaged in the practice of 3,383
75
nursing as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, the names and business addresses 3,384
of the applicant's current collaborating physicians and 3,385
podiatrists. If the applicant is not yet engaged in the practice 3,387
of nursing as a clinical nurse specialist, certified 3,388
nurse-midwife, or certified nurse practitioner, the applicant
shall submit the names and business addresses of the applicant's 3,389
collaborating physicians or podiatrists not later than thirty 3,390
days after first engaging in the practice. The applicant shall 3,391
give written notice to the board of any additions or deletions to 3,392
the affidavit of collaborating physicians or podiatrists not 3,393
later than thirty days after the change takes effect.
(B) On or before December 31, 2000, the board shall issue 3,396
to an applicant a certificate of authority to practice nursing as 3,397
a certified registered nurse anesthetist, certified 3,398
nurse-midwife, or certified nurse practitioner if the applicant
complies with all requirements of this section, other than the 3,400
requirement that the applicant has earned at least a master's 3,401
GRADUATE degree with a major in a nursing specialty or in a 3,403
related field that qualifies the applicant to sit for the 3,404
certification examination of a national certifying organization 3,405
listed in division (A)(3) of this section or approved by the 3,407
board under section 4723.46 of the Revised Code. 3,408
(C) On or before December 31, 2000, the board shall issue 3,411
to an applicant a certificate of authority to practice nursing as 3,412
a clinical nurse specialist if one of the following applies: 3,413
(1) The applicant holds a master's or higher GRADUATE 3,415
degree with a major in a clinical area of nursing from an 3,418
educational institution accredited by a national or regional 3,419
accrediting organization and complies with all requirements of 3,421
this section, other than the requirement of having passed a 3,422
certification examination.
(2) The applicant holds a master's or higher GRADUATE 3,424
degree in nursing or a related field and is certified as a 3,428
76
clinical nurse specialist by the American nurses credentialing 3,429
center or another national certifying organization approved by
the board under section 4723.46 of the Revised Code. 3,430
(D) On or before December 31, 2008, the board shall issue 3,433
to an applicant a certificate of authority to practice nursing as 3,434
a certified nurse practitioner if the applicant has successfully 3,435
completed a nurse practitioner certificate program that receives 3,436
funding under and is employed by a public agency or a private, 3,437
nonprofit entity that receives funding under Title X of the 3,439
"Public Health Service Act," 42 U.S.C. 300 and 300a-1 (1991), and 3,442
complies with all requirements of this section, other than the 3,443
requirement that the applicant has earned at least a master's 3,444
GRADUATE degree with a major in a nursing specialty or a related 3,446
field.
(E) A certified registered nurse anesthetist, clinical 3,449
nurse specialist, certified nurse-midwife, or certified nurse 3,450
practitioner who is practicing as such in another jurisdiction 3,451
may apply for a certificate of authority to practice nursing as a 3,452
certified registered nurse anesthetist, clinical nurse 3,453
specialist, certified nurse-midwife, or certified nurse 3,454
practitioner in this state if the nurse meets the requirements
for a certificate of authority set forth in this section. The 3,455
application shall be submitted to the board in the form 3,457
prescribed by rules of the board and be accompanied by the 3,458
application fee required by section 4723.08 of the Revised Code. 3,460
The application shall include evidence that the applicant meets 3,461
the requirements of this section, holds a license or certificate 3,462
to practice nursing as a certified registered nurse anesthetist, 3,463
clinical nurse specialist, certified nurse-midwife, or certified 3,464
nurse practitioner in good standing in another jurisdiction 3,466
granted after meeting requirements approved by the entity of that 3,467
jurisdiction that licenses nurses, and other information required 3,468
by rules of the board of nursing. 3,469
If the applicant is a certified registered nurse 3,471
77
anesthetist, certified nurse-midwife, or certified nurse 3,472
practitioner who, on or before December 31, 2000, met the 3,474
requirements of this section to practice as such and has 3,475
maintained certification in the applicant's nursing specialty 3,476
with a national certifying organization listed in division (A)(3) 3,478
of section 4723.41 of the Revised Code or approved by the board 3,480
under section 4723.46 of the Revised Code, division (B) of this 3,484
section shall apply. 3,485
If the applicant is a clinical nurse specialist who, on or 3,487
before December 31, 2000, met the requirements of this section to 3,489
practice as such, division (C) of this section shall apply. 3,490
Sec. 4723.42. (A) If the applicant for authorization to 3,499
practice nursing as a certified registered nurse anesthetist, 3,501
clinical nurse specialist, certified nurse-midwife, or certified 3,504
nurse practitioner has met all the requirements of section 3,506
4723.41 of the Revised Code and has paid the fee required by 3,508
section 4723.08 of the Revised Code, the board of nursing shall 3,509
issue its certificate of authority to practice nursing as a 3,511
certified registered nurse anesthetist, clinical nurse 3,512
specialist, certified nurse-midwife, or certified nurse 3,514
practitioner, which shall designate the nursing specialty the 3,516
nurse is authorized to practice. The certificate entitles its 3,517
holder to practice nursing in the specialty designated on the 3,518
certificate.
The board shall issue or deny its certificate not later 3,521
than sixty days after receiving all of the documents required by 3,522
section 4723.41 of the Revised Code. Not later than fifteen days 3,524
after receipt of an application, the board shall provide the 3,525
applicant with written notice, by mail, of any required documents 3,526
that remain to be submitted. 3,527
If an applicant is under investigation for a violation of 3,530
this chapter, the board shall conclude the investigation not 3,531
later than ninety days after receipt of all required documents, 3,532
unless this ninety-day period is extended by written consent of 3,533
78
the applicant, or unless the board determines that a substantial 3,535
question of such a violation exists and the board has notified 3,536
the applicant in writing of the reasons for the continuation of 3,537
the investigation. If the board determines that the applicant 3,538
has not violated this chapter, it shall issue a certificate not 3,539
later than forty-five days after making that determination. 3,542
(B) Authorization to practice nursing as a certified 3,545
registered nurse anesthetist, clinical nurse specialist, 3,547
certified nurse-midwife, or certified nurse practitioner shall be 3,549
renewed biennially according to rules and a schedule adopted by 3,551
the board. Before a date specified by the board, the board shall 3,553
mail an application for renewal of a certificate of authority to 3,554
each certificate holder at the last known address of the holder. 3,557
Failure of the holder to receive an application for renewal from 3,558
the board does not excuse the holder from the requirements of 3,559
section 4723.44 of the Revised Code. Not later than the date 3,560
specified by the board, the holder shall complete the renewal 3,562
form and return it to the board with all of the following: 3,563
(1) The renewal fee required by section 4723.08 of the 3,565
Revised Code; 3,566
(2) Except as provided in division (C) of this section, 3,569
documentation satisfactory to the board that the holder has 3,570
maintained certification in the nursing specialty with a national 3,571
certifying organization listed in division (A)(3) of section 3,573
4723.41 of the Revised Code or approved by the board under 3,574
section 4723.46 of the Revised Code; 3,575
(3) A list of the names and business addresses of the 3,577
holder's current collaborating physicians and podiatrists, if the 3,578
holder is a clinical nurse specialist, certified nurse-midwife, 3,579
or certified nurse practitioner;
(4) If the holder's certificate was issued under division 3,582
(C) of section 4723.41 of the Revised Code, evidence that the 3,583
holder has completed continuing education for a clinical nurse 3,584
specialist as required by rule of the board; 3,585
79
(5) If the holder's certificate was issued under division 3,588
(D) of section 4723.41 of the Revised Code, verification of 3,589
continued employment by a public agency or a private, nonprofit 3,590
entity that receives funding under Title X of the "Public Health 3,592
Service Act," 42 U.S.C. 300 and 300a-1 (1991). 3,594
On receipt of the renewal application, fees, and documents, 3,597
the board shall verify that the applicant holds a current license 3,599
to practice nursing as a registered nurse in this state, and, if 3,601
it so verifies, shall renew the certificate. If an applicant 3,602
submits the completed renewal application after the date 3,603
specified in the board's schedule, but before the expiration of 3,604
the certificate, the board shall grant a renewal when the late 3,605
renewal fee required by section 4723.08 of the Revised Code is 3,606
paid.
An applicant for reinstatement of an expired certificate 3,609
shall submit the renewal fee and the late renewal fee required by 3,612
section 4723.08 of the Revised Code. Any holder of a certificate 3,613
who desires inactive status shall give the board written notice 3,614
to that effect.
(C) The board shall renew a certificate of authority to 3,617
practice nursing as a clinical nurse specialist issued pursuant 3,618
to division (C) of section 4723.41 of the Revised Code, if the 3,620
certificate holder complies with all renewal requirements of this 3,621
section other than the requirement of having maintained 3,622
certification in the holder's nursing specialty. 3,623
Sec. 4723.43. A certified registered nurse anesthetist, 3,633
clinical nurse specialist, certified nurse-midwife, or certified 3,634
nurse practitioner may provide to individuals and groups nursing 3,636
care that requires knowledge and skill obtained from advanced 3,637
formal education and clinical experience.
(A) A nurse authorized to practice as a certified 3,640
nurse-midwife, in collaboration with ONE OR MORE physicians, may 3,641
provide the management of preventive services and those primary 3,642
care services necessary to provide health care to women 3,643
80
antepartally, intrapartally, postpartally, and gynecologically, 3,644
consistent with the nurse's education and certification, and in 3,645
accordance with rules adopted by the board.
No certified nurse-midwife may perform version, deliver 3,648
breech or face presentation, use forceps, do any obstetric 3,649
operation, or treat any other abnormal condition, except in 3,650
emergencies. Division (A) of this section does not prohibit a 3,652
certified nurse-midwife from performing episiotomies or normal 3,653
vaginal deliveries, or repairing vaginal tears. A CERTIFIED 3,654
NURSE-MIDWIFE WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 3,656
SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION WITH 3,658
ONE OR MORE PHYSICIANS, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 3,659
IN ACCORDANCE WITH SECTION 4723.481 OF THE REVISED CODE. 3,660
(B) A nurse authorized to practice as a certified 3,663
registered nurse anesthetist, with the supervision and in the 3,664
immediate presence of a physician, podiatrist, or dentist, may 3,665
administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision 3,666
preanesthetic preparation and evaluation, postanesthesia care, 3,667
and clinical support functions, consistent with the nurse's 3,669
education and certification, and in accordance with rules adopted 3,670
by the board. A CERTIFIED REGISTERED NURSE ANESTHETIST IS NOT 3,672
REQUIRED TO OBTAIN A CERTIFICATE TO PRESCRIBE IN ORDER TO PROVIDE 3,673
THE ANESTHESIA CARE DESCRIBED IN THIS DIVISION. 3,674
THE PHYSICIAN, PODIATRIST, OR DENTIST SUPERVISING A 3,676
CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE ACTIVELY ENGAGED 3,678
IN PRACTICE IN THIS STATE. When a certified registered nurse 3,680
anesthetist is supervised by a podiatrist, the nurse's scope of 3,681
practice is limited to the anesthesia procedures that the 3,682
podiatrist has the authority under section 4731.51 of the Revised 3,683
Code to perform. A certified registered nurse anesthetist may 3,684
not administer general anesthesia under the supervision of a 3,685
podiatrist in a podiatrist's office. When a certified registered 3,686
nurse anesthetist is supervised by a dentist, the nurse's scope 3,688
81
of practice is limited to the anesthesia procedures that the
dentist has the authority under Chapter 4715. of the Revised Code 3,690
to perform.
(C) A nurse authorized to practice as a certified nurse 3,692
practitioner, in collaboration with ONE OR MORE physicians or 3,693
podiatrists, may provide preventive and primary care services and 3,695
evaluate and promote patient wellness within the nurse's nursing 3,696
specialty, consistent with the nurse's education and 3,697
certification, and in accordance with rules adopted by the board. 3,698
When A CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO 3,699
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE MAY, 3,702
IN COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS, 3,703
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE WITH 3,704
SECTION 4723.481 OF THE REVISED CODE.
WHEN a certified nurse practitioner is collaborating with a 3,707
podiatrist, the nurse's scope of practice is limited to the 3,708
procedures that the podiatrist has the authority under section 3,709
4731.51 of the Revised Code to perform. 3,710
(D) A nurse authorized to practice as a clinical nurse 3,713
specialist, in collaboration with ONE OR MORE physicians or 3,714
podiatrists, may provide and manage the care of individuals and
groups with complex health problems and provide health care 3,715
services that promote, improve, and manage health care within the 3,717
nurse's nursing specialty, consistent with the nurse's education 3,718
and in accordance with rules adopted by the board. When A 3,719
CLINICAL NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO PRESCRIBE 3,720
ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN 3,722
COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS, 3,723
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE WITH 3,724
SECTION 4731.481 OF THE REVISED CODE.
