As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. H. B. No. 241  6            

      1999-2000                                                    7            


  REPRESENTATIVES HOLLISTER-WOMER BENJAMIN-GRENDELL-R. MILLER-     9            

  TERWILLEGER-OGG-OPFER-MEAD-JONES-SULZER-SUTTON-PERZ-WILLIAMS-    10           

ALLEN-HARTNETT-CALLENDER-D. MILLER-HOOD-YOUNG-BENDER-HOUSEHOLDER-  11           

   SMITH-CAREY-VAN VYVEN-SCHURING-OLMAN-PADGETT-MAIER-DePIERO-     12           

 BARNES-DAMSCHRODER-MOTTLEY-SCHULER-BUEHRER-CORBIN-BOYD-BARRETT-   13           

   SALERNO-GOODMAN-JERSE-FLANNERY-SYKES-WILSON-METELSKY-HEALY-     14           

     PERRY-KILBANE-SENATORS KEARNS-SPADA-PRENTISS-BLESSING-        15           

                           HAGAN-DRAKE                             16           


_________________________________________________________________   18           

                          A   B I L L                                           

             To amend sections 2925.02, 2925.03, 2925.11,          20           

                2925.12, 2925.14, 2925.23, 2925.36, 3719.06,       21           

                3719.81, 4723.02, 4723.04, 4723.06, 4723.08,                    

                4723.151, 4723.28, 4723.41, 4723.42, 4723.43,      23           

                4723.431, 4723.44, 4723.47, 4723.48, 4723.52,      24           

                4723.561, 4723.58, 4723.59, 4729.01, 4729.51,      26           

                4731.22, and 4731.27; to amend, for the purpose                 

                of adopting a new section number, as indicated in  27           

                parentheses, section 4723.48 (4723.17); to enact   28           

                new section 4723.48 and sections 4723.432,                      

                4723.481, 4723.482, 4723.483, 4723.484, 4723.485,  29           

                4723.49, 4723.491, 4723.492, 4723.50, 4723.562,                 

                and 4723.563; and to repeal sections 4723.51 and   32           

                5111.74 of the Revised Code and to amend Section   33           

                3 of Am. Sub. H.B. 478 of the 119th General        35           

                Assembly, as subsequently amended, to permit                    

                clinical nurse specialists, certified              36           

                nurse-midwives, and certified nurse practitioners  37           

                to prescribe drugs and therapeutic devices and to  38           

                accelerate termination of the advanced practice                 

                                                          2      


                                                                 
                nurse pilot programs.                              39           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        41           

      Section 1.  That sections 2925.02, 2925.03, 2925.11,         43           

2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4723.02,     44           

4723.04, 4723.06, 4723.08, 4723.151, 4723.28, 4723.41, 4723.42,    46           

4723.43, 4723.431, 4723.44, 4723.47, 4723.48, 4723.52, 4723.561,   48           

4723.58, 4723.59, 4729.01, 4729.51, 4731.22, and 4731.27 be        49           

amended; section 4723.48 (4723.17) be amended for the purpose of   50           

adopting a new section number as indicated in parentheses; and     51           

new section 4723.48 and sections 4723.432, 4723.481, 4723.482,     52           

4723.483, 4723.484, 4723.485, 4723.49, 4723.491, 4723.492,         53           

4723.50, 4723.562, and 4723.563 of the Revised Code be enacted to  55           

read as follows:                                                                

      Sec. 2925.02.  (A)  No person shall knowingly do any of the  64           

following:                                                         65           

      (1)  By force, threat, or deception, administer to another   67           

or induce or cause another to use a controlled substance;          68           

      (2)  By any means, administer or furnish to another or       70           

induce or cause another to use a controlled substance with         71           

purpose to cause serious physical harm to the other person, or     72           

with purpose to cause the other person to become drug dependent;   73           

      (3)  By any means, administer or furnish to another or       75           

induce or cause another to use a controlled substance, and         76           

thereby cause serious physical harm to the other person, or cause  77           

the other person to become drug dependent;                         78           

      (4)  By any means, do any of the following:                  80           

      (a)  Furnish or administer a controlled substance to a       82           

juvenile who is at least two years the offender's junior, when     84           

the offender knows the age of the juvenile or is reckless in that  85           

regard;                                                                         

      (b)  Induce or cause a juvenile who is at least two years    87           

the offender's junior to use a controlled substance, when the      89           

                                                          3      


                                                                 
offender knows the age of the juvenile or is reckless in that      90           

regard;                                                                         

      (c)  Induce or cause a juvenile who is at least two years    92           

the offender's junior to commit a felony drug abuse offense, when  94           

the offender knows the age of the juvenile or is reckless in that  95           

regard;                                                            96           

      (d)  Use a juvenile, whether or not the offender knows the   98           

age of the juvenile, to perform any surveillance activity that is  99           

intended to prevent the detection of the offender or any other     100          

person in the commission of a felony drug abuse offense or to      101          

prevent the arrest of the offender or any other person for the     102          

commission of a felony drug abuse offense.                         103          

      (B)  Division (A)(1), (3), or (4) of this section does not   105          

apply to manufacturers, wholesalers, licensed health               106          

professionals authorized to prescribe drugs, pharmacists, owners   108          

of pharmacies, and other persons whose conduct is in accordance    109          

with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the  111          

Revised Code or section 4723.56 of the Revised Code.                            

      (C)  Whoever violates this section is guilty of corrupting   113          

another with drugs.  The penalty for the offense shall be          114          

determined as follows:                                             115          

      (1)  Except as otherwise provided in this division, if the   117          

drug involved is any compound, mixture, preparation, or substance  119          

included in schedule I or II, with the exception of marihuana,     120          

corrupting another with drugs is a felony of the second degree,    121          

and, subject to division (E) of this section, the court shall      122          

impose as a mandatory prison term one of the prison terms          124          

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

involved is any compound, mixture, preparation, or substance       125          

included in schedule I or II, with the exception of marihuana,     126          

and if the offense was committed in the vicinity of a school,      127          

corrupting another with drugs is a felony of the first degree,     128          

and, subject to division (E) of this section, the court shall      129          

impose as a mandatory prison term one of the prison terms          130          

                                                          4      


                                                                 
prescribed for a felony of the first degree.                                    

      (2)  Except as otherwise provided in this division, if the   132          

drug involved is any compound, mixture, preparation, or substance  133          

included in schedule III, IV, or V, corrupting another with drugs  134          

is a felony of the second degree, and there is a presumption for   135          

a prison term for the offense.  If the drug involved is any        136          

compound, mixture, preparation, or substance included in schedule  137          

III, IV, or V and if the offense was committed in the vicinity of  138          

a school, corrupting another with drugs is a felony of the second  139          

degree, and the court shall impose as a mandatory prison term one  140          

of the prison terms prescribed for a felony of the second degree.  141          

      (3)  Except as otherwise provided in this division, if the   143          

drug involved is marihuana, corrupting another with drugs is a     145          

felony of the fourth degree, and division (C) of section 2929.13   146          

of the Revised Code applies in determining whether to impose a     147          

prison term on the offender.  If the drug involved is marihuana    148          

and if the offense was committed in the vicinity of a school,      149          

corrupting another with drugs is a felony of the third degree,     150          

and division (C) of section 2929.13 of the Revised Code applies    151          

in determining whether to impose a prison term on the offender.    152          

      (D)  In addition to any prison term authorized or required   154          

by division (C) or (E) of this section and sections 2929.13 and    155          

2929.14 of the Revised Code and in addition to any other sanction  156          

imposed for the offense under this section or sections 2929.11 to  157          

2929.18 of the Revised Code, the court that sentences an offender  159          

who is convicted of or pleads guilty to a violation of division    160          

(A) of this section or the clerk of that court shall do all of     161          

the following that are applicable regarding the offender:                       

      (1)(a)  If the violation is a felony of the first, second,   164          

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

mandatory fine specified for the offense under division (B)(1) of  165          

section 2929.18 of the Revised Code unless, as specified in that   166          

division, the court determines that the offender is indigent.      167          

      (b)  Notwithstanding any contrary provision of section       169          

                                                          5      


                                                                 
3719.21 of the Revised Code, any mandatory fine imposed pursuant   171          

to division (D)(1)(a) of this section and any fine imposed for a   172          

violation of this section pursuant to division (A) of section      173          

2929.18 of the Revised Code shall be paid by the clerk of the      174          

court in accordance with and subject to the requirements of, and   175          

shall be used as specified in, division (F) of section 2925.03 of  176          

the Revised Code.                                                               

      (c)  If a person is charged with any violation of this       178          

section that is a felony of the first, second, or third degree,    180          

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   181          

this section as if it were a fine imposed for a violation of this  183          

section.                                                                        

      (2)  The court either shall revoke or, if it does not        186          

revoke, shall suspend for not less than six months or more than    187          

five years, the driver's or commercial driver's license or permit  188          

of any person who is convicted of or pleads guilty to a violation  189          

of this section that is a felony of the first degree and shall     190          

suspend for not less than six months nor more than five years the  191          

driver's or commercial driver's license or permit of any person    192          

who is convicted of or pleads guilty to any other violation of     193          

this section.  If an offender's driver's or commercial driver's    194          

license or permit is revoked pursuant to this division, the        195          

offender, at any time after the expiration of two years from the   196          

day on which the offender's sentence was imposed or from the day   197          

on which the offender finally was released from a prison term      198          

under the sentence, whichever is later, may file a motion with     199          

the sentencing court requesting termination of the revocation.     200          

Upon the filing of the motion and the court's finding of good      202          

cause for the termination, the court may terminate the             203          

revocation.                                                                     

      (3)  If the offender is a professionally licensed person or  205          

a person who has been admitted to the bar by order of the supreme  206          

court in compliance with its prescribed and published rules, in    207          

                                                          6      


                                                                 
addition to any other sanction imposed for a violation of this     208          

section, the court forthwith shall comply with section 2925.38 of  209          

the Revised Code.                                                  210          

      (E)  Notwithstanding the prison term otherwise authorized    212          

or required for the offense under division (C) of this section     213          

and sections 2929.13 and 2929.14 of the Revised Code, if the       214          

violation of division (A) of this section involves the sale,       216          

offer to sell, or possession of a schedule I or II controlled      218          

substance, with the exception of marihuana, and if the court       220          

imposing sentence upon the offender finds that the offender as a   221          

result of the violation is a major drug offender and is guilty of  222          

a specification of the type described in section 2941.1410 of the  223          

Revised Code, the court, in lieu of the prison term that           224          

otherwise is authorized or required, shall impose upon the         226          

offender the mandatory prison term specified in division           227          

(D)(3)(a) of section 2929.14 of the Revised Code and may impose    228          

an additional prison term under division (D)(3)(b) of that         229          

section.                                                                        

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  238          

to sell a controlled substance.                                    239          

      (B)  This section does not apply to any of the following:    241          

      (1)  Manufacturers, licensed health professionals            243          

authorized to prescribe drugs, pharmacists, owners of pharmacies,  245          

and other persons whose conduct is in accordance with Chapters     246          

3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56    247          

of the Revised Code;                                                            

      (2)  If the offense involves an anabolic steroid, any        249          

person who is conducting or participating in a research project    250          

involving the use of an anabolic steroid if the project has been   251          

approved by the United States food and drug administration;        252          

      (3)  Any person who sells, offers for sale, prescribes,      254          

dispenses, or administers for livestock or other nonhuman species  255          

an anabolic steroid that is expressly intended for administration  256          

through implants to livestock or other nonhuman species and        257          

                                                          7      


                                                                 
approved for that purpose under the "Federal Food, Drug, and       258          

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  259          

and is sold, offered for sale, prescribed, dispensed, or           260          

administered for that purpose in accordance with that act.         261          

      (C)  Whoever violates division (A) of this section is        263          

guilty of one of the following:                                    264          

      (1)  If the drug involved in the violation is any compound,  267          

mixture, preparation, or substance included in schedule I or       268          

schedule II, with the exception of marihuana, cocaine, L.S.D.,     269          

heroin, and hashish, whoever violates division (A) of this         271          

section is guilty of aggravated trafficking in drugs.  The         272          

penalty for the offense shall be determined as follows:            273          

      (a)  Except as otherwise provided in division (C)(1)(b),     276          

(c), (d), (e), or (f) of this section, aggravated trafficking in   277          

drugs is a felony of the fourth degree, and division (C) of        279          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   281          

      (b)  Except as otherwise provided in division (C)(1)(c),     284          

(d), (e), or (f) of this section, if the offense was committed in  285          

the vicinity of a school or in the vicinity of a juvenile,         286          

aggravated trafficking in drugs is a felony of the third degree,   287          

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

in determining whether to impose a prison term on the offender.    288          

      (c)  Except as otherwise provided in this division, if the   290          

amount of the drug involved equals or exceeds the bulk amount but  292          

is less than five times the bulk amount, aggravated trafficking    294          

in drugs is a felony of the third degree, and the court shall      295          

impose as a mandatory prison term one of the prison terms          296          

prescribed for a felony of the third degree.  If the amount of     297          

the drug involved is within that range and if the offense was      298          

committed in the vicinity of a school or in the vicinity of a      299          

juvenile, aggravated trafficking in drugs is a felony of the       300          

second degree, and the court shall impose as a mandatory prison    301          

term one of the prison terms prescribed for a felony of the        302          

                                                          8      


                                                                 
second degree.                                                                  

      (d)  Except as otherwise provided in this division, if the   304          

amount of the drug involved equals or exceeds five times the bulk  306          

amount but is less than fifty times the bulk amount, aggravated    308          

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

court shall impose as a mandatory prison term one of the prison    309          

terms prescribed for a felony of the second degree.  If the        310          

amount of the drug involved is within that range and if the        311          

offense was committed in the vicinity of a school or in the        312          

vicinity of a juvenile, aggravated trafficking in drugs is a       313          

felony of the first degree, and the court shall impose as a        314          

mandatory prison term one of the prison terms prescribed for a     315          

felony of the first degree.                                        316          

      (e)  If the amount of the drug involved equals or exceeds    318          

fifty times the bulk amount but is less than one hundred times     320          

the bulk amount and regardless of whether the offense was          321          

committed in the vicinity of a school or in the vicinity of a      322          

juvenile, aggravated trafficking in drugs is a felony of the       323          

first degree, and the court shall impose as a mandatory prison     324          

term one of the prison terms prescribed for a felony of the first  325          

degree.                                                            326          

      (f)  If the amount of the drug involved equals or exceeds    328          

one hundred times the bulk amount and regardless of whether the    329          

offense was committed in the vicinity of a school or in the        330          

vicinity of a juvenile, aggravated trafficking in drugs is a       331          

felony of the first degree, the offender is a major drug           332          

offender, and the court shall impose as a mandatory prison term    334          

the maximum prison term prescribed for a felony of the first       335          

degree and may impose an additional prison term prescribed for a   336          

major drug offender under division (D)(3)(b) of section 2929.14    337          

of the Revised Code.                                               338          

      (2)  If the drug involved in the violation is any compound,  341          

mixture, preparation, or substance included in schedule III, IV,   342          

or V, whoever violates division (A) of this section is guilty of   343          

                                                          9      


                                                                 
trafficking in drugs.  The penalty for the offense shall be        344          

determined as follows:                                             345          

      (a)  Except as otherwise provided in division (C)(2)(b),     348          

(c), (d), or (e) of this section, trafficking in drugs is a        350          

felony of the fifth degree, and division (C) of section 2929.13    351          

of the Revised Code applies in determining whether to impose a     352          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     355          

(d), or (e) of this section, if the offense was committed in the   356          

vicinity of a school or in the vicinity of a juvenile,             357          

trafficking in drugs is a felony of the fourth degree, and         358          

division (C) of section 2929.13 of the Revised Code applies in     359          

determining whether to impose a prison term on the offender.       361          

      (c)  Except as otherwise provided in this division, if the   363          

amount of the drug involved equals or exceeds the bulk amount but  365          

is less than five times the bulk amount, trafficking in drugs is   367          

a felony of the fourth degree, and there is a presumption for a    368          

prison term for the offense.  If the amount of the drug involved   369          

is within that range and if the offense was committed in the       370          

vicinity of a school or in the vicinity of a juvenile,             371          

trafficking in drugs is a felony of the third degree, and there    372          

is a presumption for a prison term for the offense.                373          

      (d)  Except as otherwise provided in this division, if the   375          

amount of the drug involved equals or exceeds five times the bulk  377          

amount but is less than fifty times the bulk amount, trafficking   379          

in drugs is a felony of the third degree, and there is a           380          

presumption for a prison term for the offense.  If the amount of   381          

the drug involved is within that range and if the offense was      382          

committed in the vicinity of a school or in the vicinity of a      383          

juvenile, trafficking in drugs is a felony of the second degree,   384          

and there is a presumption for a prison term for the offense.      385          

      (e)  Except as otherwise provided in this division, if the   387          

amount of the drug involved equals or exceeds fifty times the      389          

bulk amount, trafficking in drugs is a felony of the second                     

                                                          10     


                                                                 
degree, and the court shall impose as a mandatory prison term one  391          

of the prison terms prescribed for a felony of the second degree.  392          

If the amount of the drug involved equals or exceeds fifty times   393          

the bulk amount and if the offense was committed in the vicinity   395          

of a school or in the vicinity of a juvenile, trafficking in       396          

drugs is a felony of the first degree, and the court shall impose  397          

as a mandatory prison term one of the prison terms prescribed for  398          

a felony of the first degree.                                      399          

      (3)  If the drug involved in the violation is marihuana or   401          

a compound, mixture, preparation, or substance containing          402          

marihuana other than hashish, whoever violates division (A) of     404          

this section is guilty of trafficking in marihuana.  The penalty   405          

for the offense shall be determined as follows:                    406          

      (a)  Except as otherwise provided in division (C)(3)(b),     409          

(c), (d), (e), (f), or (g) of this section, trafficking in         410          

marihuana is a felony of the fifth degree, and division (C) of     413          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   414          