WHEN a clinical nurse specialist is collaborating with a 3,726
podiatrist, the nurse's scope of practice is limited to the 3,727
procedures that the podiatrist has the authority under section 3,728
4731.51 of the Revised Code to perform. 3,729
82
Sec. 4723.431. (A) Except as provided in division (C)(1) 3,739
of this section, a clinical nurse specialist, certified 3,740
nurse-midwife, or certified nurse practitioner may practice only 3,741
in accordance with a standard care arrangement entered into with
one or more collaborating physicians or podiatrists whose 3,742
practice EACH PHYSICIAN OR PODIATRIST WITH WHOM THE NURSE 3,744
COLLABORATES. A COPY OF THE STANDARD CARE ARRANGEMENT SHALL BE 3,745
RETAINED ON FILE AT EACH SITE WHERE THE NURSE PRACTICES. PRIOR 3,746
APPROVAL OF THE STANDARD CARE ARRANGEMENT BY THE BOARD OF NURSING 3,747
IS NOT REQUIRED, BUT THE BOARD MAY PERIODICALLY REVIEW IT FOR 3,748
COMPLIANCE WITH THIS SECTION. 3,749
A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR 3,751
CERTIFIED NURSE PRACTITIONER MAY ENTER INTO A STANDARD CARE 3,752
ARRANGEMENT WITH ONE OR MORE COLLABORATING PHYSICIANS OR 3,753
PODIATRISTS. EACH PHYSICIAN OR PODIATRIST MUST BE ACTIVELY 3,754
ENGAGED IN DIRECT CLINICAL PRACTICE IN THIS STATE AND PRACTICING 3,755
IN A SPECIALTY THAT is the same as or similar to the nurse's 3,757
nursing specialty. The IF A COLLABORATING PHYSICIAN OR 3,758
PODIATRIST ENTERS INTO STANDARD CARE ARRANGEMENTS WITH MORE THAN 3,759
THREE NURSES WHO HOLD CERTIFICATES TO PRESCRIBE ISSUED UNDER 3,760
SECTION 4723.48 OF THE REVISED CODE, THE PHYSICIAN OR PODIATRIST 3,762
SHALL NOT COLLABORATE AT THE SAME TIME WITH MORE THAN THREE OF 3,763
THE NURSES IN THE PRESCRIBING COMPONENT OF THEIR PRACTICES. 3,764
(B) A standard care arrangement shall be in writing and, 3,767
EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, SHALL 3,768
contain all of the following:
(1) Criteria for referral of a patient by the clinical 3,770
nurse specialist, certified nurse-midwife, or certified nurse 3,771
practitioner to a collaborating physician or podiatrist; 3,772
(2) A process for the clinical nurse specialist, certified 3,774
nurse-midwife, or certified nurse practitioner to obtain a 3,775
consultation with the A COLLABORATING physician or podiatrist; 3,776
(3) A plan for coverage in instances of emergency or 3,778
planned absences of either the clinical nurse specialist, 3,779
83
certified nurse-midwife, or certified nurse practitioner or the A 3,780
collaborating physician or podiatrist that provides the means 3,782
whereby a physician or podiatrist is available for emergency
care; 3,783
(4) The process for resolution of disagreements regarding 3,785
matters of patient management between the clinical nurse 3,786
specialist, certified nurse-midwife, or certified nurse 3,787
practitioner and the A collaborating physician or podiatrist; 3,789
(5) A procedure for a regular review of the referrals by 3,791
the clinical nurse specialist, certified nurse-midwife, or 3,792
certified nurse practitioner to other health care professionals 3,793
and the care outcomes for a random sample of all patients seen by 3,794
the nurse;
(6) If the clinical nurse specialist or certified nurse 3,797
practitioner regularly provides services to infants, a policy for 3,798
care of infants up to age one and recommendations for
collaborating physician visits for children from birth to age 3,799
three;
(7) Any other criteria required by rule of the board 3,801
adopted pursuant to section 4723.07 OR 4723.50 of the Revised 3,802
Code. 3,803
(B) The standard care arrangement shall be retained on 3,806
file at the site where the clinical nurse specialist, certified 3,807
nurse-midwife, or certified nurse practitioner practices by the 3,808
nurse and the collaborating physician or podiatrist. Prior 3,809
approval of the standard care arrangement by the board of nursing 3,810
is not required, but the board may periodically review it for 3,811
compliance with this section.
(C)(1) A clinical nurse specialist WHO DOES NOT HOLD A 3,813
CERTIFICATE TO PRESCRIBE AND whose nursing specialty is mental 3,816
health or psychiatric mental health, as determined by the board, 3,817
is not required to enter into a standard care arrangement with a 3,818
collaborating physician, but shall practice in collaboration with 3,820
ONE OR MORE physicians.
84
(2) IF A CLINICAL NURSE SPECIALIST PRACTICING IN EITHER OF 3,823
THE SPECIALTIES SPECIFIED IN DIVISION (C)(1) OF THIS SECTION 3,824
HOLDS A CERTIFICATE TO PRESCRIBE, THE NURSE SHALL ENTER INTO A 3,826
STANDARD CARE ARRANGEMENT WITH ONE OR MORE PHYSICIANS. THE
STANDARD CARE ARRANGEMENT MUST MEET THE REQUIREMENTS OF DIVISION 3,827
(B) OF THIS SECTION, BUT ONLY TO THE EXTENT NECESSARY TO ADDRESS 3,828
THE PRESCRIBING COMPONENT OF THE NURSE'S PRACTICE. 3,829
(D) Nothing in this section prohibits a hospital from 3,831
hiring a clinical nurse specialist, certified nurse-midwife, or 3,832
certified nurse practitioner as an employee and negotiating 3,833
standard care arrangements on behalf of the employee as necessary 3,834
to meet the requirements of this section. A standard care 3,835
arrangement between the hospital's employee and the employee's
collaborating physician is subject to approval by the medical 3,836
staff and governing body of the hospital prior to implementation 3,837
of the arrangement at the hospital. 3,838
Sec. 4723.432. (A) A CLINICAL NURSE SPECIALIST, CERTIFIED 3,840
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER SHALL COOPERATE 3,841
WITH THE STATE MEDICAL BOARD IN ANY INVESTIGATION THE BOARD 3,843
CONDUCTS WITH RESPECT TO A PHYSICIAN OR PODIATRIST WHO 3,844
COLLABORATES WITH THE NURSE. THE NURSE SHALL COOPERATE WITH THE 3,846
BOARD IN ANY INVESTIGATION THE BOARD CONDUCTS WITH RESPECT TO THE 3,847
UNAUTHORIZED PRACTICE OF MEDICINE BY THE NURSE.
(B) A CERTIFIED REGISTERED NURSE ANESTHETIST SHALL 3,849
COOPERATE WITH THE STATE MEDICAL BOARD OR STATE DENTAL BOARD IN 3,850
ANY INVESTIGATION EITHER BOARD CONDUCTS WITH RESPECT TO A 3,852
PHYSICIAN, PODIATRIST, OR DENTIST WHO PERMITS THE NURSE TO
PRACTICE WITH THE SUPERVISION OF THAT PHYSICIAN, PODIATRIST, OR 3,854
DENTIST. THE NURSE SHALL COOPERATE WITH EITHER BOARD IN ANY 3,856
INVESTIGATION IT CONDUCTS WITH RESPECT TO THE UNAUTHORIZED 3,857
PRACTICE OF MEDICINE OR DENTISTRY BY THE NURSE.
Sec. 4723.44. (A) No person shall do any of the following 3,866
unless the person holds a current, valid certificate of authority 3,869
to practice nursing as a certified registered nurse anesthetist, 3,870
85
clinical nurse specialist, certified nurse-midwife, or certified 3,871
nurse practitioner issued by the board of nursing under this 3,873
chapter:
(1) Engage in the practice of nursing as a certified 3,875
registered nurse anesthetist, clinical nurse specialist, 3,876
certified nurse-midwife, or certified nurse practitioner for a 3,877
fee, salary, or other consideration, or as a volunteer; 3,879
(2) Hold herself or himself out REPRESENT THE PERSON as 3,881
being a certified registered nurse anesthetist, clinical nurse 3,884
specialist, certified nurse-midwife, or certified nurse 3,885
practitioner;
(3) Use any title or initials implying that the person is 3,887
a certified registered nurse anesthetist, clinical nurse 3,888
specialist, certified nurse-midwife, or certified nurse 3,889
practitioner.
(B) No person who is not certified by the national council 3,892
on certification of nurse anesthetists of the American 3,893
association of nurse anesthetists, the national council on 3,894
recertification of nurse anesthetists of the American association 3,895
of nurse anesthetists, or another national certifying 3,896
organization approved by the board under section 4723.46 of the 3,897
Revised Code shall use the title "certified registered nurse 3,899
anesthetist" or the initials "C.R.N.A.," or any other title or 3,901
initial implying that the person has been certified by the 3,902
council or organization. 3,903
(C) No certified registered nurse anesthetist, clinical 3,906
nurse specialist, certified nurse-midwife, or certified nurse
practitioner shall do any of the following: 3,908
(1) Engage, for a fee, salary, or other consideration, or 3,911
as a volunteer, in the practice of a nursing specialty other than 3,912
the specialty designated on the nurse's current, valid
certificate of authority issued by the board under this chapter; 3,913
(2) Hold herself or himself out REPRESENT THE PERSON as 3,915
being authorized to practice any nursing specialty other than the 3,918
86
specialty designated on the current, valid certificate; 3,919
(3) Use the title "certified registered nurse anesthetist" 3,922
or the initials "N.A." or "C.R.N.A.," the title "clinical nurse
specialist" or the initials "C.N.S.," the title "certified 3,924
nurse-midwife" or the initials "C.N.M.," the title "certified 3,925
nurse practitioner" or the initials "C.N.P.," or any other title 3,927
or initials implying that the nurse is authorized to practice any 3,928
nursing specialty other than the specialty designated on the 3,929
nurse's current, valid certificate; 3,930
(4) Enter into a standard care arrangement with a 3,932
physician or podiatrist whose practice is not the same AS or 3,933
similar to the nurse's nursing specialty; 3,934
(5) PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE 3,936
NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED 3,937
UNDER SECTION 4723.48 OF THE REVISED CODE; 3,940
(6) PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNDER A 3,943
CERTIFICATE TO PRESCRIBE IN A MANNER THAT DOES NOT COMPLY WITH 3,944
SECTION 4723.481 OF THE REVISED CODE; 3,945
(7) PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN 3,947
ABORTION, OR OTHERWISE PERFORM OR INDUCE AN ABORTION. 3,948
(D) No person shall knowingly employ a person to engage in 3,951
the practice of nursing as a certified registered nurse 3,952
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner unless the person so employed 3,953
holds a current, valid certificate of authority to engage in that 3,954
nursing specialty issued by the board under this chapter. 3,955
(E) A certificate certified by the executive director of 3,958
the board, under the official seal of the board, to the effect 3,959
that it appears from the records that no certificate of authority 3,960
to practice nursing as a certified registered nurse anesthetist, 3,962
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner has been issued to any person specified 3,964
therein, or that a certificate, if issued, has been revoked or 3,965
suspended, shall be received as prima-facie evidence of the 3,966
87
record in any court or before any officer of the state. 3,967
Sec. 4723.47. (A) If a certified registered nurse 3,977
anesthetist's, clinical nurse specialist's, certified 3,978
nurse-midwife's, or certified nurse practitioner's license to 3,979
practice nursing as a registered nurse expires for failure to 3,980
renew under section 4723.24 of the Revised Code, the nurse's 3,981
certificate of authority to practice nursing as a certified 3,982
registered nurse anesthetist, clinical nurse specialist, 3,983
certified nurse-midwife, or certified nurse practitioner is 3,985
automatically suspended LAPSED until the license is reinstated. 3,986
If the license is revoked under section 4723.28 or 4723.281 of 3,987
the Revised Code, the nurse's certificate of authority is 3,988
automatically revoked. If the license is suspended under either 3,989
section, the nurse's certificate of authority is automatically 3,990
suspended while the license remains suspended. 3,991
(B) IF A CLINICAL NURSE SPECIALIST, CERTIFIED 3,994
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER HOLDS A 3,995
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 3,996
REVISED CODE AND THE NURSE'S CERTIFICATE OF AUTHORITY TO PRACTICE 3,997
AS A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR 3,999
CERTIFIED NURSE PRACTITIONER EXPIRES FOR FAILURE TO RENEW UNDER 4,000
SECTION 4723.41 OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO 4,003
PRESCRIBE IS LAPSED UNTIL THE CERTIFICATE OF AUTHORITY IS 4,004
REINSTATED. IF THE CERTIFICATE OF AUTHORITY BECOMES INACTIVE IN 4,005
ACCORDANCE WITH SECTION 4723.42 OF THE REVISED CODE, THE NURSE'S 4,008
CERTIFICATE TO PRESCRIBE IS LAPSED UNTIL THE CERTIFICATE OF 4,010
AUTHORITY BECOMES ACTIVE. IF THE CERTIFICATE OF AUTHORITY IS 4,012
REVOKED UNDER SECTION 4723.28 OR 4723.281 OF THE REVISED CODE, 4,014
THE NURSE'S CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY REVOKED. 4,015
IF THE CERTIFICATE OF AUTHORITY IS SUSPENDED UNDER EITHER 4,016
SECTION, THE NURSE'S CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY 4,017
SUSPENDED WHILE THE CERTIFICATE OF AUTHORITY REMAINS SUSPENDED. 4,018
IF A RESTRICTION IS PLACED ON THE CERTIFICATE OF AUTHORITY UNDER 4,020
SECTION 4723.28 OF THE REVISED CODE, THE SAME RESTRICTION IS 4,022
88
PLACED ON THE NURSE'S CERTIFICATE TO PRESCRIBE WHILE THE 4,023
CERTIFICATE OF AUTHORITY REMAINS RESTRICTED. 4,024
Sec. 4723.48. (A) A CLINICAL NURSE SPECIALIST, CERTIFIED 4,026
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER SEEKING AUTHORITY 4,027
TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES SHALL FILE WITH THE 4,029
BOARD OF NURSING A WRITTEN APPLICATION FOR A CERTIFICATE TO 4,030
PRESCRIBE. THE BOARD OF NURSING SHALL ISSUE A CERTIFICATE TO 4,031
PRESCRIBE TO EACH APPLICANT WHO MEETS THE REQUIREMENTS SPECIFIED 4,032
IN SECTION 4723.482 OR 4723.484 OF THE REVISED CODE. 4,033
EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE 4,035
INITIAL CERTIFICATE TO PRESCRIBE THAT THE BOARD ISSUES TO AN 4,037
APPLICANT SHALL BE ISSUED AS AN EXTERNSHIP CERTIFICATE. UNDER AN 4,038
EXTERNSHIP CERTIFICATE, THE NURSE MAY OBTAIN EXPERIENCE IN 4,040
PRESCRIBING DRUGS AND THERAPEUTIC DEVICES BY PARTICIPATING IN AN 4,041
EXTERNSHIP THAT EVALUATES THE NURSE'S COMPETENCE, KNOWLEDGE, AND 4,042
SKILL IN PHARMACOKINETIC PRINCIPLES AND THEIR CLINICAL 4,043
APPLICATION TO THE SPECIALTY BEING PRACTICED. DURING THE 4,044
EXTERNSHIP, THE NURSE MAY PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 4,045
ONLY WHEN ONE OR MORE PHYSICIANS ARE PROVIDING SUPERVISION IN 4,046
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.50 OF THE 4,047
REVISED CODE.