      (b)  Except as otherwise provided in division (C)(3)(c),     417          

(d), (e), (f), or (g) of this section, if the offense was          419          

committed in the vicinity of a school or in the vicinity of a      420          

juvenile, trafficking in marihuana is a felony of the fourth       421          

degree, and division (C) of section 2929.13 of the Revised Code    422          

applies in determining whether to impose a prison term on the      423          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   425          

amount of the drug involved equals or exceeds two hundred grams    427          

but is less than one thousand grams, trafficking in marihuana is   429          

a felony of the fourth degree, and division (C) of section         430          

2929.13 of the Revised Code applies in determining whether to      432          

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  433          

the vicinity of a school or in the vicinity of a juvenile,         434          

trafficking in marihuana is a felony of the third degree, and      435          

                                                          11     


                                                                 
division (C) of section 2929.13 of the Revised Code applies in     436          

determining whether to impose a prison term on the offender.       438          

      (d)  Except as otherwise provided in this division, if the   440          

amount of the drug involved equals or exceeds one thousand grams   442          

but is less than five thousand grams, trafficking in marihuana is  444          

a felony of the third degree, and division (C) of section 2929.13  445          

of the Revised Code applies in determining whether to impose a     447          

prison term on the offender.  If the amount of the drug involved   448          

is within that range and if the offense was committed in the       449          

vicinity of a school or in the vicinity of a juvenile,             450          

trafficking in marihuana is a felony of the second degree, and     451          

there is a presumption that a prison term shall be imposed for     452          

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   454          

amount of the drug involved equals or exceeds five thousand grams  456          

but is less than twenty thousand grams, trafficking in marihuana   458          

is a felony of the third degree, and there is a presumption that   459          

a prison term shall be imposed for the offense.  If the amount of  460          

the drug involved is within that range and if the offense was      461          

committed in the vicinity of a school or in the vicinity of a      462          

juvenile, trafficking in marihuana is a felony of the second       463          

degree, and there is a presumption that a prison term shall be     464          

imposed for the offense.                                           465          

      (f)  Except as otherwise provided in this division, if the   467          

amount of the drug involved equals or exceeds twenty thousand      469          

grams, trafficking in marihuana is a felony of the second degree,  470          

and the court shall impose as a mandatory prison term the maximum  471          

prison term prescribed for a felony of the second degree.  If the  472          

amount of the drug involved equals or exceeds twenty thousand      473          

grams and if the offense was committed in the vicinity of a        475          

school or in the vicinity of a juvenile, trafficking in marihuana  476          

is a felony of the first degree, and the court shall impose as a   477          

mandatory prison term the maximum prison term prescribed for a     478          

felony of the first degree.                                        479          

                                                          12     


                                                                 
      (g)  Except as otherwise provided in this division, if the   482          

offense involves a gift of twenty grams or less of marihuana,      483          

trafficking in marihuana is a minor misdemeanor upon a first       484          

offense and a misdemeanor of the third degree upon a subsequent    485          

offense.  If the offense involves a gift of twenty grams or less   486          

of marihuana and if the offense was committed in the vicinity of   487          

a school or in the vicinity of a juvenile, trafficking in          488          

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   490          

compound, mixture, preparation, or substance containing cocaine,   491          

whoever violates division (A) of this section is guilty of         493          

trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             494          

      (a)  Except as otherwise provided in division (C)(4)(b),     497          

(c), (d), (e), (f), or (g) of this section, trafficking in         498          

cocaine is a felony of the fifth degree, and division (C) of       500          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   502          

      (b)  Except as otherwise provided in division (C)(4)(c),     505          

(d), (e), (f), or (g) of this section, if the offense was          506          

committed in the vicinity of a school or in the vicinity of a      508          

juvenile, trafficking in cocaine is a felony of the fourth         509          

degree, and division (C) of section 2929.13 of the Revised Code    510          

applies in determining whether to impose a prison term on the      512          

offender.                                                                       

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

amount of the drug involved equals or exceeds five grams but is    515          

less than ten grams of cocaine that is not crack cocaine or        518          

equals or exceeds one gram but is less than five grams of crack    520          

cocaine, trafficking in cocaine is a felony of the fourth degree,  521          

and there is a presumption for a prison term for the offense.  If  522          

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     524          

the vicinity of a juvenile, trafficking in cocaine is a felony of  525          

                                                          13     


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

for the offense.                                                   526          

      (d)  Except as otherwise provided in this division, if the   528          

amount of the drug involved equals or exceeds ten grams but is     529          

less than one hundred grams of cocaine that is not crack cocaine   531          

or equals or exceeds five grams but is less than ten grams of      532          

crack cocaine, trafficking in cocaine is a felony of the third     535          

degree, and the court shall impose as a mandatory prison term one  536          

of the prison terms prescribed for a felony of the third degree.   537          

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    539          

in the vicinity of a juvenile, trafficking in cocaine is a felony  542          

of the second degree, and the court shall impose as a mandatory    543          

prison term one of the prison terms prescribed for a felony of     544          

the second degree.                                                 545          

      (e)  Except as otherwise provided in this division, if the   547          

amount of the drug involved equals or exceeds one hundred grams    548          

but is less than five hundred grams of cocaine that is not crack   550          

cocaine or equals or exceeds ten grams but is less than            552          

twenty-five grams of crack cocaine, trafficking in cocaine is a    554          

felony of the second degree, and the court shall impose as a       555          

mandatory prison term one of the prison terms prescribed for a     556          

felony of the second degree.  If the amount of the drug involved   557          

is within one of those ranges and if the offense was committed in  559          

the vicinity of a school or in the vicinity of a juvenile,         560          

trafficking in cocaine is a felony of the first degree, and the    563          

court shall impose as a mandatory prison term one of the prison    564          

terms prescribed for a felony of the first degree.                 565          

      (f)  If the amount of the drug involved equals or exceeds    567          

five hundred grams but is less than one thousand grams of cocaine  570          

that is not crack cocaine or equals or exceeds twenty-five grams   571          

but is less than one hundred grams of crack cocaine and            572          

regardless of whether the offense was committed in the vicinity    574          

of a school or in the vicinity of a juvenile, trafficking in       576          

                                                          14     


                                                                 
cocaine is a felony of the first degree, and the court shall       577          

impose as a mandatory prison term one of the prison terms          578          

prescribed for a felony of the first degree.                       579          

      (g)  If the amount of the drug involved equals or exceeds    581          

one thousand grams of cocaine that is not crack cocaine or equals  583          

or exceeds one hundred grams of crack cocaine and regardless of    585          

whether the offense was committed in the vicinity of a school or   586          

in the vicinity of a juvenile, trafficking in cocaine is a felony  587          

of the first degree, the offender is a major drug offender, and    589          

the court shall impose as a mandatory prison term the maximum                   

prison term prescribed for a felony of the first degree and may    590          

impose an additional mandatory prison term prescribed for a major  591          

drug offender under division (D)(3)(b) of section 2929.14 of the   593          

Revised Code.                                                                   

      (5)  If the drug involved in the violation is L.S.D. or a    596          

compound, mixture, preparation, or substance containing L.S.D.,    597          

whoever violates division (A) of this section is guilty of         598          

trafficking in L.S.D.  The penalty for the offense shall be        600          

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     603          

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  605          

is a felony of the fifth degree, and division (C) of section       606          

2929.13 of the Revised Code applies in determining whether to      608          

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     611          

(d), (e), (f), or (g) of this section, if the offense was          612          

committed in the vicinity of a school or in the vicinity of a      613          

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  615          

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

in determining whether to impose a prison term on the offender.    616          

      (c)  Except as otherwise provided in this division, if the   618          

amount of the drug involved equals or exceeds ten unit doses but   620          

is less than fifty unit doses of L.S.D. in a solid form or equals  621          

or exceeds one gram but is less than five grams of L.S.D. in a     622          

                                                          15     


                                                                 
liquid concentrate, liquid extract, or liquid distillate form,     624          

trafficking in L.S.D. is a felony of the fourth degree, and there  627          

is a presumption for a prison term for the offense.  If the        628          

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

offense was committed in the vicinity of a school or in the        629          

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   631          

third degree, and there is a presumption for a prison term for     632          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   634          

amount of the drug involved equals or exceeds fifty unit doses     636          

but is less than two hundred fifty unit doses of L.S.D. in a       638          

solid form or equals or exceeds five grams but is less than        639          

twenty-five grams of L.S.D. in a liquid concentrate, liquid        641          

extract, or liquid distillate form, trafficking in L.S.D. is a     644          

felony of the third degree, and the court shall impose as a        645          

mandatory prison term one of the prison terms prescribed for a     646          

felony of the third degree.  If the amount of the drug involved    647          

is within that range and if the offense was committed in the       648          

vicinity of a school or in the vicinity of a juvenile,             649          

trafficking in L.S.D. is a felony of the second degree, and the    651          

court shall impose as a mandatory prison term one of the prison    652          

terms prescribed for a felony of the second degree.                             

      (e)  Except as otherwise provided in this division, if the   654          

amount of the drug involved equals or exceeds two hundred fifty    656          

unit doses but is less than one thousand unit doses of L.S.D. in   659          

a solid form or equals or exceeds twenty-five grams but is less    661          

than one hundred grams of L.S.D. in a liquid concentrate, liquid   663          

extract, or liquid distillate form, trafficking in L.S.D. is a     665          

felony of the second degree, and the court shall impose as a       666          

mandatory prison term one of the prison terms prescribed for a     667          

felony of the second degree.  If the amount of the drug involved   668          

is within that range and if the offense was committed in the       669          

vicinity of a school or in the vicinity of a juvenile,             670          

trafficking in L.S.D. is a felony of the first degree, and the     672          

                                                          16     


                                                                 
court shall impose as a mandatory prison term one of the prison    673          

terms prescribed for a felony of the first degree.                              

      (f)  If the amount of the drug involved equals or exceeds    675          

one thousand unit doses but is less than five thousand unit doses  678          

of L.S.D. in a solid form or equals or exceeds one hundred grams   680          

but is less than five hundred grams of L.S.D. in a liquid          682          

concentrate, liquid extract, or liquid distillate form and         684          

regardless of whether the offense was committed in the vicinity                 

of a school or in the vicinity of a juvenile, trafficking in       685          

L.S.D. is a felony of the first degree, and the court shall        687          

impose as a mandatory prison term one of the prison terms          688          

prescribed for a felony of the first degree.                       689          

      (g)  If the amount of the drug involved equals or exceeds    691          

five thousand unit doses of L.S.D. in a solid form or equals or    693          

exceeds five hundred grams of L.S.D. in a liquid concentrate,      695          

liquid extract, or liquid distillate form and regardless of        698          

whether the offense was committed in the vicinity of a school or   699          

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   702          

of the first degree, the offender is a major drug offender, and    703          

the court shall impose as a mandatory prison term the maximum      704          

prison term prescribed for a felony of the first degree and may    705          

impose an additional mandatory prison term prescribed for a major  706          

drug offender under division (D)(3)(b) of section 2929.14 of the   708          

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    710          

compound, mixture, preparation, or substance containing heroin,    711          

whoever violates division (A) of this section is guilty of         713          

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             714          

      (a)  Except as otherwise provided in division (C)(6)(b),     717          

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  719          

is a felony of the fifth degree, and division (C) of section       720          

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              722          

                                                          17     


                                                                 
      (b)  Except as otherwise provided in division (C)(6)(c),     725          

(d), (e), (f), or (g) of this section, if the offense was          726          

committed in the vicinity of a school or in the vicinity of a      729          

juvenile, trafficking in heroin is a felony of the fourth degree,  730          

and division (C) of section 2929.13 of the Revised Code applies    732          

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

      (c)  Except as otherwise provided in this division, if the   734          

amount of the drug involved equals or exceeds ten unit doses but   735          

is less than fifty unit doses or equals or exceeds one gram but    737          

is less than five grams, trafficking in heroin is a felony of the  739          

fourth degree, and there is a presumption for a prison term for    740          

the offense.  If the amount of the drug involved is within that    741          

range and if the offense was committed in the vicinity of a        742          

school or in the vicinity of a juvenile, trafficking in heroin is  743          

a felony of the third degree, and there is a presumption for a     744          

prison term for the offense.                                       745          

      (d)  Except as otherwise provided in this division, if the   747          

amount of the drug involved equals or exceeds fifty unit doses     748          

but is less than one hundred unit doses or equals or exceeds five  749          

grams but is less than ten grams, trafficking in heroin is a       751          

felony of the third degree, and there is a presumption for a       753          

prison term for the offense.  If the amount of the drug involved   754          

is within that range and if the offense was committed in the       755          

vicinity of a school or in the vicinity of a juvenile,             756          

trafficking in heroin is a felony of the second degree, and there  757          

is a presumption for a prison term for the offense.                758          

      (e)  Except as otherwise provided in this division, if the   760          

amount of the drug involved equals or exceeds one hundred unit     761          

doses but is less than five hundred unit doses or equals or        762          

exceeds ten grams but is less than fifty grams, trafficking in     764          

heroin is a felony of the second degree, and the court shall       766          

impose as a mandatory prison term one of the prison terms          767          

prescribed for a felony of the second degree.  If the amount of    768          

the drug involved is within that range and if the offense was      769          

                                                          18     


                                                                 
committed in the vicinity of a school or in the vicinity of a      770          

juvenile, trafficking in heroin is a felony of the first degree,   771          

and the court shall impose as a mandatory prison term one of the   772          

prison terms prescribed for a felony of the first degree.          773          

      (f)  If the amount of the drug involved equals or exceeds    775          

five hundred unit doses but is less than two thousand five         776          

hundred unit doses or equals or exceeds fifty grams but is less    778          

than two hundred fifty grams and regardless of whether the         780          

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

vicinity of a juvenile, trafficking in heroin is a felony of the   782          

first degree, and the court shall impose as a mandatory prison     783          

term one of the prison terms prescribed for a felony of the first  784          

degree.                                                                         

      (g)  If the amount of the drug involved equals or exceeds    786          

two thousand five hundred unit doses or equals or exceeds two      788          

hundred fifty grams and regardless of whether the offense was                   

committed in the vicinity of a school or in the vicinity of a      789          

juvenile, trafficking in heroin is a felony of the first degree,   791          

the offender is a major drug offender, and the court shall impose  792          

as a mandatory prison term the maximum prison term prescribed for  793          

a felony of the first degree and may impose an additional          794          

mandatory prison term prescribed for a major drug offender under   795          

division (D)(3)(b) of section 2929.14 of the Revised Code.         797          

      (7)  If the drug involved in the violation is hashish or a   799          

compound, mixture, preparation, or substance containing hashish,   800          

whoever violates division (A) of this section is guilty of         802          

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             803          

      (a)  Except as otherwise provided in division (C)(7)(b),     806          

(c), (d), (e), or (f) of this section, trafficking in hashish is   808          

a felony of the fifth degree, and division (C) of section 2929.13  809          

of the Revised Code applies in determining whether to impose a     811          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     814          

                                                          19     


                                                                 
(d), (e), or (f) of this section, if the offense was committed in  815          

the vicinity of a school or in the vicinity of a juvenile,         817          

trafficking in hashish is a felony of the fourth degree, and       818          

division (C) of section 2929.13 of the Revised Code applies in     819          

determining whether to impose a prison term on the offender.       820          

      (c)  Except as otherwise provided in this division, if the   822          

amount of the drug involved equals or exceeds ten grams but is     823          

less than fifty grams of hashish in a solid form or equals or      825          

exceeds two grams but is less than ten grams of hashish in a       827          

liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the fourth degree, and       829          

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

determining whether to impose a prison term on the offender.  If   830          

the amount of the drug involved is within that range and if the    832          

offense was committed in the vicinity of a school or in the        833          

vicinity of a juvenile, trafficking in hashish is a felony of the  834          

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

Code applies in determining whether to impose a prison term on     836          

the offender.                                                                   

      (d)  Except as otherwise provided in this division, if the   838          

amount of the drug involved equals or exceeds fifty grams but is   839          

less than two hundred fifty grams of hashish in a solid form or    841          

equals or exceeds ten grams but is less than fifty grams of        843          

hashish in a liquid concentrate, liquid extract, or liquid                      

distillate form, trafficking in hashish is a felony of the third   846          

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

applies in determining whether to impose a prison term on the      848          

offender.  If the amount of the drug involved is within that       849          

range and if the offense was committed in the vicinity of a        850          

school or in the vicinity of a juvenile, trafficking in hashish    851          

is a felony of the second degree, and there is a presumption that  853          

a prison term shall be imposed for the offense.                                 

      (e)  Except as otherwise provided in this division, if the   855          

amount of the drug involved equals or exceeds two hundred fifty    856          

                                                          20     


                                                                 
grams but is less than one thousand grams of hashish in a solid    858          

form or equals or exceeds fifty grams but is less than two         859          

hundred grams of hashish in a liquid concentrate, liquid extract,  860          

or liquid distillate form, trafficking in hashish is a felony of   862          

the third degree, and there is a presumption that a prison term    863          

shall be imposed for the offense.  If the amount of the drug       864          

involved is within that range and if the offense was committed in  865          

the vicinity of a school or in the vicinity of a juvenile,         866          

trafficking in hashish is a felony of the second degree, and       867          

there is a presumption that a prison term shall be imposed for     868          

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   870          

amount of the drug involved equals or exceeds one thousand grams   872          

of hashish in a solid form or equals or exceeds two hundred grams  873          

of hashish in a liquid concentrate, liquid extract, or liquid      874          

distillate form, trafficking in hashish is a felony of the second  876          

degree, and the court shall impose as a mandatory prison term the  877          

maximum prison term prescribed for a felony of the second degree.  878          

If the amount of the drug involved is within that range and if     881          

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  883          

first degree, and the court shall impose as a mandatory prison     884          

term the maximum prison term prescribed for a felony of the first  885          

degree.                                                                         