AFTER COMPLETING THE EXTERNSHIP, THE HOLDER OF AN 4,050
EXTERNSHIP CERTIFICATE MAY APPLY FOR A NEW CERTIFICATE TO 4,052
PRESCRIBE. ON RECEIPT OF THE NEW CERTIFICATE, THE NURSE MAY
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN COLLABORATION WITH ONE 4,053
OR MORE PHYSICIANS OR PODIATRISTS. 4,054
(B) IN THE CASE OF AN ADVANCED PRACTICE NURSE WHO ON THE 4,057
EFFECTIVE DATE OF THIS SECTION IS APPROVED UNDER SECTION 4723.56 4,058
OF THE REVISED CODE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, 4,060
THE INITIAL CERTIFICATE TO PRESCRIBE THAT THE BOARD ISSUES TO THE 4,061
NURSE UNDER THIS SECTION SHALL NOT BE AN EXTERNSHIP CERTIFICATE. 4,062
THE NURSE SHALL BE ISSUED A CERTIFICATE TO PRESCRIBE THAT PERMITS 4,063
THE NURSE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN 4,064
COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS. 4,065
89
Sec. 4723.481. UNDER A CERTIFICATE TO PRESCRIBE ISSUED 4,067
UNDER SECTION 4723.48 OF THE REVISED CODE, A CLINICAL NURSE 4,068
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 4,070
PRACTITIONER IS SUBJECT TO ALL OF THE FOLLOWING: 4,071
(A) THE NURSE SHALL NOT PRESCRIBE ANY DRUG OR THERAPEUTIC 4,073
DEVICE THAT IS NOT INCLUDED IN THE TYPES OF DRUGS AND DEVICES 4,075
LISTED ON THE FORMULARY ESTABLISHED IN RULES ADOPTED UNDER 4,077
SECTION 4723.50 OF THE REVISED CODE.
(B) THE NURSE'S PRESCRIPTIVE AUTHORITY SHALL NOT EXCEED 4,079
THE PRESCRIPTIVE AUTHORITY OF THE COLLABORATING PHYSICIAN OR 4,080
PODIATRIST.
(C) THE NURSE MAY PRESCRIBE A SCHEDULE II CONTROLLED 4,082
SUBSTANCE AS SPECIFIED IN DIVISION (A)(2) OF SECTION 3719.06 OF 4,084
THE REVISED CODE, BUT SHALL NOT PRESCRIBE A SCHEDULE II 4,086
CONTROLLED SUBSTANCE IN COLLABORATION WITH A PODIATRIST. 4,087
(D) THE NURSE MAY PERSONALLY FURNISH TO A PATIENT A SAMPLE 4,089
OF ANY DRUG OR THERAPEUTIC DEVICE INCLUDED IN THE TYPES OF DRUGS 4,090
AND DEVICES LISTED ON THE FORMULARY, SUBJECT TO ALL OF THE 4,092
FOLLOWING:
(1) THE AMOUNT OF THE SAMPLE FURNISHED SHALL NOT EXCEED A 4,094
SEVENTY-TWO-HOUR SUPPLY, EXCEPT WHEN THE MINIMUM AVAILABLE 4,095
QUANTITY OF THE SAMPLE IS PACKAGED IN AN AMOUNT THAT IS GREATER 4,097
THAN A SEVENTY-TWO-HOUR SUPPLY, IN WHICH CASE THE NURSE MAY 4,098
FURNISH THE SAMPLE IN THE PACKAGED AMOUNT.
(2) NO CHARGE MAY BE IMPOSED FOR THE SAMPLE OR FOR 4,100
FURNISHING IT. 4,101
(3) SAMPLES OF CONTROLLED SUBSTANCES MAY NOT BE PERSONALLY 4,103
FURNISHED. 4,104
(E) THE NURSE MAY PERSONALLY FURNISH TO A PATIENT A 4,106
COMPLETE OR PARTIAL SUPPLY OF A DRUG OR THERAPEUTIC DEVICE 4,108
INCLUDED IN THE TYPES OF DRUGS AND DEVICES LISTED ON THE 4,110
FORMULARY, SUBJECT TO ALL OF THE FOLLOWING:
(1) THE NURSE SHALL PERSONALLY FURNISH ONLY ANTIBIOTICS, 4,112
ANTIFUNGALS, SCABICIDES, CONTRACEPTIVES, AND PRENATAL VITAMINS. 4,113
90
(2) THE NURSE SHALL NOT FURNISH THE DRUGS AND DEVICES IN 4,115
LOCATIONS OTHER THAN A HEALTH DEPARTMENT OPERATED BY THE BOARD OF 4,116
HEALTH OF A CITY OR GENERAL HEALTH DISTRICT OR THE AUTHORITY 4,117
HAVING THE DUTIES OF A BOARD OF HEALTH UNDER SECTION 3709.05 OF 4,118
THE REVISED CODE, A FEDERALLY FUNDED COMPREHENSIVE PRIMARY CARE 4,120
CLINIC, OR A NONPROFIT HEALTH CARE CLINIC OR PROGRAM. 4,121
(3) THE NURSE SHALL COMPLY WITH ALL SAFETY STANDARDS FOR 4,123
PERSONALLY FURNISHING SUPPLIES OF DRUGS AND DEVICES, AS 4,124
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED 4,125
CODE.
Sec. 4723.482. (A) AN APPLICANT SHALL INCLUDE WITH THE 4,127
APPLICATION SUBMITTED UNDER SECTION 4723.48 OF THE REVISED CODE 4,130
ALL OF THE FOLLOWING:
(1) SUBJECT TO SECTION 4723.483 OF THE REVISED CODE, 4,132
EVIDENCE OF HOLDING A CURRENT, VALID CERTIFICATE OF AUTHORITY 4,134
ISSUED UNDER SECTION 4723.41 OF THE REVISED CODE TO PRACTICE AS A 4,135
CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED 4,137
NURSE PRACTITIONER;
(2) EXCEPT FOR AN ADVANCED PRACTICE NURSE WHO ON THE 4,140
EFFECTIVE DATE OF THIS SECTION IS APPROVED UNDER SECTION 4723.56 4,141
OF THE REVISED CODE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, 4,142
EVIDENCE OF SUCCESSFULLY COMPLETING THE INSTRUCTION IN ADVANCED 4,144
PHARMACOLOGY AND RELATED TOPICS SPECIFIED IN DIVISION (B) OF THIS 4,145
SECTION;
(3) THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED 4,148
CODE FOR A CERTIFICATE TO PRESCRIBE; 4,149
(4) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 4,151
TO RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE. 4,152
(B) ALL OF THE FOLLOWING APPLY TO THE INSTRUCTION REQUIRED 4,154
UNDER DIVISION (A)(2) OF THIS SECTION: 4,155
(1) THE INSTRUCTION MUST BE OBTAINED NOT LONGER THAN THREE 4,157
YEARS BEFORE THE APPLICATION FOR THE CERTIFICATE TO PRESCRIBE IS 4,158
FILED.
(2) THE INSTRUCTION MUST BE OBTAINED THROUGH A COURSE OF 4,160
91
STUDY CONSISTING OF PLANNED CLASSROOM AND CLINICAL STUDY THAT IS 4,161
APPROVED BY THE BOARD OF NURSING IN ACCORDANCE WITH STANDARDS 4,162
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED 4,163
CODE.
(3) THE CONTENT OF THE INSTRUCTION MUST BE SPECIFIC TO THE 4,165
APPLICANT'S NURSING SPECIALTY AND INCLUDE ALL OF THE FOLLOWING: 4,166
(a) A MINIMUM OF THIRTY CONTACT HOURS OF TRAINING IN 4,168
ADVANCED PHARMACOLOGY THAT INCLUDES PHARMACOKINETIC PRINCIPLES 4,169
AND CLINICAL APPLICATION AND THE USE OF DRUGS AND THERAPEUTIC 4,171
DEVICES IN THE PREVENTION OF ILLNESS AND MAINTENANCE OF HEALTH; 4,172
(b) TRAINING IN THE FISCAL AND ETHICAL IMPLICATIONS OF 4,174
PRESCRIBING DRUGS AND THERAPEUTIC DEVICES; 4,175
(c) TRAINING IN THE STATE AND FEDERAL LAWS THAT APPLY TO 4,177
THE AUTHORITY TO PRESCRIBE; 4,178
(d) ANY ADDITIONAL TRAINING REQUIRED PURSUANT TO RULES 4,180
ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE. 4,182
Sec. 4723.483. IN THE CASE OF AN APPLICANT FOR AN INITIAL 4,184
CERTIFICATE TO PRESCRIBE WHO RECEIVED A CERTIFICATE OF AUTHORITY 4,185
TO PRACTICE AS A CERTIFIED NURSE-MIDWIFE OR CERTIFIED NURSE 4,186
PRACTITIONER BY MEETING THE REQUIREMENTS SPECIFIED IN DIVISION 4,187
(B) OR (D) OF SECTION 4723.41 OF THE REVISED CODE, THE BOARD OF 4,189
NURSING SHALL NOT ISSUE A CERTIFICATE TO PRESCRIBE TO THE NURSE 4,190
UNLESS BOTH OF THE FOLLOWING APPLY: 4,192
(A) THE APPLICANT SUBMITS AN APPLICATION FOR THE 4,194
CERTIFICATE TO PRESCRIBE NOT LATER THAN ONE YEAR AFTER THE 4,196
EFFECTIVE DATE OF THE INITIAL RULES ADOPTED UNDER SECTION 4723.50 4,198
OF THE REVISED CODE.
(B) THE APPLICANT SUBMITS EVIDENCE OF HAVING OBTAINED NOT 4,200
LESS THAN TEN YEARS OF CLINICAL EXPERIENCE IN THE PRACTICE OF A 4,201
NURSING SPECIALTY, THREE YEARS OF WHICH WERE OBTAINED IN THE 4,202
FIVE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE APPLICATION 4,204
IS SUBMITTED.
Sec. 4723.484. (A) A CERTIFICATE TO PRESCRIBE ISSUED 4,206
UNDER SECTION 4723.48 OF THE REVISED CODE AS AN EXTERNSHIP 4,207
92
CERTIFICATE IS VALID FOR NOT MORE THAN ONE YEAR, UNLESS EARLIER 4,209
SUSPENDED OR REVOKED BY THE BOARD OF NURSING. THE CERTIFICATE 4,211
MAY BE EXTENDED FOR AN ADDITIONAL YEAR IF THE HOLDER SUBMITS TO 4,213
THE BOARD EVIDENCE OF CONTINUED PARTICIPATION IN AN EXTERNSHIP. 4,214
IF AN EXTERNSHIP IS TERMINATED FOR ANY REASON, THE NURSE SHALL 4,215
NOTIFY THE BOARD.
(B) TO BE ELIGIBLE FOR A CERTIFICATE TO PRESCRIBE AFTER 4,217
RECEIVING AN EXTERNSHIP CERTIFICATE, AN APPLICANT SHALL INCLUDE 4,218
WITH THE APPLICATION SUBMITTED UNDER SECTION 4723.48 OF THE 4,220
REVISED CODE ALL OF THE FOLLOWING: 4,221
(1) A STATEMENT FROM A SUPERVISING PHYSICIAN ATTESTING TO 4,223
THE APPLICANT'S SUCCESSFUL COMPLETION OF THE EXTERNSHIP; 4,224
(2) THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED 4,227
CODE FOR A CERTIFICATE TO PRESCRIBE; 4,228
(3) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 4,230
TO RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE. 4,231
Sec. 4723.485. (A) A CERTIFICATE TO PRESCRIBE ISSUED 4,233
UNDER SECTION 4723.48 OF THE REVISED CODE THAT IS NOT ISSUED AS 4,234
AN EXTERNSHIP CERTIFICATE IS VALID FOR TWO YEARS, UNLESS 4,235
OTHERWISE PROVIDED IN RULES ADOPTED UNDER SECTION 4723.50 OF THE 4,236
REVISED CODE OR EARLIER SUSPENDED OR REVOKED BY THE BOARD. THE 4,237
BOARD OF NURSING SHALL RENEW CERTIFICATES TO PRESCRIBE ACCORDING 4,238
TO PROCEDURES AND A RENEWAL SCHEDULE ESTABLISHED IN RULES ADOPTED 4,239
UNDER SECTION 4723.50 OF THE REVISED CODE. 4,240
(B) THE BOARD MAY RENEW A CERTIFICATE TO PRESCRIBE IF THE 4,242
HOLDER SUBMITS TO THE BOARD ALL OF THE FOLLOWING: 4,243
(1) EVIDENCE OF HAVING COMPLETED DURING THE PREVIOUS TWO 4,245
YEARS AT LEAST TWELVE HOURS OF CONTINUING EDUCATION IN ADVANCED 4,246
PHARMACOLOGY, OR, IF THE CERTIFICATE HAS BEEN HELD FOR LESS THAN 4,247
A FULL RENEWAL PERIOD, THE NUMBER OF HOURS REQUIRED BY THE BOARD 4,248
IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE; 4,249
(2) THE FEE REQUIRED UNDER SECTION 4723.08 OF THE REVISED 4,251
CODE FOR RENEWAL OF A CERTIFICATE TO PRESCRIBE; 4,253
(3) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 4,255
93
TO RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE. 4,256
(C) THE CONTINUING EDUCATION IN PHARMACOLOGY REQUIRED 4,258
UNDER DIVISION (B)(1) OF THIS SECTION MUST BE RECEIVED FROM AN 4,259
ACCREDITED INSTITUTION RECOGNIZED BY THE BOARD. THE HOURS OF 4,260
CONTINUING EDUCATION REQUIRED ARE IN ADDITION TO ANY OTHER 4,261
CONTINUING EDUCATION REQUIREMENT THAT MUST BE COMPLETED PURSUANT 4,262
TO THIS CHAPTER.