      (D)  In addition to any prison term authorized or required   888          

by division (C) of this section and sections 2929.13 and 2929.14   889          

of the Revised Code, and in addition to any other sanction         890          

imposed for the offense under this section or sections 2929.11 to  891          

2929.18 of the Revised Code, the court that sentences an offender  892          

who is convicted of or pleads guilty to a violation of division    893          

(A) of this section shall do all of the following that are         895          

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   898          

felony of the first, second, or third degree, the court shall      899          

                                                          21     


                                                                 
impose upon the offender the mandatory fine specified for the      900          

offense under division (B)(1) of section 2929.18 of the Revised    901          

Code unless, as specified in that division, the court determines   902          

that the offender is indigent.  Except as otherwise provided in    903          

division (H)(1) of this section, a mandatory fine or any other     904          

fine imposed for a violation of this section is subject to         905          

division (F) of this section.  If a person is charged with a       906          

violation of this section that is a felony of the first, second,   907          

or third degree, posts bail, and forfeits the bail, the clerk of   908          

the court shall pay the forfeited bail pursuant to divisions       910          

(D)(1) and (F) of this section, as if the forfeited bail was a     911          

fine imposed for a violation of this section.  If any amount of    912          

the forfeited bail remains after that payment and if a fine is     913          

imposed under division (H)(1) of this section, the clerk of the    914          

court shall pay the remaining amount of the forfeited bail         915          

pursuant to divisions (H)(2) and (3) of this section, as if that   916          

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

section.                                                           917          

      (2)  The court shall revoke or suspend the driver's or       919          

commercial driver's license or permit of the offender in           920          

accordance with division (G) of this section.                      921          

      (3)  If the offender is a professionally licensed person or  924          

a person who has been admitted to the bar by order of the supreme  925          

court in compliance with its prescribed and published rules, the   926          

court forthwith shall comply with section 2925.38 of the Revised   927          

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   930          

sell a bulk amount or a multiple of a bulk amount of a controlled  931          

substance, the jury, or the court trying the accused, shall        933          

determine the amount of the controlled substance involved at the   934          

time of the offense and, if a guilty verdict is returned, shall    935          

return the findings as part of the verdict.  In any such case, it  936          

is unnecessary to find and return the exact amount of the          937          

controlled substance involved, and it is sufficient if the                      

                                                          22     


                                                                 
finding and return is to the effect that the amount of the         938          

controlled substance involved is the requisite amount, or that     940          

the amount of the controlled substance involved is less than the   941          

requisite amount.                                                  942          

      (F)(1)  Notwithstanding any contrary provision of section    944          

3719.21 of the Revised Code and except as provided in division     945          

(H) of this section, the clerk of the court shall pay any          946          

mandatory fine imposed pursuant to division (D)(1) of this         947          

section and any fine other than a mandatory fine that is imposed   948          

for a violation of this section pursuant to division (A) or        949          

(B)(5) of section 2929.18 of the Revised Code to the county,       951          

township, municipal corporation, park district, as created         952          

pursuant to section 511.18 or 1545.04 of the Revised Code, or      953          

state law enforcement agencies in this state that primarily were   954          

responsible for or involved in making the arrest of, and in        955          

prosecuting, the offender.  However, the clerk shall not pay a     956          

mandatory fine so imposed to a law enforcement agency unless the   957          

agency has adopted a written internal control policy under         958          

division (F)(2) of this section that addresses the use of the      960          

fine moneys that it receives.  Each agency shall use the           962          

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

efforts that pertain to drug offenses, in accordance with the      964          

written internal control policy adopted by the recipient agency    965          

under division (F)(2) of this section.                             966          

      (2)(a)  Prior to receiving any fine moneys under division    968          

(F)(1) of this section or division (B)(5) of section 2925.42 of    969          

the Revised Code, a law enforcement agency shall adopt a written   970          

internal control policy that addresses the agency's use and        971          

disposition of all fine moneys so received and that provides for   972          

the keeping of detailed financial records of the receipts of       973          

those fine moneys, the general types of expenditures made out of   974          

those fine moneys, and the specific amount of each general type    975          

of expenditure.  The policy shall not provide for or permit the    976          

identification of any specific expenditure that is made in an      977          

                                                          23     


                                                                 
ongoing investigation.  All financial records of the receipts of   978          

those fine moneys, the general types of expenditures made out of   979          

those fine moneys, and the specific amount of each general type    980          

of expenditure by an agency are public records open for            981          

inspection under section 149.43 of the Revised Code.               982          

Additionally, a written internal control policy adopted under      983          

this division is such a public record, and the agency that         984          

adopted it shall comply with it.                                   985          

      (b)  Each law enforcement agency that receives in any        987          

calendar year any fine moneys under division (F)(1) of this        988          

section or division (B)(5) of section 2925.42 of the Revised Code  989          

shall prepare a report covering the calendar year that cumulates   990          

all of the information contained in all of the public financial    991          

records kept by the agency pursuant to division (F)(2)(a) of this  992          

section for that calendar year, and shall send a copy of the       993          

cumulative report, no later than the first day of March in the     994          

calendar year following the calendar year covered by the report,   995          

to the attorney general.  Each report received by the attorney     996          

general is a public record open for inspection under section       997          

149.43 of the Revised Code.  Not later than the fifteenth day of   999          

April in the calendar year in which the reports are received, the  1,000        

attorney general shall send to the president of the senate and     1,002        

the speaker of the house of representatives a written              1,003        

notification that does all of the following:                                    

      (i)  Indicates that the attorney general has received from   1,005        

law enforcement agencies reports of the type described in this     1,006        

division that cover the previous calendar year and indicates that  1,009        

the reports were received under this division;                     1,010        

      (ii)  Indicates that the reports are open for inspection     1,013        

under section 149.43 of the Revised Code;                          1,014        

      (iii)  Indicates that the attorney general will provide a    1,017        

copy of any or all of the reports to the president of the senate   1,018        

or the speaker of the house of representatives upon request.       1,019        

      (3)  As used in division (F) of this section:                1,022        

                                                          24     


                                                                 
      (a)  "Law enforcement agencies" includes, but is not         1,024        

limited to, the state board of pharmacy and the office of a        1,025        

prosecutor.                                                        1,026        

      (b)  "Prosecutor" has the same meaning as in section         1,028        

2935.01 of the Revised Code.                                       1,029        

      (G)  When required under division (D)(2) of this section,    1,033        

the court either shall revoke or, if it does not revoke, shall     1,034        

suspend for not less than six months or more than five years, the  1,035        

driver's or commercial driver's license or permit of any person    1,037        

who is convicted of or pleads guilty to a violation of this        1,039        

section that is a felony of the first degree and shall suspend     1,040        

for not less than six months or more than five years the driver's  1,042        

or commercial driver's license or permit of any person who is      1,044        

convicted of or pleads guilty to any other violation of this       1,045        

section.  If an offender's driver's or commercial driver's         1,046        

license or permit is revoked pursuant to this division, the        1,048        

offender, at any time after the expiration of two years from the   1,049        

day on which the offender's sentence was imposed or from the day   1,050        

on which the offender finally was released from a prison term      1,053        

under the sentence, whichever is later, may file a motion with     1,054        

the sentencing court requesting termination of the revocation;     1,055        

upon the filing of such a motion and the court's finding of good   1,056        

cause for the termination, the court may terminate the             1,057        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         1,060        

required by division (C) of this section and sections 2929.13 and  1,061        

2929.14 of the Revised Code, in addition to any other penalty or   1,063        

sanction imposed for the offense under this section or sections    1,064        

2929.11 to 2929.18 of the Revised Code, and in addition to the     1,065        

forfeiture of property in connection with the offense as           1,066        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,068        

the court that sentences an offender who is convicted of or        1,069        

pleads guilty to a violation of division (A) of this section may   1,070        

impose upon the offender an additional fine specified for the      1,071        

                                                          25     


                                                                 
offense in division (B)(4) of section 2929.18 of the Revised       1,073        

Code.  A fine imposed under division (H)(1) of this section is     1,075        

not subject to division (F) of this section and shall be used      1,076        

solely for the support of one or more eligible alcohol and drug    1,077        

addiction programs in accordance with divisions (H)(2) and (3) of  1,078        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  1,081        

this section shall specify in the judgment that imposes the fine   1,082        

one or more eligible alcohol and drug addiction programs for the   1,083        

support of which the fine money is to be used.  No alcohol and     1,084        

drug addiction program shall receive or use money paid or          1,085        

collected in satisfaction of a fine imposed under division (H)(1)  1,087        

of this section unless the program is specified in the judgment    1,088        

that imposes the fine.  No alcohol and drug addiction program      1,089        

shall be specified in the judgment unless the program is an        1,090        

eligible alcohol and drug addiction program and, except as         1,091        

otherwise provided in division (H)(2) of this section, unless the  1,093        

program is located in the county in which the court that imposes   1,094        

the fine is located or in a county that is immediately contiguous  1,095        

to the county in which that court is located.  If no eligible      1,096        

alcohol and drug addiction program is located in any of those      1,097        

counties, the judgment may specify an eligible alcohol and drug    1,098        

addiction program that is located anywhere within this state.      1,099        

      (3)  Notwithstanding any contrary provision of section       1,101        

3719.21 of the Revised Code, the clerk of the court shall pay any  1,103        

fine imposed under division (H)(1) of this section to the          1,104        

eligible alcohol and drug addiction program specified pursuant to  1,105        

division (H)(2) of this section in the judgment.  The eligible     1,106        

alcohol and drug addiction program that receives the fine moneys   1,107        

shall use the moneys only for the alcohol and drug addiction       1,108        

services identified in the application for certification under     1,109        

section 3793.06 of the Revised Code or in the application for a    1,110        

license under section 3793.11 of the Revised Code filed with the   1,112        

department of alcohol and drug addiction services by the alcohol                

                                                          26     


                                                                 
and drug addiction program specified in the judgment.              1,113        

      (4)  Each alcohol and drug addiction program that receives   1,115        

in a calendar year any fine moneys under division (H)(3) of this   1,117        

section shall file an annual report covering that calendar year    1,118        

with the court of common pleas and the board of county             1,119        

commissioners of the county in which the program is located, with  1,120        

the court of common pleas and the board of county commissioners    1,121        

of each county from which the program received the moneys if that  1,122        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,123        

addiction program shall file the report no later than the first    1,124        

day of March in the calendar year following the calendar year in   1,126        

which the program received the fine moneys.  The report shall      1,127        

include statistics on the number of persons served by the alcohol  1,128        

and drug addiction program, identify the types of alcohol and      1,129        

drug addiction services provided to those persons, and include a   1,130        

specific accounting of the purposes for which the fine moneys      1,131        

received were used.  No information contained in the report shall  1,132        

identify, or enable a person to determine the identity of, any     1,133        

person served by the alcohol and drug addiction program.  Each     1,134        

report received by a court of common pleas, a board of county      1,135        

commissioners, or the attorney general is a public record open     1,136        

for inspection under section 149.43 of the Revised Code.           1,137        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,139        

      (a)  "Alcohol and drug addiction program" and "alcohol and   1,142        

drug addiction services" have the same meanings as in section      1,143        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  1,146        

alcohol and drug addiction program that is certified under         1,147        

section 3793.06 of the Revised Code or licensed under section      1,148        

3793.11 of the Revised Code by the department of alcohol and drug  1,150        

addiction services.                                                             

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        1,159        

possess, or use a controlled substance.                            1,160        

                                                          27     


                                                                 
      (B)  This section does not apply to any of the following:    1,162        

      (1)  Manufacturers, licensed health professionals            1,164        

authorized to prescribe drugs, pharmacists, owners of pharmacies,  1,166        

and other persons whose conduct was in accordance with Chapters    1,167        

3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56    1,168        

of the Revised Code;                                                            

      (2)  If the offense involves an anabolic steroid, any        1,170        

person who is conducting or participating in a research project    1,171        

involving the use of an anabolic steroid if the project has been   1,172        

approved by the United States food and drug administration;        1,173        

      (3)  Any person who sells, offers for sale, prescribes,      1,175        

dispenses, or administers for livestock or other nonhuman species  1,176        

an anabolic steroid that is expressly intended for administration  1,177        

through implants to livestock or other nonhuman species and        1,178        

approved for that purpose under the "Federal Food, Drug, and       1,179        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  1,180        

and is sold, offered for sale, prescribed, dispensed, or           1,181        

administered for that purpose in accordance with that act;         1,182        

      (4)  Any person who obtained the controlled substance        1,184        

pursuant to a prescription issued by a licensed health             1,185        

professional authorized to prescribe drugs.                        1,186        

      (C)  Whoever violates division (A) of this section is        1,188        

guilty of one of the following:                                    1,189        

      (1)  If the drug involved in the violation is a compound,    1,191        

mixture, preparation, or substance included in schedule I or II,   1,192        

with the exception of marihuana, cocaine, L.S.D., heroin, and      1,195        

hashish, whoever violates division (A) of this section is guilty   1,196        

of aggravated possession of drugs.  The penalty for the offense    1,197        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     1,200        

(c), (d), or (e) of this section, aggravated possession of drugs   1,201        

is a felony of the fifth degree, and division (B) of section       1,202        

2929.13 of the Revised Code applies in determining whether to      1,203        

impose a prison term on the offender.                                           

                                                          28     


                                                                 
      (b)  If the amount of the drug involved equals or exceeds    1,205        

the bulk amount but is less than five times the bulk amount,       1,207        

aggravated possession of drugs is a felony of the third degree,    1,208        

and there is a presumption for a prison term for the offense.      1,209        

      (c)  If the amount of the drug involved equals or exceeds    1,211        

five times the bulk amount but is less than fifty times the bulk   1,214        

amount, aggravated possession of drugs is a felony of the second   1,215        

degree, and the court shall impose as a mandatory prison term one  1,216        

of the prison terms prescribed for a felony of the second degree.  1,217        

      (d)  If the amount of the drug involved equals or exceeds    1,219        

fifty times the bulk amount but is less than one hundred times     1,221        

the bulk amount, aggravated possession of drugs is a felony of     1,223        

the first degree, and the court shall impose as a mandatory        1,224        

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

the first degree.                                                  1,225        

      (e)  If the amount of the drug involved equals or exceeds    1,227        

one hundred times the bulk amount, aggravated possession of drugs  1,229        

is a felony of the first degree, the offender is a major drug      1,230        

offender, and the court shall impose as a mandatory prison term    1,231        

the maximum prison term prescribed for a felony of the first       1,232        

degree and may impose an additional mandatory prison term          1,233        

prescribed for a major drug offender under division (D)(3)(b) of   1,234        

section 2929.14 of the Revised Code.                                            

      (2)  If the drug involved in the violation is a compound,    1,236        

mixture, preparation, or substance included in schedule III, IV,   1,238        

or V, whoever violates division (A) of this section is guilty of   1,240        

possession of drugs.  The penalty for the offense shall be         1,241        

determined as follows:                                             1,242        

      (a)  Except as otherwise provided in division (C)(2)(b),     1,245        

(c), or (d) of this section, possession of drugs is a misdemeanor  1,246        

of the third degree or, if the offender previously has been        1,247        

convicted of a drug abuse offense, a misdemeanor of the second     1,248        

degree.  If the drug involved in the violation is an anabolic      1,249        

steroid included in schedule III and if the offense is a           1,250        

                                                          29     


                                                                 
misdemeanor of the third degree under this division, in lieu of    1,251        

sentencing the offender to a term of imprisonment in a detention   1,252        

facility, the court may place the offender on conditional          1,253        

probation pursuant to division (F) of section 2951.02 of the       1,255        

Revised Code.                                                      1,256        

      (b)  If the amount of the drug involved equals or exceeds    1,258        

the bulk amount but is less than five times the bulk amount,       1,260        

possession of drugs is a felony of the fourth degree, and          1,261        

division (C) of section 2929.13 of the Revised Code applies in     1,262        

determining whether to impose a prison term on the offender.       1,263        

      (c)  If the amount of the drug involved equals or exceeds    1,265        

five times the bulk amount but is less than fifty times the bulk   1,268        

amount, possession of drugs is a felony of the third degree, and   1,269        

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

      (d)  If the amount of the drug involved equals or exceeds    1,271        

fifty times the bulk amount, possession of drugs is a felony of    1,272        

the second degree, and the court shall impose upon the offender    1,273        

as a mandatory prison term one of the prison terms prescribed for  1,274        

a felony of the second degree.                                     1,275        

      (3)  If the drug involved in the violation is marihuana or   1,277        

a compound, mixture, preparation, or substance containing          1,278        

marihuana other than hashish, whoever violates division (A) of     1,280        

this section is guilty of possession of marihuana.  The penalty    1,281        

for the offense shall be determined as follows:                    1,282        

      (a)  Except as otherwise provided in division (C)(3)(b),     1,285        

(c), (d), (e), or (f) of this section, possession of marihuana is  1,286        

a minor misdemeanor.                                               1,287        

      (b)  If the amount of the drug involved equals or exceeds    1,290        

one hundred grams but is less than two hundred grams, possession   1,292        

of marihuana is a misdemeanor of the fourth degree.                1,293        

      (c)  If the amount of the drug involved equals or exceeds    1,295        

two hundred grams but is less than one thousand grams, possession  1,298        

of marihuana is a felony of the fifth degree, and division (B) of  1,299        

section 2929.13 of the Revised Code applies in determining                      

                                                          30     


                                                                 
whether to impose a prison term on the offender.                   1,301        

      (d)  If the amount of the drug involved equals or exceeds    1,303        

one thousand grams but is less than five thousand grams,           1,305        

possession of marihuana is a felony of the third degree, and       1,306        

division (C) of section 2929.13 of the Revised Code applies in     1,307        

determining whether to impose a prison term on the offender.       1,308        

      (e)  If the amount of the drug involved equals or exceeds    1,310        

five thousand grams but is less than twenty thousand grams,        1,312        

possession of marihuana is a felony of the third degree, and       1,313        

there is a presumption that a prison term shall be imposed for     1,314        

the offense.                                                       1,315        

      (f)  If the amount of the drug involved equals or exceeds    1,317        

twenty thousand grams, possession of marihuana is a felony of the  1,318        

second degree, and the court shall impose as a mandatory prison    1,319        

term the maximum prison term prescribed for a felony of the        1,320        

second degree.                                                     1,321        

      (4)  If the drug involved in the violation is cocaine or a   1,324        

compound, mixture, preparation, or substance containing cocaine,   1,325        

whoever violates division (A) of this section is guilty of         1,326        

possession of cocaine.  The penalty for the offense shall be       1,327        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     1,330        

(c), (d), (e), or (f) of this section, possession of cocaine is a  1,331        

felony of the fifth degree, and division (B) of section 2929.13    1,332        

of the Revised Code applies in determining whether to impose a     1,333        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved equals or exceeds    1,335        

five grams but is less than twenty-five grams of cocaine that is   1,337        

not crack cocaine or equals or exceeds one gram but is less than   1,338        

five grams of crack cocaine, possession of cocaine is a felony of  1,340        

the fourth degree, and there is a presumption for a prison term    1,341        

for the offense.                                                                

      (c)  If the amount of the drug involved equals or exceeds    1,343        

twenty-five grams but is less than one hundred grams of cocaine    1,346        

                                                          31     


                                                                 
that is not crack cocaine or equals or exceeds five grams but is   1,347        

less than ten grams of crack cocaine, possession of cocaine is a   1,349        

felony of the third degree, and the court shall impose as a        1,350        

mandatory prison term one of the prison terms prescribed for a     1,351        

felony of the third degree.                                                     

      (d)  If the amount of the drug involved equals or exceeds    1,353        

one hundred grams but is less than five hundred grams of cocaine   1,356        

that is not crack cocaine or equals or exceeds ten grams but is    1,357        

less than twenty-five grams of crack cocaine, possession of        1,359        

cocaine is a felony of the second degree, and the court shall      1,361        

impose as a mandatory prison term one of the prison terms          1,362        

prescribed for a felony of the second degree.                                   

      (e)  If the amount of the drug involved equals or exceeds    1,364        

five hundred grams but is less than one thousand grams of cocaine  1,367        

that is not crack cocaine or equals or exceeds twenty-five grams   1,368        

but is less than one hundred grams of crack cocaine, possession    1,370        

of cocaine is a felony of the first degree, and the court shall    1,372        

impose as a mandatory prison term one of the prison terms          1,373        

prescribed for a felony of the first degree.                                    