Sec. 4723.49. (A) THERE IS HEREBY CREATED THE COMMITTEE 4,265
ON PRESCRIPTIVE GOVERNANCE. THE COMMITTEE SHALL CONSIST OF THE 4,266
FOLLOWING MEMBERS:
(1) A CLINICAL NURSE SPECIALIST; 4,268
(2) A CERTIFIED NURSE-MIDWIFE; 4,270
(3) A CERTIFIED NURSE PRACTITIONER; 4,272
(4) A MEMBER OF THE BOARD OF NURSING WHO AT A MINIMUM IS A 4,274
REGISTERED NURSE; 4,275
(5) FOUR PHYSICIANS WHO MEET THE QUALIFICATIONS FOR 4,277
APPOINTMENT SPECIFIED IN DIVISION (B) OF THIS SECTION; 4,278
(6) A PHARMACIST MEMBER OF THE STATE BOARD OF PHARMACY; 4,280
(7) A PHARMACIST ACTIVELY ENGAGED IN PRACTICE IN THIS 4,282
STATE AS A CLINICAL PHARMACIST. 4,283
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 4,285
THE BOARD OF NURSING SHALL APPOINT THE MEMBERS WHO ARE NURSES, 4,286
THE STATE MEDICAL BOARD SHALL APPOINT THE MEMBERS WHO ARE 4,287
PHYSICIANS, AND THE STATE BOARD OF PHARMACY SHALL APPOINT THE 4,288
MEMBERS WHO ARE PHARMACISTS. THE PHYSICIAN MEMBERS SHALL BE 4,289
APPOINTED IN SUCH A MANNER THAT THE COMMITTEE AT ALL TIMES 4,290
INCLUDES AT LEAST TWO PHYSICIANS WHO COLLABORATE WITH CLINICAL 4,291
NURSE SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE 4,292
PRACTITIONERS; ONE PHYSICIAN CERTIFIED IN FAMILY PRACTICE BY A 4,293
MEDICAL SPECIALTY BOARD OF THE AMERICAN MEDICAL ASSOCIATION OR 4,294
AMERICAN OSTEOPATHIC ASSOCIATION; AND ONE PHYSICIAN MEMBER OF THE 4,296
STATE MEDICAL BOARD. IF THE PHYSICIAN MEMBER WHO IS A FAMILY 4,297
PRACTICE PHYSICIAN OR MEMBER OF THE STATE MEDICAL BOARD IS ALSO A 4,298
COLLABORATING PHYSICIAN, THE MEMBER MAY BE COUNTED BOTH AS A 4,299
94
COLLABORATING MEMBER AND AS A FAMILY PRACTICE PHYSICIAN OR STATE 4,300
MEDICAL BOARD MEMBER FOR PURPOSES OF THIS DIVISION.
(C) INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE 4,302
NOT LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS 4,304
SECTION. OF THE INITIAL APPOINTMENTS THE BOARD OF NURSING MUST 4,305
MAKE, TWO SHALL BE FOR TERMS OF THREE YEARS AND TWO SHALL BE FOR 4,307
TERMS OF TWO YEARS. OF THE INITIAL APPOINTMENTS THE STATE 4,309
MEDICAL BOARD MUST MAKE, TWO SHALL BE FOR TERMS OF THREE YEARS 4,310
AND TWO SHALL BE FOR TERMS OF TWO YEARS. OF THE INITIAL 4,311
APPOINTMENTS THE STATE BOARD OF PHARMACY MUST MAKE, ONE SHALL BE 4,313
FOR A TERM OF THREE YEARS AND ONE SHALL BE FOR A TERM OF TWO
YEARS. THEREAFTER, TERMS SHALL BE FOR THREE YEARS, WITH EACH 4,315
TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE TERM 4,316
THAT IT SUCCEEDS.
WHEN THE TERM OF ANY MEMBER EXPIRES, A SUCCESSOR SHALL BE 4,318
APPOINTED WHO HAS THE QUALIFICATIONS THE VACANCY REQUIRES. ANY 4,319
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 4,320
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 4,321
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. A 4,322
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 4,324
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE,
OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 4,325
FIRST. A MEMBER MAY BE REAPPOINTED. 4,326
RECOMMENDATIONS FOR MAKING INITIAL APPOINTMENTS AND FILLING 4,328
VACANCIES MAY BE SUBMITTED TO THE BOARD OF NURSING BY 4,329
PROFESSIONAL NURSING ASSOCIATIONS AND INDIVIDUALS, TO THE STATE 4,330
MEDICAL BOARD BY PROFESSIONAL MEDICAL ASSOCIATIONS AND 4,331
INDIVIDUALS, AND TO THE BOARD OF PHARMACY BY PROFESSIONAL 4,332
PHARMACY ASSOCIATIONS AND INDIVIDUALS. EACH BOARD SHALL APPOINT 4,333
INITIAL MEMBERS AND FILL VACANCIES ACCORDING TO THE 4,334
RECOMMENDATIONS IT RECEIVES. IF NO RECOMMENDATIONS OR AN 4,335
INSUFFICIENT NUMBER OF RECOMMENDATIONS ARE SUBMITTED TO A BOARD, 4,336
THE BOARD SHALL PROCEED ON ITS OWN ADVICE.
(D) IF THE STATE MEDICAL BOARD OR STATE BOARD OF PHARMACY 4,338
95
FAILS TO APPOINT AN INITIAL MEMBER PRIOR TO SIXTY DAYS AFTER THE 4,340
EFFECTIVE DATE OF THIS SECTION OR FAILS TO APPOINT A SUCCESSOR 4,341
PRIOR TO SIXTY DAYS AFTER THE EXPIRATION OF THE TERM FOR WHICH 4,343
THE APPOINTMENT IS TO BE MADE, THE BOARD OF NURSING SHALL APPOINT 4,344
THE SUCCESSOR. IF THE BOARD OF NURSING FAILS TO APPOINT AN
INITIAL MEMBER PRIOR TO SIXTY DAYS AFTER THE EFFECTIVE DATE OF 4,345
THIS SECTION OR FAILS TO APPOINT A SUCCESSOR PRIOR TO SIXTY DAYS 4,347
AFTER THE EXPIRATION OF THE TERM FOR WHICH THE APPOINTMENT IS TO 4,348
BE MADE, THE STATE MEDICAL BOARD SHALL APPOINT THE MEMBER AFTER 4,349
CONSULTING WITH THE STATE BOARD OF PHARMACY.
Sec. 4723.491. (A) THE COMMITTEE ON PRESCRIPTIVE 4,351
GOVERNANCE SHALL ORGANIZE BY SELECTING A CHAIRPERSON FROM AMONG 4,352
ITS MEMBERS WHO ARE NURSES OR COLLABORATING PHYSICIANS. THE 4,354
COMMITTEE MAY SELECT A NEW CHAIRPERSON AT ANY TIME.
(B) FIVE MEMBERS CONSTITUTE A QUORUM FOR THE TRANSACTION 4,356
OF OFFICIAL BUSINESS. THE CLINICAL PHARMACIST MEMBER MAY 4,357
PARTICIPATE IN ANY MEETING OF THE COMMITTEE, BUT SHALL BE 4,359
INCLUDED AS A VOTING MEMBER ONLY WHEN THE COMMITTEE IS 4,360
CONSIDERING ONE OF THE FOLLOWING:
(1) THE COMPOSITION OF THE FORMULARY OF DRUGS AND 4,362
THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED BY A CLINICAL NURSE 4,363
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 4,364
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 4,365
SECTION 4723.48 OF THE REVISED CODE; 4,366
(2) THE MANNER IN WHICH A NURSE MAY PERSONALLY FURNISH TO 4,368
PATIENTS DRUGS AND THERAPEUTIC DEVICES PACKAGED AS SAMPLES AND 4,369
MAY PERSONALLY FURNISH PARTIAL OR COMPLETE SUPPLIES OF OTHER 4,370
DRUGS AND THERAPEUTIC DEVICES; 4,371
(3) RECOMMENDATIONS TO BE GIVEN TO THE BOARD OF NURSING 4,373
FOR USE IN ADOPTING RULES UNDER SECTION 4723.50 OF THE REVISED 4,374
CODE PERTAINING TO THE MATTERS SPECIFIED IN DIVISIONS (B)(1) AND 4,375
(2) OF THIS SECTION. 4,376
(C) MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL 4,378
RECEIVE PAYMENT FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED 4,379
96
IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE EXPENSES SHALL 4,382
BE PAID BY THE BOARD OF NURSING.
Sec. 4723.492. THE COMMITTEE ON PRESCRIPTIVE GOVERNANCE 4,384
SHALL DEVELOP RECOMMENDATIONS REGARDING THE AUTHORITY TO 4,385
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES PURSUANT TO A CERTIFICATE 4,386
TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE. 4,387
NOT LATER THAN FOURTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS 4,388
SECTION, THE COMMITTEE SHALL SUBMIT RECOMMENDATIONS TO THE BOARD 4,390
OF NURSING AS NECESSARY FOR THE BOARD TO FULFILL ITS DUTY TO 4,391
ADOPT RULES UNDER SECTION 4723.50 OF THE REVISED CODE. AT THE 4,392
BOARD'S REQUEST, THE COMMITTEE SHALL RECONSIDER A RECOMMENDATION 4,393
IT HAS SUBMITTED AND RESUBMIT THE RECOMMENDATION TO THE BOARD 4,394
ACCORDINGLY.
Sec. 4723.50. (A) IN ACCORDANCE WITH CHAPTER 119. OF THE 4,397
REVISED CODE, THE BOARD OF NURSING SHALL ADOPT RULES AS NECESSARY 4,400
TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER PERTAINING TO THE 4,401
AUTHORITY OF CLINICAL NURSE SPECIALISTS, CERTIFIED 4,403
NURSE-MIDWIVES, AND CERTIFIED NURSE PRACTITIONERS TO PRESCRIBE 4,404
DRUGS AND THERAPEUTIC DEVICES AND THE ISSUANCE AND RENEWAL OF
CERTIFICATES TO PRESCRIBE. INITIAL RULES SHALL BE ADOPTED NOT 4,406
LATER THAN TWENTY MONTHS AFTER THE EFFECTIVE DATE OF THIS 4,407
SECTION. 4,408
THE BOARD SHALL ADOPT RULES THAT ARE CONSISTENT WITH THE 4,411
RECOMMENDATIONS THE BOARD RECEIVES FROM THE COMMITTEE ON
PRESCRIPTIVE GOVERNANCE PURSUANT TO SECTION 4723.492 OF THE 4,412
REVISED CODE. AFTER REVIEWING A RECOMMENDATION SUBMITTED BY THE 4,415
COMMITTEE, THE BOARD MAY EITHER ADOPT THE RECOMMENDATION AS A 4,416
RULE OR ASK THE COMMITTEE TO RECONSIDER AND RESUBMIT THE
RECOMMENDATION. THE BOARD SHALL NOT ADOPT ANY RULE THAT DOES NOT 4,417
CONFORM TO A RECOMMENDATION MADE BY THE COMMITTEE. 4,418
(B) THE BOARD SHALL ADOPT RULES UNDER THIS SECTION THAT DO 4,420
THE FOLLOWING: 4,421
(1) ESTABLISH A FORMULARY LISTING THE TYPES OF DRUGS AND 4,424
THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED BY A CLINICAL NURSE 4,425
97
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 4,426
PRACTITIONER. THE FORMULARY MAY INCLUDE CONTROLLED SUBSTANCES, 4,429
AS DEFINED IN SECTION 3719.01 OF THE REVISED CODE. THE FORMULARY 4,430
SHALL NOT PERMIT THE PRESCRIBING OF ANY DRUG OR DEVICE TO PERFORM 4,431
OR INDUCE AN ABORTION. 4,432
(2) ESTABLISH SAFETY STANDARDS TO BE FOLLOWED BY A NURSE 4,434
WHEN PERSONALLY FURNISHING TO PATIENTS COMPLETE OR PARTIAL 4,435
SUPPLIES OF ANTIBIOTICS, ANTIFUNGALS, SCABICIDES, CONTRACEPTIVES, 4,436
AND PRENATAL VITAMINS.
(3) ESTABLISH CRITERIA FOR THE COMPONENTS OF THE STANDARD 4,438
CARE ARRANGEMENTS DESCRIBED IN SECTION 4723.431 OF THE REVISED 4,440
CODE THAT APPLY TO A NURSE'S AUTHORITY TO PRESCRIBE. THE RULES 4,441
SHALL BE CONSISTENT WITH THAT SECTION AND INCLUDE ALL OF THE 4,442
FOLLOWING:
(a) QUALITY ASSURANCE STANDARDS; 4,444
(b) STANDARDS FOR PERIODIC REVIEW BY A COLLABORATING 4,446
PHYSICIAN OR PODIATRIST OF THE RECORDS OF PATIENTS TREATED BY THE 4,447
NURSE;
(c) ACCEPTABLE TRAVEL TIME BETWEEN THE LOCATION AT WHICH 4,449
THE NURSE IS ENGAGING IN THE PRESCRIBING COMPONENTS OF THE 4,450
NURSE'S PRACTICE AND THE LOCATION OF THE NURSE'S COLLABORATING 4,453
PHYSICIAN OR PODIATRIST;
(d) ANY OTHER CRITERIA RECOMMENDED BY THE COMMITTEE ON 4,456
PRESCRIPTIVE GOVERNANCE.
(4) ESTABLISH STANDARDS AND PROCEDURES FOR ISSUANCE AND 4,458
RENEWAL OF A CERTIFICATE TO PRESCRIBE, INCLUDING SPECIFICATION OF 4,459
ANY ADDITIONAL INFORMATION THE BOARD MAY REQUIRE UNDER DIVISION 4,461
(A)(4) OF SECTION 4723.482 OR DIVISION (B)(3) OF SECTION 4723.484 4,462
OF THE REVISED CODE; 4,463
(5) ESTABLISH REQUIREMENTS FOR BOARD APPROVAL OF THE 4,466
INSTRUCTION IN ADVANCED PHARMACOLOGY AND RELATED TOPICS REQUIRED 4,468
BY SECTION 4723.482 OF THE REVISED CODE; 4,470
(6) ESTABLISH STANDARDS AND PROCEDURES FOR THE APPROPRIATE 4,472
CONDUCT OF AN EXTERNSHIP REQUIRED BY DIVISION (B)(1) OF SECTION 4,474
98
4723.484 OF THE REVISED CODE, INCLUDING THE FOLLOWING: 4,475
(a) STANDARDS AND PROCEDURES TO BE USED IN EVALUATING A 4,477
NURSE'S PARTICIPATION IN AN EXTERNSHIP. REGARDLESS OF THE METHOD 4,479
OF EVALUATION USED, A NURSE SHALL NOT BE REQUIRED TO PARTICIPATE 4,480
IN AN EXTERNSHIP LONGER THAN ONE THOUSAND EIGHT HUNDRED HOURS. 4,481
(b) STANDARDS AND PROCEDURES FOR THE SUPERVISION THAT A 4,483
PHYSICIAN MUST PROVIDE DURING AN EXTERNSHIP, INCLUDING 4,485
SUPERVISION PROVIDED BY WORKING WITH THE NURSE AND SUPERVISION 4,487
PROVIDED BY MAKING TIMELY REVIEWS OF THE RECORDS OF PATIENTS 4,488
TREATED BY THE NURSE. THE MANNER IN WHICH SUPERVISION MUST BE 4,489
PROVIDED MAY VARY ACCORDING TO THE LOCATION WHERE THE NURSE IS 4,490
PRACTICING AND WITH THE NURSE'S LEVEL OF EXPERIENCE. 4,491
Sec. 4723.52. (A) The school of nursing of case western 4,500
reserve university, the school of nursing of wright state 4,501
university, and the university of Cincinnati college of nursing 4,502
and health shall each establish a pilot program to provide access 4,503
to health care in underserved areas through the use of advanced 4,504
practice nurses. Each pilot program shall be operated by the 4,505
nursing faculty of the university at which it is established. 4,506
Each pilot program shall cease to exist on January 1, 2010 THREE 4,507
YEARS AND EIGHT MONTHS AFTER THE EFFECTIVE DATE OF THIS 4,508
AMENDMENT.