      (f)  If the amount of the drug involved equals or exceeds    1,375        

one thousand grams of cocaine that is not crack cocaine or equals  1,377        

or exceeds one hundred grams of crack cocaine, possession of       1,378        

cocaine is a felony of the first degree, the offender is a major   1,379        

drug offender, and the court shall impose as a mandatory prison    1,380        

term the maximum prison term prescribed for a felony of the first  1,381        

degree and may impose an additional mandatory prison term          1,382        

prescribed for a major drug offender under division (D)(3)(b) of   1,384        

section 2929.14 of the Revised Code.                               1,385        

      (5)  If the drug involved in the violation is L.S.D.,        1,388        

whoever violates division (A) of this section is guilty of         1,389        

possession of L.S.D.  The penalty for the offense shall be         1,391        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,394        

(c), (d), (e), or (f) of this section, possession of L.S.D. is a                

                                                          32     


                                                                 
felony of the fifth degree, and division (B) of section 2929.13    1,395        

of the Revised Code applies in determining whether to impose a     1,396        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved equals or exceeds ten  1,398        

unit doses but is less than fifty unit doses of L.S.D. in a solid  1,400        

form or equals or exceeds one gram but is less than five grams of  1,401        

L.S.D. in a liquid concentrate, liquid extract, or liquid          1,402        

distillate form, possession of L.S.D. is a felony of the fourth    1,404        

degree, and division (C) of section 2929.13 of the Revised Code    1,405        

applies in determining whether to impose a prison term on the      1,406        

offender.                                                                       

      (c)  If the amount of L.S.D. involved equals or exceeds      1,409        

fifty unit doses, but is less than two hundred fifty unit doses    1,410        

of L.S.D. in a solid form or equals or exceeds five grams but is   1,412        

less than twenty-five grams of L.S.D. in a liquid concentrate,     1,413        

liquid extract, or liquid distillate form, possession of L.S.D.    1,414        

is a felony of the third degree, and there is a presumption for a  1,415        

prison term for the offense.                                                    

      (d)  If the amount of L.S.D. involved equals or exceeds two  1,418        

hundred fifty unit doses but is less than one thousand unit doses  1,420        

of L.S.D. in a solid form or equals or exceeds twenty-five grams   1,422        

but is less than one hundred grams of L.S.D. in a liquid           1,423        

concentrate, liquid extract, or liquid distillate form,            1,424        

possession of L.S.D. is a felony of the second degree, and the     1,426        

court shall impose as a mandatory prison term one of the prison    1,427        

terms prescribed for a felony of the second degree.                1,428        

      (e)  If the amount of L.S.D. involved equals or exceeds one  1,431        

thousand unit doses but is less than five thousand unit doses of   1,433        

L.S.D. in a solid form or equals or exceeds one hundred grams but  1,434        

is less than five hundred grams of L.S.D. in a liquid              1,436        

concentrate, liquid extract, or liquid distillate form,            1,437        

possession of L.S.D. is a felony of the first degree, and the      1,438        

court shall impose as a mandatory prison term one of the prison    1,439        

terms prescribed for a felony of the first degree.                              

                                                          33     


                                                                 
      (f)  If the amount of L.S.D. involved equals or exceeds      1,442        

five thousand unit doses of L.S.D. in a solid form or equals or    1,444        

exceeds five hundred grams of L.S.D. in a liquid concentrate,      1,446        

liquid extract, or liquid distillate form, possession of L.S.D.    1,447        

is a felony of the first degree, the offender is a major drug      1,448        

offender, and the court shall impose as a mandatory prison term    1,450        

the maximum prison term prescribed for a felony of the first       1,451        

degree and may impose an additional mandatory prison term          1,452        

prescribed for a major drug offender under division (D)(3)(b) of   1,453        

section 2929.14 of the Revised Code.                               1,454        

      (6)  If the drug involved in the violation is heroin or a    1,456        

compound, mixture, preparation, or substance containing heroin,    1,457        

whoever violates division (A) of this section is guilty of         1,459        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             1,460        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,463        

(c), (d), (e), or (f) of this section, possession of heroin is a   1,464        

felony of the fifth degree, and division (B) of section 2929.13    1,465        

of the Revised Code applies in determining whether to impose a     1,466        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved equals or exceeds    1,468        

ten unit doses but is less than fifty unit doses or equals or      1,469        

exceeds one gram but is less than five grams, possession of        1,471        

heroin is a felony of the fourth degree, and division (C) of       1,472        

section 2929.13 of the Revised Code applies in determining         1,473        

whether to impose a prison term on the offender.                   1,474        

      (c)  If the amount of the drug involved equals or exceeds    1,476        

fifty unit doses but is less than one hundred unit doses or        1,477        

equals or exceeds five grams but is less than ten grams,           1,478        

possession of heroin is a felony of the third degree, and there    1,480        

is a presumption for a prison term for the offense.                1,481        

      (d)  If the amount of the drug involved equals or exceeds    1,483        

one hundred unit doses but is less than five hundred unit doses    1,484        

or equals or exceeds ten grams but is less than fifty grams,       1,485        

                                                          34     


                                                                 
possession of heroin is a felony of the second degree, and the     1,487        

court shall impose as a mandatory prison term one of the prison    1,488        

terms prescribed for a felony of the second degree.                1,489        

      (e)  If the amount of the drug involved equals or exceeds    1,491        

five hundred unit doses but is less than two thousand five         1,492        

hundred unit doses or equals or exceeds fifty grams but is less    1,494        

than two hundred fifty grams, possession of heroin is a felony of  1,496        

the first degree, and the court shall impose as a mandatory        1,497        

prison term one of the prison terms prescribed for a felony of     1,498        

the first degree.                                                               

      (f)  If the amount of the drug involved equals or exceeds    1,500        

two thousand five hundred unit doses or equals or exceeds two      1,502        

hundred fifty grams, possession of heroin is a felony of the                    

first degree, the offender is a major drug offender, and the       1,503        

court shall impose as a mandatory prison term the maximum prison   1,505        

term prescribed for a felony of the first degree and may impose    1,506        

an additional mandatory prison term prescribed for a major drug    1,507        

offender under division (D)(3)(b) of section 2929.14 of the        1,508        

Revised Code.                                                      1,509        

      (7)  If the drug involved in the violation is hashish or a   1,511        

compound, mixture, preparation, or substance containing hashish,   1,512        

whoever violates division (A) of this section is guilty of         1,514        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             1,515        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,518        

(c), (d), (e), or (f) of this section, possession of hashish is a  1,519        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    1,521        

five grams but is less than ten grams of hashish in a solid form   1,523        

or equals or exceeds one gram but is less than two grams of        1,525        

hashish in a liquid concentrate, liquid extract, or liquid         1,526        

distillate form, possession of hashish is a misdemeanor of the     1,527        

fourth degree.                                                                  

      (c)  If the amount of the drug involved equals or exceeds    1,529        

                                                          35     


                                                                 
ten grams but is less than fifty grams of hashish in a solid form  1,531        

or equals or exceeds two grams but is less than ten grams of       1,532        

hashish in a liquid concentrate, liquid extract, or liquid         1,534        

distillate form, possession of hashish is a felony of the fifth    1,535        

degree, and division (B) of section 2929.13 of the Revised Code    1,536        

applies in determining whether to impose a prison term on the      1,538        

offender.                                                                       

      (d)  If the amount of the drug involved equals or exceeds    1,540        

fifty grams but is less than two hundred fifty grams of hashish    1,542        

in a solid form or equals or exceeds ten grams but is less than    1,544        

fifty grams of hashish in a liquid concentrate, liquid extract,    1,545        

or liquid distillate form, possession of hashish is a felony of    1,546        

the third degree, and division (C) of section 2929.13 of the       1,547        

Revised Code applies in determining whether to impose a prison     1,548        

term on the offender.                                                           

      (e)  If the amount of the drug involved equals or exceeds    1,550        

two hundred fifty grams but is less than one thousand grams of     1,552        

hashish in a solid form or equals or exceeds fifty grams but is    1,554        

less than two hundred grams of hashish in a liquid concentrate,    1,555        

liquid extract, or liquid distillate form, possession of hashish   1,556        

is a felony of the third degree, and there is a presumption that   1,557        

a prison term shall be imposed for the offense.                                 

      (f)  If the amount of the drug involved equals or exceeds    1,559        

one thousand grams of hashish in a solid form or equals or         1,560        

exceeds two hundred grams of hashish in a liquid concentrate,      1,562        

liquid extract, or liquid distillate form, possession of hashish   1,563        

is a felony of the second degree, and the court shall impose as a  1,564        

mandatory prison term the maximum prison term prescribed for a     1,565        

felony of the second degree.                                       1,566        

      (D)  Arrest or conviction for a minor misdemeanor violation  1,568        

of this section does not constitute a criminal record and need     1,569        

not be reported by the person so arrested or convicted in          1,570        

response to any inquiries about the person's criminal record,      1,571        

including any inquiries contained in any application for           1,572        

                                                          36     


                                                                 
employment, license, or other right or privilege, or made in       1,573        

connection with the person's appearance as a witness.              1,574        

      (E)  In addition to any prison term authorized or required   1,577        

by division (C) of this section and sections 2929.13 and 2929.14   1,578        

of the Revised Code and in addition to any other sanction that is  1,579        

imposed for the offense under this section or sections 2929.11 to  1,580        

2929.18 of the Revised Code, the court that sentences an offender  1,583        

who is convicted of or pleads guilty to a violation of division    1,584        

(A) of this section shall do all of the following that are         1,585        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   1,588        

or third degree, the court shall impose upon the offender the      1,589        

mandatory fine specified for the offense under division (B)(1) of  1,590        

section 2929.18 of the Revised Code unless, as specified in that   1,591        

division, the court determines that the offender is indigent.      1,592        

      (b)  Notwithstanding any contrary provision of section       1,594        

3719.21 of the Revised Code, the clerk of the court shall pay a    1,596        

mandatory fine or other fine imposed for a violation of this       1,597        

section pursuant to division (A) of section 2929.18 of the         1,598        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       1,599        

agency that receives the fine shall use the fine as specified in   1,600        

division (F) of section 2925.03 of the Revised Code.               1,601        

      (c)  If a person is charged with a violation of this         1,603        

section that is a felony of the first, second, or third degree,    1,604        

posts bail, and forfeits the bail, the clerk shall pay the         1,605        

forfeited bail pursuant to division (E)(1)(b) of this section as   1,606        

if it were a mandatory fine imposed under division (E)(1)(a) of    1,607        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    1,609        

or more than five years the driver's or commercial driver's        1,610        

license or permit of any person who is convicted of or has         1,611        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  1,613        