An advisory committee shall be established for each of the 4,510
pilot programs. The dean of the medical school at case western 4,511
reserve university shall appoint two physicians to serve on the 4,512
advisory committee of the university's pilot program. The dean 4,513
of the medical school at wright state university shall appoint 4,514
two physicians to serve on the advisory committee of the 4,515
university's pilot program. The dean of the medical school at 4,516
the university of Cincinnati shall appoint two physicians to 4,517
serve on the advisory committee of the university's pilot 4,518
program. To be appointed, a physician must have experience 4,519
working with registered nurses who are approved as advanced 4,520
practice nurses under section 4723.55 of the Revised Code or, 4,521
99
until one year after the board of nursing begins approving nurses 4,522
under that section, nurses who are qualified to be approved under 4,523
that section. 4,524
(B) The advisory committee of each pilot program shall 4,526
develop a standard care arrangement in accordance with rules 4,527
adopted by the board of nursing under section 4723.54 of the 4,528
Revised Code. The standard care arrangement applies only to the 4,529
advanced practice nurses included in the pilot program for which 4,530
it is developed. Each advisory committee shall submit a copy of 4,531
its standard care arrangement to the board of nursing for review 4,532
within thirty days after the board adopts final rules under 4,533
division (A) of section 4723.54 of the Revised Code. 4,534
(C) Each standard care arrangement shall establish 4,536
conditions under which an advanced practice nurse must refer a 4,537
patient to a physician and procedures for quality assurance 4,538
reviews of advanced practice nurses by the advisory committee, 4,539
and shall comply with any other requirements established by the 4,540
board of nursing in rules adopted under section 4723.54 of the 4,541
Revised Code. NO STANDARD CARE ARRANGEMENT SHALL PERMIT AN 4,543
ADVANCED PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO 4,544
PERFORM OR INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE 4,545
AN ABORTION.
(D) Biennially, each pilot program shall submit a written 4,547
report of its operation to the governor, the speaker of the house 4,548
of representatives, the president of the senate, the board of 4,549
nursing, the state medical board, the state board of pharmacy, 4,550
the department of health, and the formulary committee for 4,551
advanced practice nurses established under section 4723.57 of the 4,552
Revised Code. The first report shall be submitted no later than 4,553
July 1, 1994. 4,554
Sec. 4723.561. An advanced practice nurse approved by the 4,563
board of nursing under section 4723.56 of the Revised Code to 4,564
prescribe drugs and therapeutic devices as part of a pilot 4,566
program established under section 4723.52 of the Revised Code may 4,567
100
personally supply FURNISH to patients the following drugs and 4,569
devices that are within the advanced practice nurse's authority 4,570
to prescribe: antibiotics, antifungals, scabicides, 4,571
contraceptives, and prenatal vitamins.
The advanced practice nurse shall maintain a written record 4,573
of drugs and devices personally supplied FURNISHED under this 4,574
section. For each drug or device supplied FURNISHED, the 4,576
collaborating physician shall review the record within 4,577
seventy-two hours after the drug or device is supplied FURNISHED. 4,579
Sec. 4723.562. ON AND AFTER THE EFFECTIVE DATE OF THIS 4,581
SECTION, THE NUMBER OF ADVANCED PRACTICE NURSES WITH APPROVAL TO 4,582
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES WHO ARE PERMITTED TO 4,583
PARTICIPATE IN A PILOT PROGRAM ESTABLISHED UNDER SECTION 4723.52 4,584
OF THE REVISED CODE SHALL NOT EXCEED THE NUMBER OF NURSES WITH 4,585
THAT APPROVAL WHO WERE PERMITTED TO PARTICIPATE IN THAT PROGRAM 4,587
ON THE EFFECTIVE DATE OF THIS SECTION.
Sec. 4723.563. NO PROTOCOL ESTABLISHED BETWEEN AN ADVANCED 4,590
PRACTICE NURSE AND A COLLABORATING PHYSICIAN MAY AUTHORIZE, AND 4,592
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING, AN
ADVANCED PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO 4,594
PERFORM OR INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE 4,595
AN ABORTION. 4,596
Sec. 4723.58. (A) In accordance with Chapter 119. of the 4,605
Revised Code, the board of nursing shall adopt rules regarding 4,606
the approval of advanced practice nurses under section 4723.56 of 4,607
the Revised Code to prescribe drugs and therapeutic devices. The 4,608
rules shall be consistent with the recommendations of the 4,609
formulary committee for advanced practice nurses and shall 4,610
establish all of the following: 4,611
(1) A formulary listing the drugs and therapeutic devices, 4,613
including types and classes where appropriate, that may be 4,614
prescribed by advanced practice nurses; 4,615
(2) Requirements pertaining to the protocol that is 4,618
required to be established between an advanced practice nurse and 4,619
101
the nurse's collaborating physician; 4,620
(3) Requirements regarding the pharmacology courses that 4,622
an advanced practice nurse is required to complete to receive 4,623
approval or renewal of approval to prescribe drugs and 4,624
therapeutic devices; 4,625
(4) Standards and procedures for approval and renewal of 4,627
approval of advanced practice nurses to prescribe drugs and 4,628
therapeutic devices; 4,629
(5) Any other requirements with regard to advanced 4,631
practice nurses approved to prescribe drugs and therapeutic 4,632
devices. 4,633
(B) The drugs included in the formulary shall not include 4,635
any drug listed on schedule I or II CONTROLLED SUBSTANCE, as 4,636
specified in section 3719.41 of the Revised Code. The formulary 4,639
may include restrictions and requirements for prescriptions and 4,640
shall include requirements specific to advanced practice nursing. 4,641
THE FORMULARY SHALL NOT PERMIT THE PRESCRIBING OF ANY DRUG OR 4,642
DEVICE TO PERFORM OR INDUCE AN ABORTION. 4,643
Sec. 4723.59. (A) An advanced practice nurse shall 4,652
practice as an advanced practice nurse only in accordance with 4,653
the standard care arrangement developed under section 4723.52 of 4,654
the Revised Code for the pilot program in which the nurse is 4,655
participating. An advanced practice nurse who does not follow 4,656
the standard care arrangement is guilty of unprofessional conduct 4,657
and is subject to disciplinary action under section 4723.28 of 4,658
the Revised Code for violation of this chapter and the rules 4,659
adopted under it. 4,660
(B) An advanced practice nurse approved under section 4,662
4723.56 of the Revised Code shall prescribe drugs and therapeutic 4,663
devices specified in the PRESCRIPTIVE AUTHORITY protocol 4,664
established between the nurse and the collaborating physician 4,666
only in accordance with the protocol. An advanced practice nurse 4,667
approved under section 4723.56 of the Revised Code shall 4,668
personally supply FURNISH drugs and therapeutic devices in 4,670
102
accordance with section 4723.561 of the Revised Code. Any 4,671
advanced practice nurse who does not follow the protocol or 4,673
personally supply FURNISH drugs and devices in accordance with 4,674
section 4723.561 of the Revised Code is guilty of unprofessional 4,676
conduct and is subject to disciplinary action under section 4,677
4723.28 of the Revised Code for violation of this chapter and the 4,678
rules adopted under it.
(C) Any collaborating physician who does not perform the 4,680
responsibilities the physician agreed to perform in the protocol 4,682
established between the physician and an advanced practice nurse
in accordance with section 4723.56 of the Revised Code is guilty 4,683
of unprofessional conduct and is subject to disciplinary action 4,684
by the state medical board. Under this division, the state 4,685
medical board may revoke, limit, or suspend the physician's 4,686
certificate to practice, pursuant to an adjudicatory hearing 4,687
under Chapter 119. of the Revised Code and a vote of not less 4,688
than six of its members. 4,689
Sec. 4729.01. As used in this chapter: 4,698
(A) "Pharmacy," except when used in a context that refers 4,700
to the practice of pharmacy, means any area, room, rooms, place 4,701
of business, department, or portion of any of the foregoing where 4,703
the practice of pharmacy is conducted. 4,705
(B) "Practice of pharmacy" means providing pharmacist care 4,707
requiring specialized knowledge, judgment, and skill derived from 4,709
the principles of biological, chemical, behavioral, social, 4,710
pharmaceutical, and clinical sciences. As used in this division, 4,711
"pharmacist care" includes the following:
(1) Interpreting prescriptions; 4,713
(2) Compounding or dispensing drugs and dispensing drug 4,715
therapy related devices; 4,716
(3) Counseling individuals with regard to their drug 4,718
therapy, recommending drug therapy related devices, and assisting 4,720
in the selection of drugs and appliances for treatment of common 4,721
diseases and injuries and providing instruction in the proper use 4,723
103
of the drugs and appliances;
(4) Performing drug regimen reviews with individuals by 4,726
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs; 4,727
(5) Performing drug utilization reviews with licensed 4,729
health professionals authorized to prescribe drugs when the 4,730
pharmacist determines that an individual with a prescription has 4,731
a drug regimen that warrants additional discussion with the 4,732
prescriber; 4,733
(6) Advising an individual and the health care 4,735
professionals treating an individual with regard to the 4,736
individual's drug therapy; 4,737
(7) Acting pursuant to a consult agreement with a 4,739
physician authorized under Chapter 4731. of the Revised Code to 4,743
practice medicine and surgery or osteopathic medicine and 4,744
surgery, if an agreement has been established with the physician. 4,745
(C) "Compounding" means the preparation, mixing, 4,748
assembling, packaging, and labeling of one or more drugs in any 4,749
of the following circumstances: 4,750
(1) Pursuant to a prescription issued by a licensed health 4,753
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in 4,755
accordance with a consult agreement; 4,756
(3) As an incident to research, teaching activities, or 4,759
chemical analysis;
(4) In anticipation of prescription drug orders based on 4,762
routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an 4,764
individual's drug therapy that has been entered into by a 4,766
pharmacist and a physician authorized under Chapter 4731. of the 4,767
Revised Code to practice medicine and surgery or osteopathic 4,770
medicine and surgery.
(E) "Drug" means: 4,772
(1) Any article recognized in the United States 4,774
104
pharmacopoeia and national formulary, or any supplement to them, 4,776
intended for use in the diagnosis, cure, mitigation, treatment, 4,777
or prevention of disease in humans or animals; 4,778
(2) Any other article intended for use in the diagnosis, 4,780
cure, mitigation, treatment, or prevention of disease in humans 4,782
or animals;
(3) Any article, other than food, intended to affect the 4,784
structure or any function of the body of humans or animals; 4,786
(4) Any article intended for use as a component of any 4,788
article specified in division (C)(1), (2), or (3) of this 4,789
section; but does not include devices or their components, parts, 4,790
or accessories. 4,791
(F) "Dangerous drug" means any of the following: 4,793
(1) Any drug to which either of the following applies: 4,795
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 4,798
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 4,799
required to bear a label containing the legend "Caution: Federal 4,801
law prohibits dispensing without prescription" or "Caution: 4,802
Federal law restricts this drug to use by or on the order of a 4,803
licensed veterinarian" or any similar restrictive statement, or 4,804
the drug may be dispensed only upon a prescription; 4,805
(b) Under Chapter 3715. or 3719. of the Revised Code, the 4,807
drug may be dispensed only upon a prescription. 4,808
(2) Any drug that contains a schedule V controlled 4,810
substance and that is exempt from Chapter 3719. of the Revised 4,811
Code or to which that chapter does not apply; 4,812
(3) Any drug intended for administration by injection into 4,814
the human body other than through a natural orifice of the human 4,815
body. 4,816
(G) "Federal drug abuse control laws" has the same meaning 4,818
as in section 3719.01 of the Revised Code. 4,819
(H) "Prescription" means a written, electronic, or oral 4,824
order for drugs or combinations or mixtures of drugs to be used 4,825
by a particular individual or for treating a particular animal, 4,826
105
issued by a licensed health professional authorized to prescribe 4,829
drugs.
(I) "Licensed health professional authorized to prescribe 4,832
drugs" or "prescriber" means an individual who is authorized by 4,834
law to prescribe drugs or dangerous drugs or drug therapy related 4,838
devices in the course of the individual's professional practice, 4,839
including only the following: 4,840
(1) A dentist licensed under Chapter 4715. of the Revised 4,843
Code;
(2) An UNTIL THREE YEARS AND EIGHT MONTHS AFTER THE 4,845
EFFECTIVE DATE OF THIS AMENDMENT, AN advanced practice nurse 4,847
approved under section 4723.56 of the Revised Code to prescribe 4,849
drugs and therapeutic devices; 4,850
(3) A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, 4,853
OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO 4,854
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE;
(4) An optometrist licensed under Chapter 4725. of the 4,857
Revised Code to practice optometry under a therapeutic 4,860
pharmaceutical agents certificate;
(4)(5) A physician authorized under Chapter 4731. of the 4,863
Revised Code to practice medicine and surgery, osteopathic 4,865
medicine and surgery, or podiatry;
(5)(6) A veterinarian licensed under Chapter 4741. of the 4,867
Revised Code. 4,868
(J) "Sale" and "sell" include delivery, transfer, barter, 4,870
exchange, or gift, or offer therefor, and each such transaction 4,871
made by any person, whether as principal proprietor, agent, or 4,872
employee. 4,873
(K) "Wholesale sale" and "sale at wholesale" mean any sale 4,875
in which the purpose of the purchaser is to resell the article 4,876
purchased or received by the purchaser. 4,877
(L) "Retail sale" and "sale at retail" mean any sale other 4,879
than a wholesale sale or sale at wholesale. 4,880
(M) "Retail seller" means any person that sells any 4,882
106
dangerous drug to consumers without assuming control over and 4,883
responsibility for its administration. Mere advice or 4,884
instructions regarding administration do not constitute control 4,885
or establish responsibility. 4,886
(N) "Price information" means the price charged for a 4,888
prescription for a particular drug product and, in an easily 4,889
understandable manner, all of the following: 4,890
(1) The proprietary name of the drug product; 4,892
(2) The established (generic) name of the drug product; 4,894
(3) The strength of the drug product if the product 4,896
contains a single active ingredient or if the drug product 4,897
contains more than one active ingredient and a relevant strength 4,898
can be associated with the product without indicating each active 4,899
ingredient. The established name and quantity of each active 4,900
ingredient are required if such a relevant strength cannot be so 4,901
associated with a drug product containing more than one 4,902
ingredient. 4,903
(4) The dosage form; 4,905
(5) The price charged for a specific quantity of the drug 4,907
product. The stated price shall include all charges to the 4,908
consumer, including, but not limited to, the cost of the drug 4,909
product, professional fees, handling fees, if any, and a 4,910
statement identifying professional services routinely furnished 4,911
by the pharmacy. Any mailing fees and delivery fees may be 4,912
stated separately without repetition. The information shall not 4,913
be false or misleading. 4,914
(O) "Wholesale distributor of dangerous drugs" means a 4,916
person engaged in the sale of dangerous drugs at wholesale and 4,917
includes any agent or employee of such a person authorized by the 4,919
person to engage in the sale of dangerous drugs at wholesale. 4,920
(P) "Manufacturer of dangerous drugs" means a person, 4,922
other than a pharmacist, who manufactures dangerous drugs and who 4,923
is engaged in the sale of those dangerous drugs within this 4,924
state. 4,925
107
(Q) "Terminal distributor of dangerous drugs" means a 4,927
person who is engaged in the sale of dangerous drugs at retail, 4,929
or any person, other than a wholesale distributor or a 4,930
pharmacist, who has possession, custody, or control of dangerous 4,932
drugs for any purpose other than for that person's own use and 4,934
consumption, and includes pharmacies, hospitals, nursing homes, 4,935
and laboratories and all other persons who procure dangerous 4,936
drugs for sale or other distribution by or under the supervision 4,937
of a pharmacist or licensed health professional authorized to 4,938
prescribe drugs.
(R) "Promote to the public" means disseminating a 4,940
representation to the public in any manner or by any means, other 4,941
than by labeling, for the purpose of inducing, or that is likely 4,942
to induce, directly or indirectly, the purchase of a dangerous 4,943
drug at retail. 4,944
(S) "Person" includes any individual, partnership, 4,946
association, limited liability company, or corporation, the 4,947
state, any political subdivision of the state, and any district, 4,948
department, or agency of the state or its political subdivisions. 4,949
(T) "Finished dosage form" has the same meaning as in 4,951
section 3715.01 of the Revised Code. 4,952
(U) "Generically equivalent drug" has the same meaning as 4,954
in section 3715.01 of the Revised Code. 4,955
(V) "Animal shelter" means a facility operated by a humane 4,957
society or any society organized under Chapter 1717. of the 4,958
Revised Code or a dog pound operated pursuant to Chapter 955. of 4,959
the Revised Code. 4,960
(W) "Food" has the same meaning as in section 3715.01 of 4,963
the Revised Code.
Sec. 4729.51. (A) No person other than a registered 4,972
wholesale distributor of dangerous drugs shall possess for sale, 4,973
sell, distribute, or deliver, at wholesale, dangerous drugs, 4,974
except as follows: 4,975
(1) A pharmacist who is a licensed terminal distributor of 4,977
108
dangerous drugs or who is employed by a licensed terminal 4,978
distributor of dangerous drugs may make occasional sales of 4,979
dangerous drugs at wholesale; 4,980
(2) A licensed terminal distributor of dangerous drugs 4,982
having more than one establishment or place may transfer or 4,983
deliver dangerous drugs from one establishment or place for which 4,984
a license has been issued to the terminal distributor to another 4,985
establishment or place for which a license has been issued to the 4,986
terminal distributor if the license issued for each establishment 4,988
or place is in effect at the time of the transfer or delivery. 4,989
(B)(1) No registered wholesale distributor of dangerous 4,991
drugs shall possess for sale, or sell, at wholesale, dangerous 4,992
drugs to any person other than the following: 4,993
(a) A licensed health professional authorized to prescribe 4,996
drugs;
(b) An optometrist licensed under Chapter 4725. of the 4,998
Revised Code who holds a topical ocular pharmaceutical agents 5,000
certificate;
(c) A registered wholesale distributor of dangerous drugs; 5,002
(d) A manufacturer of dangerous drugs; 5,004
(e) A licensed terminal distributor of dangerous drugs, 5,006
subject to division (B)(2) of this section; 5,007
(f) Carriers or warehousers for the purpose of carriage or 5,011
storage;
(g) Terminal or wholesale distributors of dangerous drugs 5,013
who are not engaged in the sale of dangerous drugs within this 5,014
state; 5,015
(h) An individual who holds a current license, 5,017
certificate, or registration issued under Title 47 of the Revised 5,019
Code and has been certified to conduct diabetes education by a 5,020
national certifying body specified in rules adopted by the state 5,021
board of pharmacy under section 4729.68 of the Revised Code, but 5,022
only with respect to insulin that will be used for the purpose of 5,024
diabetes education and only if diabetes education is within the 5,025
109
individual's scope of practice under statutes and rules 5,026
regulating the individual's profession. 5,027
(2) No registered wholesale distributor of dangerous drugs 5,029
shall possess dangerous drugs for sale at wholesale, or sell such 5,030
drugs at wholesale, to a licensed terminal distributor of 5,031
dangerous drugs, except to: 5,032
(a) A terminal distributor who has a category I license, 5,034
only dangerous drugs described in category I, as defined in 5,035
division (A)(1) of section 4729.54 of the Revised Code; 5,036
(b) A terminal distributor who has a category II license, 5,038
only dangerous drugs described in category I and category II, as 5,039
defined in divisions (A)(1) and (2) of section 4729.54 of the 5,040
Revised Code; 5,041
(c) A terminal distributor who has a category III license, 5,043
dangerous drugs described in category I, category II, and 5,044
category III, as defined in divisions (A)(1), (2), and (3) of 5,045
section 4729.54 of the Revised Code; 5,046
(d) A terminal distributor who has a limited category I, 5,048
II, or III license, only the dangerous drugs specified in the 5,049
certificate furnished by the terminal distributor in accordance 5,050
with section 4729.60 of the Revised Code. 5,051
(C)(1) Except as provided in division (C)(4) of this 5,053
section, no person shall sell, at retail, dangerous drugs. 5,054
(2) Except as provided in division (C)(4) of this section, 5,056
no person shall possess for sale, at retail, dangerous drugs. 5,057
(3) Except as provided in division (C)(4) of this section, 5,059
no person shall possess dangerous drugs. 5,060
(4) Divisions (C)(1), (2), and (3) of this section do not 5,062
apply to a registered wholesale distributor of dangerous drugs, a 5,063
licensed terminal distributor of dangerous drugs, or a person who 5,064
possesses, or possesses for sale or sells, at retail, a dangerous 5,066
drug in accordance with Chapters 3719., 4715., 4723., 4725., 5,067
4729., 4731., and 4741. or section 4723.56 of the Revised Code. 5,069
Divisions (C)(1), (2), and (3) of this section do not apply 5,072
110
to an individual who holds a current license, certificate, or 5,073
registration issued under Title 47 XLVII of the Revised Code and 5,076
has been certified to conduct diabetes education by a national 5,077
certifying body specified in rules adopted by the state board of 5,078
pharmacy under section 4729.68 of the Revised Code, but only to 5,080
the extent that the individual possesses insulin or personally 5,081
supplies insulin solely for the purpose of diabetes education and 5,082
only if diabetes education is within the individual's scope of 5,083
practice under statutes and rules regulating the individual's 5,084
profession. 5,085
(D) No licensed terminal distributor of dangerous drugs 5,087
shall purchase for the purpose of resale dangerous drugs from any 5,089
person other than a registered wholesale distributor of dangerous 5,091
drugs, except as follows: 5,092
(1) A licensed terminal distributor of dangerous drugs may 5,094
make occasional purchases of dangerous drugs for resale from a 5,095
pharmacist who is a licensed terminal distributor of dangerous 5,096
drugs or who is employed by a licensed terminal distributor of 5,097
dangerous drugs; 5,098
(2) A licensed terminal distributor of dangerous drugs 5,100
having more than one establishment or place may transfer or 5,101
receive dangerous drugs from one establishment or place for which 5,102
a license has been issued to the terminal distributor to another 5,103
establishment or place for which a license has been issued to the 5,104
terminal distributor if the license issued for each establishment 5,105
or place is in effect at the time of the transfer or receipt. 5,106
(E) No licensed terminal distributor of dangerous drugs 5,108
shall engage in the sale or other distribution of dangerous drugs 5,109
at retail or maintain possession, custody, or control of 5,110
dangerous drugs for any purpose other than the distributor's 5,111
personal use or consumption, at any establishment or place other 5,113
than that or those described in the license issued by the board 5,114
of pharmacy to such terminal distributor. 5,115
(F) Nothing in this section shall be construed to 5,117
111
interfere with the performance of official duties by any law 5,118
enforcement official authorized by municipal, county, state, or 5,120
federal law to collect samples of any drug, regardless of its 5,121
nature or in whose possession it may be. 5,122
Sec. 4731.22. (A) The state medical board, by an 5,132
affirmative vote of not fewer than six of its members, may revoke 5,133
or may refuse to grant a certificate to a person found by the 5,134
board to have committed fraud during the administration of the 5,135
examination for a certificate to practice or to have committed 5,137
fraud, misrepresentation, or deception in applying for or 5,138
securing any certificate to practice or certificate of
registration issued by the board. 5,139
(B) The board, by an affirmative vote of not fewer than 5,142
six members, shall, to the extent permitted by law, limit, 5,143
revoke, or suspend an individual's certificate to practice, 5,145
refuse to register an individual, refuse to reinstate a 5,146
certificate, or reprimand or place on probation the holder of a 5,148
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 5,150
or certificate of registration to be used by a person, group, or 5,152
corporation when the individual concerned is not actually 5,153
directing the treatment given; 5,154
(2) Failure to maintain minimal standards applicable to 5,157
the selection or administration of drugs, or failure to employ 5,158
acceptable scientific methods in the selection of drugs or other 5,159
modalities for treatment of disease; 5,160
(3) Selling, giving away, personally furnishing, 5,162
prescribing, or administering drugs for other than legal and 5,163
legitimate therapeutic purposes or a plea of guilty to, a 5,164
judicial finding of guilt of, or a judicial finding of 5,165
eligibility for treatment in lieu of conviction of, a violation 5,166
of any federal or state law regulating the possession,
distribution, or use of any drug; 5,167
(4) Willfully betraying a professional confidence. 5,169
112
For purposes of this division, "willfully betraying a 5,171
professional confidence" does not include the making of a report 5,172
of an employee's use of a drug of abuse, or a report of a 5,173
condition of an employee other than one involving the use of a 5,174
drug of abuse, to the employer of the employee as described in 5,175
division (B) of section 2305.33 of the Revised Code. Nothing in 5,177
this division affects the immunity from civil liability conferred 5,179
by that section upon a physician who makes either type of report 5,180
in accordance with division (B) of that section. As used in this 5,181
division, "employee," "employer," and "physician" have the same 5,182
meanings as in section 2305.33 of the Revised Code. 5,183
(5) Making a false, fraudulent, deceptive, or misleading 5,186
statement in the solicitation of or advertising for patients; in 5,188
relation to the practice of medicine and surgery, osteopathic 5,189
medicine and surgery, podiatry, or a limited branch of medicine; 5,190
or in securing or attempting to secure any certificate to 5,192
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 5,194
misleading statement" means a statement that includes a 5,195
misrepresentation of fact, is likely to mislead or deceive 5,196
because of a failure to disclose material facts, is intended or 5,197
is likely to create false or unjustified expectations of 5,198
favorable results, or includes representations or implications 5,199
that in reasonable probability will cause an ordinarily prudent 5,200
person to misunderstand or be deceived. 5,201
(6) A departure from, or the failure to conform to, 5,203
minimal standards of care of similar practitioners under the same 5,204
or similar circumstances, whether or not actual injury to a 5,205
patient is established; 5,206
(7) Representing, with the purpose of obtaining 5,208
compensation or other advantage as personal gain or for any other 5,210
person, that an incurable disease or injury, or other incurable 5,211
condition, can be permanently cured; 5,212
(8) The obtaining of, or attempting to obtain, money or 5,214
113
anything of value by fraudulent misrepresentations in the course 5,215
of practice; 5,216
(9) A plea of guilty to, a judicial finding of guilt of, 5,219
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 5,220
(10) Commission of an act that constitutes a felony in 5,222
this state, regardless of the jurisdiction in which the act was 5,223
committed; 5,224
(11) A plea of guilty to, a judicial finding of guilt of, 5,227
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 5,228
practice;
(12) Commission of an act in the course of practice that 5,230
constitutes a misdemeanor in this state, regardless of the 5,232
jurisdiction in which the act was committed; 5,233
(13) A plea of guilty to, a judicial finding of guilt of, 5,236
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 5,237
(14) Commission of an act involving moral turpitude that 5,239
constitutes a misdemeanor in this state, regardless of the 5,241
jurisdiction in which the act was committed; 5,242
(15) Violation of the conditions of limitation placed by 5,244
the board upon a certificate to practice; 5,245
(16) Failure to pay license renewal fees specified in this 5,247
chapter; 5,248
(17) Except as authorized in section 4731.31 of the 5,250
Revised Code, engaging in the division of fees for referral of 5,252
patients, or the receiving of a thing of value in return for a 5,253
specific referral of a patient to utilize a particular service or 5,254
business;
(18) Subject to section 4731.226 of the Revised Code, 5,256
violation of any provision of a code of ethics of the American 5,258
medical association, the American osteopathic association, the 5,259
American podiatric medical association, or any other national 5,260
114
professional organizations that the board specifies by rule. The 5,262
state medical board shall obtain and keep on file current copies 5,263
of the codes of ethics of the various national professional 5,264
organizations. The individual whose certificate is being 5,265
suspended or revoked shall not be found to have violated any 5,267
provision of a code of ethics of an organization not appropriate 5,268
to the individual's profession. 5,269
For purposes of this division, a "provision of a code of 5,272
ethics of a national professional organization" does not include 5,273
any provision that would preclude the making of a report by a 5,274
physician of an employee's use of a drug of abuse, or of a 5,275
condition of an employee other than one involving the use of a 5,276
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 5,278
this division affects the immunity from civil liability conferred 5,279
by that section upon a physician who makes either type of report 5,280
in accordance with division (B) of that section. As used in this 5,281
division, "employee," "employer," and "physician" have the same 5,282
meanings as in section 2305.33 of the Revised Code. 5,283
(19) Inability to practice according to acceptable and 5,285
prevailing standards of care by reason of mental illness or 5,286
physical illness, including, but not limited to, physical 5,287
deterioration that adversely affects cognitive, motor, or 5,288
perceptive skills. 5,289
In enforcing this division, the board, upon a showing of a 5,292
possible violation, may compel any individual authorized to 5,293
practice by this chapter or who has submitted an application 5,295
pursuant to this chapter to submit to a mental examination, 5,297
physical examination, including an HIV test, or both a mental and 5,299
a physical examination. The expense of the examination is the 5,301
responsibility of the individual compelled to be examined. 5,302
Failure to submit to a mental or physical examination or consent 5,303
to an HIV test ordered by the board constitutes an admission of 5,304
the allegations against the individual unless the failure is due 5,306
115
to circumstances beyond the individual's control, and a default 5,307
and final order may be entered without the taking of testimony or 5,308
presentation of evidence. If the board finds an individual 5,309
unable to practice because of the reasons set forth in this 5,311
division, the board shall require the individual to submit to 5,312
care, counseling, or treatment by physicians approved or 5,313
designated by the board, as a condition for initial, continued, 5,314
reinstated, or renewed authority to practice. An individual 5,316
affected under this division shall be afforded an opportunity to 5,318
demonstrate to the board the ability to resume practice in 5,319
compliance with acceptable and prevailing standards under the 5,320
provisions of the individual's certificate. For the purpose of 5,322
this division, any individual who applies for or receives a 5,323
certificate to practice under this chapter accepts the privilege 5,324
of practicing in this state and, by so doing, shall be deemed to 5,327
have given consent to submit to a mental or physical examination 5,328
when directed to do so in writing by the board, and to have 5,329
waived all objections to the admissibility of testimony or 5,330
examination reports that constitute a privileged communication. 5,331
(20) Except when civil penalties are imposed under section 5,333
4731.225 or 4731.281 of the Revised Code, and subject to section 5,334
4731.226 of the Revised Code, violating or attempting to violate, 5,336
directly or indirectly, or assisting in or abetting the violation 5,337
of, or conspiring to violate, any provisions of this chapter or 5,338
any rule promulgated by the board.
This division does not apply to a violation or attempted 5,340
violation of, assisting in or abetting the violation of, or a 5,341
conspiracy to violate, any provision of this chapter or any rule 5,342
adopted by the board that would preclude the making of a report 5,345
by a physician of an employee's use of a drug of abuse, or of a 5,346
condition of an employee other than one involving the use of a 5,347
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 5,349
this division affects the immunity from civil liability conferred 5,350
116
by that section upon a physician who makes either type of report 5,351
in accordance with division (B) of that section. As used in this 5,352
division, "employee," "employer," and "physician" have the same 5,353
meanings as in section 2305.33 of the Revised Code. 5,354
(21) The violation of any abortion rule adopted by the 5,356
public health council pursuant to section 3701.341 of the Revised 5,357
Code; 5,358
(22) Any of the following actions taken by the state 5,360
agency responsible for regulating the practice of medicine and 5,361
surgery, osteopathic medicine and surgery, podiatry, or the 5,362
limited branches of medicine in another state, for any reason 5,363
other than the nonpayment of fees: the limitation, revocation, 5,364
or suspension of an individual's license to practice; acceptance 5,365
of an individual's license surrender; denial of a license; 5,366
refusal to renew or reinstate a license; imposition of probation; 5,368
or issuance of an order of censure or other reprimand; 5,369
(23) The violation of section 2919.12 of the Revised Code 5,371
or the performance or inducement of an abortion upon a pregnant 5,372
woman with actual knowledge that the conditions specified in 5,373
division (B) of section 2317.56 of the Revised Code have not been 5,374
satisfied or with a heedless indifference as to whether those 5,375
conditions have been satisfied, unless an affirmative defense as 5,376
specified in division (H)(2) of that section would apply in a 5,377
civil action authorized by division (H)(1) of that section; 5,378
(24) The revocation, suspension, restriction, reduction, 5,380
or termination of clinical privileges by the United States 5,382
department of defense or department of veterans affairs or the 5,384
termination or suspension of a certificate of registration to 5,385
prescribe drugs by the drug enforcement administration of the 5,386
United States department of justice; 5,387
(25) Termination or suspension from participation in the 5,389
medicare or medicaid programs by the department of health and 5,391
human services or other responsible agency for any act or acts 5,392
that also would constitute a violation of division (B)(2), (3), 5,393
117
(6), (8), or (19) of this section; 5,394
(26) Impairment of ability to practice according to 5,396
acceptable and prevailing standards of care because of habitual 5,397
or excessive use or abuse of drugs, alcohol, or other substances 5,398
that impair ability to practice. 5,399
For the purposes of this division, any individual 5,401
authorized to practice by this chapter accepts the privilege of 5,403
practicing in this state subject to supervision by the board. By 5,404
filing an application for or holding a certificate to practice 5,407
under this chapter, an individual shall be deemed to have given 5,409
consent to submit to a mental or physical examination when 5,410
ordered to do so by the board in writing, and to have waived all 5,411
objections to the admissibility of testimony or examination 5,412
reports that constitute privileged communications. 5,413
If it has reason to believe that any individual authorized 5,415
to practice by this chapter or any applicant for certification to 5,417
practice suffers such impairment, the board may compel the 5,418
individual to submit to a mental or physical examination, or 5,419
both. The expense of the examination is the responsibility of 5,421
the individual compelled to be examined. Any mental or physical 5,423
examination required under this division shall be undertaken by a 5,424
treatment provider or physician who is qualified to conduct the 5,425
examination and who is chosen by the board. 5,426
Failure to submit to a mental or physical examination 5,429
ordered by the board constitutes an admission of the allegations 5,430
against the individual unless the failure is due to circumstances 5,431
beyond the individual's control, and a default and final order 5,432
may be entered without the taking of testimony or presentation of 5,433
evidence. If the board determines that the individual's ability 5,434
to practice is impaired, the board shall suspend the individual's 5,435
certificate or deny the individual's application and shall 5,436
require the individual, as a condition for initial, continued, 5,437
reinstated, or renewed certification to practice, to submit to 5,439
treatment.
118
Before being eligible to apply for reinstatement of a 5,441
certificate suspended under this division, the impaired 5,443
practitioner shall demonstrate to the board the ability to resume 5,445
practice in compliance with acceptable and prevailing standards 5,446
of care under the provisions of the practitioner's certificate. 5,447
The demonstration shall include, but shall not be limited to, the 5,449
following:
(a) Certification from a treatment provider approved under 5,451
section 4731.25 of the Revised Code that the individual has 5,453
successfully completed any required inpatient treatment; 5,454
(b) Evidence of continuing full compliance with an 5,456
aftercare contract or consent agreement; 5,457
(c) Two written reports indicating that the individual's 5,459
ability to practice has been assessed and that the individual has 5,460
been found capable of practicing according to acceptable and 5,461
prevailing standards of care. The reports shall be made by 5,462
individuals or providers approved by the board for making the 5,463
assessments and shall describe the basis for their determination. 5,464
The board may reinstate a certificate suspended under this 5,467
division after that demonstration and after the individual has 5,468
entered into a written consent agreement. 5,469
When the impaired practitioner resumes practice, the board 5,471
shall require continued monitoring of the individual. The 5,473
monitoring shall include, but not be limited to, compliance with 5,475
the written consent agreement entered into before reinstatement 5,476
or with conditions imposed by board order after a hearing, and, 5,477
upon termination of the consent agreement, submission to the 5,478
board for at least two years of annual written progress reports 5,479
made under penalty of perjury stating whether the individual has 5,480
maintained sobriety. 5,481
(27) A second or subsequent violation of section 4731.66 5,483
or 4731.69 of the Revised Code; 5,484
(28) Except as provided in division (N) of this section: 5,486
(a) Waiving the payment of all or any part of a deductible 5,489
119
or copayment that a patient, pursuant to a health insurance or 5,490
health care policy, contract, or plan that covers the 5,491
individual's services, otherwise would be required to pay if the 5,493
waiver is used as an enticement to a patient or group of patients 5,494
to receive health care services from that individual; 5,495
(b) Advertising that the individual will waive the payment 5,498
of all or any part of a deductible or copayment that a patient, 5,499
pursuant to a health insurance or health care policy, contract, 5,500
or plan that covers the individual's services, otherwise would be 5,502
required to pay. 5,503
(29) Failure to use universal blood and body fluid 5,505
precautions established by rules adopted under section 4731.051 5,506
of the Revised Code; 5,507
(30) Failure of a collaborating physician to perform 5,509
FULFILL the responsibilities agreed to by the physician in the 5,511
protocol established between the physician and an advanced 5,512
practice nurse in accordance with PARTICIPATING IN A PILOT 5,513
PROGRAM UNDER section 4723.56 4723.52 of the Revised Code; 5,514
(31) Failure to provide notice to, and receive 5,516
acknowledgment of the notice from, a patient when required by 5,518
section 4731.143 of the Revised Code prior to providing 5,519
nonemergency professional services, or failure to maintain that 5,520
notice in the patient's file;
(32) Failure of a physician supervising a physician 5,522
assistant to maintain supervision in accordance with the 5,523
requirements of Chapter 4730. of the Revised Code and the rules 5,524
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain 5,526
ENTER INTO a standard care arrangement with a clinical nurse 5,528
specialist, certified nurse-midwife, or certified nurse 5,529
practitioner with whom the physician or podiatrist is in
collaboration pursuant to section 4731.27 of the Revised Code and 5,530
practice in accordance with the arrangement OR FAILURE TO FULFILL 5,532
THE RESPONSIBILITIES OF COLLABORATION AFTER ENTERING INTO A 5,533
120
STANDARD CARE ARRANGEMENT; 5,534
(34) Failure to comply with the terms of a consult 5,536
agreement entered into with a pharmacist pursuant to section 5,537
4729.39 of the Revised Code; 5,538
(35) Failure to cooperate in an investigation conducted by 5,540
the board under division (F) of this section, including failure 5,542
to comply with a subpoena or order issued by the board or failure 5,543
to answer truthfully a question presented by the board at a 5,544
deposition or in written interrogatories, except that failure to 5,545
cooperate with an investigation shall not constitute grounds for 5,546
discipline under this section if a court of competent 5,547
jurisdiction has issued an order that either quashes a subpoena 5,548
or permits the individual to withhold the testimony or evidence 5,549
in issue.
(C) Disciplinary actions taken by the board under 5,551
divisions (A) and (B) of this section shall be taken pursuant to 5,552
an adjudication under Chapter 119. of the Revised Code, except 5,553
that in lieu of an adjudication, the board may enter into a 5,554
consent agreement with an individual to resolve an allegation of 5,555
a violation of this chapter or any rule adopted under it. A 5,556
consent agreement, when ratified by an affirmative vote of not 5,557
fewer than six members of the board, shall constitute the 5,558
findings and order of the board with respect to the matter 5,559
addressed in the agreement. If the board refuses to ratify a 5,560
consent agreement, the admissions and findings contained in the 5,561
consent agreement shall be of no force or effect. 5,562
(D) For purposes of divisions (B)(10), (12), and (14) of 5,564
this section, the commission of the act may be established by a 5,565
finding by the board, pursuant to an adjudication under Chapter 5,567
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 5,570
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 5,573
The board has jurisdiction under those divisions if the trial 5,574
121
court issues an order of dismissal upon technical or procedural 5,575
grounds.
(E) The sealing of conviction records by any court shall 5,577
have no effect upon a prior board order entered under this 5,578
section or upon the board's jurisdiction to take action under 5,579
this section if, based upon a plea of guilty, a judicial finding 5,581
of guilt, or a judicial finding of eligibility for treatment in 5,582
lieu of conviction, the board issued a notice of opportunity for 5,583
a hearing prior to the court's order to seal the records. The 5,584
board shall not be required to seal, destroy, redact, or 5,585
otherwise modify its records to reflect the court's sealing of 5,586
conviction records. 5,587
(F)(1) The board shall investigate evidence that appears 5,589
to show that a person has violated any provision of this chapter 5,591
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 5,593
appears to show a violation of any provision of this chapter or 5,594
any rule adopted under it. In the absence of bad faith, any 5,596
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 5,598
of the Revised Code shall not be liable in damages in a civil 5,599
action as a result of the report or testimony. Each complaint or 5,601
allegation of a violation received by the board shall be assigned 5,602
a case number and shall be recorded by the board. 5,603
(2) Investigations of alleged violations of this chapter 5,605
or any rule adopted under it shall be supervised by the 5,607
supervising member elected by the board in accordance with 5,608
section 4731.02 of the Revised Code and by the secretary as 5,609
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 5,611
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 5,613
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 5,616
122
or any rule adopted under this chapter, the board may administer 5,618
oaths, order the taking of depositions, issue subpoenas, and 5,619
compel the attendance of witnesses and production of books, 5,620
accounts, papers, records, documents, and testimony, except that 5,621
a subpoena for patient record information shall not be issued 5,622
without consultation with the attorney general's office and 5,623
approval of the secretary and supervising member of the board. 5,625
Before issuance of a subpoena for patient record information, the 5,626
secretary and supervising member shall determine whether there is 5,629
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 5,630
the records sought are relevant to the alleged violation and 5,632
material to the investigation. The subpoena may apply only to 5,633
records that cover a reasonable period of time surrounding the 5,634
alleged violation. 5,635
On failure to comply with any subpoena issued by the board 5,638
and after reasonable notice to the person being subpoenaed, the 5,639
board may move for an order compelling the production of persons 5,640
or records pursuant to the Rules of Civil Procedure. 5,641
A subpoena issued by the board may be served by a sheriff, 5,643
the sheriff's deputy, or a board employee designated by the 5,644
board. Service of a subpoena issued by the board may be made by 5,646
delivering a copy of the subpoena to the person named therein, 5,647
reading it to the person, or leaving it at the person's usual 5,648
place of residence. When the person being served is a person 5,649
whose practice is authorized by this chapter, service of the 5,650
subpoena may be made by certified mail, restricted delivery, 5,651
return receipt requested, and the subpoena shall be deemed served 5,652
on the date delivery is made or the date the person refuses to 5,653
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 5,655
same fees as a sheriff. Each witness who appears before the 5,657
board in obedience to a subpoena shall receive the fees and 5,659
mileage provided for witnesses in civil cases in the courts of 5,660
123
common pleas.
(4) All hearings and investigations of the board shall be 5,662
considered civil actions for the purposes of section 2305.251 of 5,663
the Revised Code. 5,664
(5) Information received by the board pursuant to an 5,666
investigation is confidential and not subject to discovery in any 5,667
civil action. 5,668
The board shall conduct all investigations and proceedings 5,670
in a manner that protects the confidentiality of patients and 5,672
persons who file complaints with the board. The board shall not 5,674
make public the names or any other identifying information about 5,675
patients or complainants unless proper consent is given or, in 5,676
the case of a patient, a waiver of the patient privilege exists 5,677
under division (B) of section 2317.02 of the Revised Code, except 5,678
that consent or a waiver of that nature is not required if the 5,679
board possesses reliable and substantial evidence that no bona 5,681
fide physician-patient relationship exists. 5,682
The board may share any information it receives pursuant to 5,685
an investigation, including patient records and patient record 5,686
information, with other licensing boards and governmental 5,687
agencies that are investigating alleged professional misconduct 5,688
and with law enforcement agencies and other governmental agencies 5,690
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 5,691
the same requirements regarding confidentiality as those with 5,692
which the state medical board must comply, notwithstanding any 5,693
conflicting provision of the Revised Code or procedure of the 5,695
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 5,697
admitted into evidence in a criminal trial in accordance with the 5,698
Rules of Evidence, but the court shall require that appropriate 5,699
measures are taken to ensure that confidentiality is maintained 5,700
with respect to any part of the information that contains names 5,701
or other identifying information about patients or complainants
124
whose confidentiality was protected by the state medical board 5,702
when the information was in the board's possession. Measures to 5,703
ensure confidentiality that may be taken by the court include 5,704
sealing its records or deleting specific information from its 5,706
records.
(6) On a quarterly basis, the board shall prepare a report 5,708
that documents the disposition of all cases during the preceding 5,709
three months. The report shall contain the following information 5,710
for each case with which the board has completed its activities: 5,711
(a) The case number assigned to the complaint or alleged 5,713
violation; 5,714
(b) The type of certificate to practice, if any, held by 5,717
the individual against whom the complaint is directed; 5,718
(c) A description of the allegations contained in the 5,720
complaint; 5,721
(d) The disposition of the case. 5,723
The report shall state how many cases are still pending and 5,726
shall be prepared in a manner that protects the identity of each 5,728
person involved in each case. The report shall be a public 5,729
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 5,731
there is clear and convincing evidence that an individual has 5,733
violated division (B) of this section and that the individual's 5,734
continued practice presents a danger of immediate and serious 5,736
harm to the public, they may recommend that the board suspend the 5,737
individual's certificate to practice without a prior hearing. 5,739
Written allegations shall be prepared for consideration by the
board. 5,740
The board, upon review of those allegations and by an 5,742
affirmative vote of not fewer than six of its members, excluding 5,744
the secretary and supervising member, may suspend a certificate 5,745
without a prior hearing. A telephone conference call may be 5,746
utilized for reviewing the allegations and taking the vote on the 5,747
summary suspension. 5,748
125
The board shall issue a written order of suspension by 5,750
certified mail or in person in accordance with section 119.07 of 5,751
the Revised Code. The order shall not be subject to suspension 5,753
by the court during pendency of any appeal filed under section 5,754
119.12 of the Revised Code. If the individual subject to the 5,756
summary suspension requests an adjudicatory hearing by the board, 5,757
the date set for the hearing shall be within fifteen days, but 5,758
not earlier than seven days, after the individual requests the 5,760
hearing, unless otherwise agreed to by both the board and the 5,761
individual.
Any summary suspension imposed under this division shall 5,763
remain in effect, unless reversed on appeal, until a final 5,764
adjudicative order issued by the board pursuant to this section 5,765
and Chapter 119. of the Revised Code becomes effective. The 5,766
board shall issue its final adjudicative order within sixty days 5,767
after completion of its hearing. A failure to issue the order 5,768
within sixty days shall result in dissolution of the summary 5,769
suspension order but shall not invalidate any subsequent, final 5,770
adjudicative order. 5,771
(H) If the board takes action under division (B)(9), (11), 5,774
or (13) of this section and the judicial finding of guilt, guilty 5,775
plea, or judicial finding of eligibility for treatment in lieu of 5,776
conviction is overturned on appeal, upon exhaustion of the 5,778
criminal appeal, a petition for reconsideration of the order may 5,779
be filed with the board along with appropriate court documents. 5,780
Upon receipt of a petition of that nature and supporting court 5,781
documents, the board shall reinstate the individual's certificate 5,782
to practice. The board may then hold an adjudication under 5,783
Chapter 119. of the Revised Code to determine whether the 5,784
individual committed the act in question. Notice of an 5,786
opportunity for a hearing shall be given in accordance with 5,787
Chapter 119. of the Revised Code. If the board finds, pursuant 5,788
to an adjudication held under this division, that the individual 5,789
committed the act or if no hearing is requested, the board may 5,791
126
order any of the sanctions identified under division (B) of this 5,792
section.
(I) The certificate to practice issued to an individual 5,794
under this chapter and the individual's practice in this state 5,796
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 5,798
subject to a judicial finding of eligibility for intervention in 5,799
lieu of conviction in this state or treatment or intervention in 5,800
lieu of conviction in another state for any of the following 5,802
criminal offenses in this state or a substantially equivalent 5,804
criminal offense in another jurisdiction: aggravated murder, 5,805
murder, voluntary manslaughter, felonious assault, kidnapping, 5,806
rape, sexual battery, gross sexual imposition, aggravated arson, 5,807
aggravated robbery, or aggravated burglary. Continued practice 5,809
after suspension shall be considered practicing without a 5,810
certificate.
The board shall notify the individual subject to the 5,813
suspension by certified mail or in person in accordance with 5,814
section 119.07 of the Revised Code. If an individual whose 5,815
certificate is suspended under this division fails to make a 5,816
timely request for an adjudication under Chapter 119. of the 5,817
Revised Code, the board shall enter a final order permanently 5,818
revoking the individual's certificate to practice. 5,819
(J) If the board is required by Chapter 119. of the 5,822
Revised Code to give notice of an opportunity for a hearing and 5,823
if the individual subject to the notice does not timely request a 5,824
hearing in accordance with section 119.07 of the Revised Code, 5,826
the board is not required to hold a hearing, but may adopt, by an 5,827
affirmative vote of not fewer than six of its members, a final 5,829
order that contains the board's findings. In that final order, 5,830
the board may order any of the sanctions identified under 5,831
division (A) or (B) of this section. 5,832
(K) Any action taken by the board under division (B) of 5,834
this section resulting in a suspension from practice shall be 5,835
127
accompanied by a written statement of the conditions under which 5,836
the individual's certificate to practice may be reinstated. The 5,838
board shall adopt rules governing conditions to be imposed for 5,839
reinstatement. Reinstatement of a certificate suspended pursuant 5,840
to division (B) of this section requires an affirmative vote of 5,841
not fewer than six members of the board. 5,842
(L) When the board refuses to grant a certificate to an 5,845
applicant, revokes an individual's certificate to practice, 5,847
refuses to register an applicant, or refuses to reinstate an 5,848
individual's certificate to practice, the board may specify that 5,849
its action is permanent. An individual subject to a permanent 5,850
action taken by the board is forever thereafter ineligible to 5,851
hold a certificate to practice and the board shall not accept an 5,852
application for reinstatement of the certificate or for issuance 5,853
of a new certificate.
(M) Notwithstanding any other provision of the Revised 5,855
Code, all of the following apply: 5,856
(1) The surrender of a certificate issued under this 5,858
chapter shall not be effective unless or until accepted by the 5,860
board. Reinstatement of a certificate surrendered to the board 5,861
requires an affirmative vote of not fewer than six members of the 5,862
board.
(2) An application for a certificate made under the 5,865
provisions of this chapter may not be withdrawn without approval 5,867
of the board.
(3) Failure by an individual to renew a certificate of 5,870
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 5,872
under this section against the individual. 5,873
(N) Sanctions shall not be imposed under division (B)(28) 5,876
of this section against any person who waives deductibles and 5,877
copayments as follows:
(1) In compliance with the health benefit plan that 5,879
expressly allows such a practice. Waiver of the deductibles or 5,880
128
copayments shall be made only with the full knowledge and consent 5,881
of the plan purchaser, payer, and third-party administrator. 5,882
Documentation of the consent shall be made available to the board 5,883
upon request.
(2) For professional services rendered to any other person 5,885
authorized to practice pursuant to this chapter, to the extent 5,887
allowed by this chapter and rules adopted by the board. 5,888
(O) Under the board's investigative duties described in 5,890
this section and subject to division (F) of this section, the 5,892
board shall develop and implement a quality intervention program 5,894
designed to improve through remedial education the clinical and 5,896
communication skills of individuals authorized under this chapter 5,897
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 5,899
quality intervention program, the board may do all of the 5,900
following:
(1) Offer in appropriate cases as determined by the board 5,902
an educational and assessment program pursuant to an 5,903
investigation the board conducts under this section; 5,904
(2) Select providers of educational and assessment 5,906
services, including a quality intervention program panel of case 5,907
reviewers;
(3) Make referrals to educational and assessment service 5,910
providers and approve individual educational programs recommended 5,911
by those providers. The board shall monitor the progress of each 5,912
individual undertaking a recommended individual educational 5,913
program. 5,914
(4) Determine what constitutes successful completion of an 5,916
individual educational program and require further monitoring of 5,917
the individual who completed the program or other action that the 5,919
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 5,921
Revised Code to further implement the quality intervention 5,923
program.
129
An individual who participates in an individual educational 5,926
program pursuant to this division shall pay the financial 5,927
obligations arising from that educational program. 5,928
Sec. 4731.27. (A) As used in this section, 5,937
"collaboration," and "PHYSICIAN," "standard care arrangement," 5,939
AND "SUPERVISION" have the same meanings as in section 4723.02 of 5,940
the Revised Code. 5,941
(B) Except as provided in division (C)(1) of section 5,943
4723.431 of the Revised Code, a physician or podiatrist shall 5,945
enter into a standard care arrangement with a EACH clinical nurse 5,946
specialist, certified nurse-midwife, or certified nurse 5,947
practitioner with whom the physician or podiatrist is in 5,948
collaboration and practice. THE COLLABORATING PHYSICIAN OR 5,949
PODIATRIST SHALL FULFILL THE RESPONSIBILITIES OF COLLABORATION, 5,950
AS SPECIFIED IN THE ARRANGEMENT AND in accordance with the 5,951
arrangement DIVISION (A) OF SECTION 4723.431 OF THE REVISED CODE. 5,952
The A COPY OF THE standard care arrangement shall be retained on 5,953
file by the physician or podiatrist and nurse at the EACH site 5,955
where the nurse practices. Prior approval of the standard care 5,957
arrangement by the state medical board is not required, but the 5,958
board may periodically review it.
Nothing in this section DIVISION prohibits a hospital from 5,961
hiring a clinical nurse specialist, certified nurse-midwife, or 5,963
certified nurse practitioner as an employee and negotiating 5,964
standard care arrangements on behalf of the employee as necessary 5,965
to meet the requirements of this section. A standard care
arrangement between the hospital's employee and the employee's 5,966
collaborating physician is subject to approval by the medical 5,967
staff and governing body of the hospital prior to implementation 5,968
of the arrangement at the hospital.
(D) WITH RESPECT TO A CLINICAL NURSE SPECIALIST, CERTIFIED 5,971
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER PARTICIPATING IN 5,972
AN EXTERNSHIP PURSUANT TO AN INITIAL CERTIFICATE TO PRESCRIBE 5,973
ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE, THE PHYSICIAN 5,975
130
RESPONSIBLE FOR EVALUATING THE EXTERNSHIP SHALL PROVIDE THE STATE 5,976
MEDICAL BOARD WITH THE NAME OF THE NURSE. IF THE EXTERNSHIP IS 5,977
TERMINATED FOR ANY REASON, THE PHYSICIAN SHALL NOTIFY THE BOARD. 5,979
(D) A PHYSICIAN OR PODIATRIST SHALL COOPERATE WITH THE 5,981
BOARD OF NURSING IN ANY INVESTIGATION THE BOARD CONDUCTS WITH 5,983
RESPECT TO A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, 5,985
OR CERTIFIED NURSE PRACTITIONER WHO COLLABORATES WITH THE 5,986
PHYSICIAN OR PODIATRIST OR WITH RESPECT TO A CERTIFIED REGISTERED 5,988
NURSE ANESTHETIST WHO PRACTICES WITH THE SUPERVISION OF THE 5,989
PHYSICIAN OR PODIATRIST.
Section 2. That existing sections 2925.02, 2925.03, 5,991
2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 5,992
4723.02, 4723.04, 4723.06, 4723.08, 4723.151, 4723.28, 4723.41, 5,994
4723.42, 4723.43, 4723.431, 4723.44, 4723.47, 4723.48, 4723.52, 5,995
4723.561, 4723.58, 4723.59, 4729.01, 4729.51, 4731.22, and 5,997
4731.27 and sections 4723.51 and 5111.74 of the Revised Code are 5,998
hereby repealed.
Section 3. That Section 3 of Am. Sub. H.B. 478 of the 6,000
119th General Assembly, as most recently amended by Am. Sub. S.B. 6,001
154 of the 121st General Assembly, be amended to read as follows: 6,002
"Sec. 3. Sections 4723.51, 4723.52, 4723.53, 4723.54, 6,004
4723.55, 4723.56, 4723.561, 4723.562, 4723.563, 4723.57, 4723.58, 6,006
4723.59, and 4723.60 of the Revised Code are hereby repealed, 6,007
effective January 1, 2010 THREE YEARS AND EIGHT MONTHS AFTER THE 6,009
EFFECTIVE DATE OF THIS AMENDMENT."
Section 4. That existing Section 3 of Am. Sub. H.B. 478 of 6,011
the 119th General Assembly, as most recently amended by Am. Sub. 6,012
S.B. 154 of the 121st General Assembly, is hereby repealed. 6,013
Section 5. The amendment of Section 3 of Am. Sub. H.B. 478 6,015
of the 119th General Assembly, as most recently amended by Am. 6,016
Sub. S.B. 154 of the 121st General Assembly, concerning section 6,018
4723.51 of the Revised Code is intended to accelerate the repeal 6,019
of that section in accordance with its outright repeal by this 6,020
act.
131
Section 6. The amendment of sections 4723.52, 4723.58, and 6,022
4723.59 of the Revised Code is not intended to supersede the 6,023
earlier repeal, with delayed effective date, of those sections. 6,024