                                                          37     


                                                                 
a person who has been admitted to the bar by order of the supreme  1,615        

court in compliance with its prescribed and published rules, in    1,616        

addition to any other sanction imposed for a violation of this     1,617        

section, the court forthwith shall comply with section 2925.38 of  1,618        

the Revised Code.                                                               

      (F)  It is an affirmative defense, as provided in section    1,620        

2901.05 of the Revised Code, to a charge of a fourth degree        1,621        

felony violation under this section that the controlled substance  1,622        

that gave rise to the charge is in an amount, is in a form, is     1,625        

prepared, compounded, or mixed with substances that are not        1,627        

controlled substances in a manner, or is possessed under any       1,628        

other circumstances, that indicate that the substance was          1,629        

possessed solely for personal use.  Notwithstanding any contrary   1,631        

provision of this section, if, in accordance with section 2901.05  1,632        

of the Revised Code, an accused who is charged with a fourth       1,633        

degree felony violation of division (C)(2), (4), (5), or (6) of    1,634        

this section sustains the burden of going forward with evidence    1,635        

of and establishes by a preponderance of the evidence the          1,636        

affirmative defense described in this division, the accused may    1,637        

be prosecuted for and may plead guilty to or be convicted of a     1,638        

misdemeanor violation of division (C)(2) of this section or a      1,639        

fifth degree felony violation of division (C)(4), (5), or (6) of   1,640        

this section respectively.                                         1,641        

      (G)  When a person is charged with possessing a bulk amount  1,643        

or multiple of a bulk amount, division (E) of section 2925.03 of   1,645        

the Revised Code applies regarding the determination of the        1,646        

amount of the controlled substance involved at the time of the     1,647        

offense.                                                                        

      Sec. 2925.12.  (A)  No person shall knowingly make, obtain,  1,656        

possess, or use any instrument, article, or thing the customary    1,657        

and primary purpose of which is for the administration or use of   1,658        

a dangerous drug, other than marihuana, when the instrument        1,659        

involved is a hypodermic or syringe, whether or not of crude or    1,660        

extemporized manufacture or assembly, and the instrument,          1,661        

                                                          38     


                                                                 
article, or thing involved has been used by the offender to        1,662        

unlawfully administer or use a dangerous drug, other than          1,663        

marihuana, or to prepare a dangerous drug, other than marihuana,   1,664        

for unlawful administration or use.                                1,665        

      (B)  This section does not apply to manufacturers, licensed  1,668        

health professionals authorized to prescribe drugs, pharmacists,   1,669        

owners of pharmacies, and other persons whose conduct was in       1,670        

accordance with Chapters 3719., 4715., 4723., 4729., 4731., and    1,671        

4741. or section 4723.56 of the Revised Code.                      1,672        

      (C)  Whoever violates this section is guilty of possessing   1,674        

drug abuse instruments, a misdemeanor of the second degree.  If    1,675        

the offender previously has been convicted of a drug abuse         1,676        

offense, a violation of this section is a misdemeanor of the       1,677        

first degree.                                                      1,678        

      (D)  In addition to any other sanction imposed for a         1,680        

violation of this section, the court shall suspend for not less    1,681        

than six months or more than five years the driver's or            1,682        

commercial driver's license or permit of any person who is         1,683        

convicted of or has pleaded guilty to a violation of this          1,684        

section.  If the offender is a professionally licensed person or   1,685        

a person who has been admitted to the bar by order of the supreme  1,686        

court in compliance with its prescribed and published rules, in    1,687        

addition to any other sanction imposed for a violation of this     1,688        

section, the court forthwith shall comply with section 2925.38 of  1,689        

the Revised Code.                                                               

      Sec. 2925.14.  (A)  As used in this section, "drug           1,698        

paraphernalia" means any equipment, product, or material of any    1,699        

kind that is used by the offender, intended by the offender for    1,700        

use, or designed for use, in propagating, cultivating, growing,    1,701        

harvesting, manufacturing, compounding, converting, producing,     1,702        

processing, preparing, testing, analyzing, packaging,              1,703        

repackaging, storing, containing, concealing, injecting,           1,704        

ingesting, inhaling, or otherwise introducing into the human       1,705        

body, a controlled substance in violation of this chapter.  "Drug  1,706        

                                                          39     


                                                                 
paraphernalia" includes, but is not limited to, any of the         1,707        

following equipment, products, or materials that are used by the   1,708        

offender, intended by the offender for use, or designed by the     1,709        

offender for use, in any of the following manners:                 1,710        

      (1)  A kit for propagating, cultivating, growing, or         1,712        

harvesting any species of a plant that is a controlled substance   1,713        

or from which a controlled substance can be derived;               1,714        

      (2)  A kit for manufacturing, compounding, converting,       1,716        

producing, processing, or preparing a controlled substance;        1,717        

      (3)  An isomerization device for increasing the potency of   1,719        

any species of a plant that is a controlled substance;             1,720        

      (4)  Testing equipment for identifying, or analyzing the     1,722        

strength, effectiveness, or purity of, a controlled substance;     1,723        

      (5)  A scale or balance for weighing or measuring a          1,725        

controlled substance;                                              1,726        

      (6)  A diluent or adulterant, such as quinine                1,728        

hydrochloride, mannitol, mannite, dextrose, or lactose, for        1,729        

cutting a controlled substance;                                    1,730        

      (7)  A separation gin or sifter for removing twigs and       1,732        

seeds from, or otherwise cleaning or refining, marihuana;          1,733        

      (8)  A blender, bowl, container, spoon, or mixing device     1,735        

for compounding a controlled substance;                            1,736        

      (9)  A capsule, balloon, envelope, or container for          1,738        

packaging small quantities of a controlled substance;              1,739        

      (10)  A container or device for storing or concealing a      1,741        

controlled substance;                                              1,742        

      (11)  A hypodermic syringe, needle, or instrument for        1,744        

parenterally injecting a controlled substance into the human       1,745        

body;                                                              1,746        

      (12)  An object, instrument, or device for ingesting,        1,748        

inhaling, or otherwise introducing into the human body,            1,749        

marihuana, cocaine, hashish, or hashish oil, such as a metal,      1,751        

wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or   1,752        

without a screen, permanent screen, hashish head, or punctured     1,753        

                                                          40     


                                                                 
metal bowl; water pipe; carburetion tube or device; smoking or     1,754        

carburetion mask; roach clip or similar object used to hold        1,755        

burning material, such as a marihuana cigarette, that has become   1,756        

too small or too short to be held in the hand; miniature cocaine   1,757        

spoon, or cocaine vial; chamber pipe; carburetor pipe; electric    1,758        

pipe; air driver pipe; chillum; bong; or ice pipe or chiller.      1,759        

      (B)  In determining if an object is drug paraphernalia, a    1,761        

court or law enforcement officer shall consider, in addition to    1,762        

other relevant factors, the following:                             1,763        

      (1)  Any statement by the owner, or by anyone in control,    1,765        

of the object, concerning its use;                                 1,766        

      (2)  The proximity in time or space of the object, or of     1,768        

the act relating to the object, to a violation of any provision    1,769        

of this chapter;                                                   1,770        

      (3)  The proximity of the object to any controlled           1,772        

substance;                                                                      

      (4)  The existence of any residue of a controlled substance  1,774        

on the object;                                                                  

      (5)  Direct or circumstantial evidence of the intent of the  1,776        

owner, or of anyone in control, of the object, to deliver it to    1,777        

any person whom the owner or person in control of the object       1,778        

knows intends to use the object to facilitate a violation of any   1,779        

provision of this chapter.  A finding that the owner, or anyone    1,780        

in control, of the object, is not guilty of a violation of any     1,781        

other provision of this chapter does not prevent a finding that    1,782        

the object was intended or designed by the offender for use as     1,783        

drug paraphernalia.                                                             

      (6)  Any oral or written instruction provided with the       1,785        

object concerning its use;                                         1,786        

      (7)  Any descriptive material accompanying the object and    1,788        

explaining or depicting its use;                                   1,789        

      (8)  National or local advertising concerning the use of     1,791        

the object;                                                        1,792        

      (9)  The manner and circumstances in which the object is     1,794        

                                                          41     


                                                                 
displayed for sale;                                                1,795        

      (10)  Direct or circumstantial evidence of the ratio of the  1,797        

sales of the object to the total sales of the business             1,798        

enterprise;                                                        1,799        

      (11)  The existence and scope of legitimate uses of the      1,801        

object in the community;                                           1,802        

      (12)  Expert testimony concerning the use of the object.     1,804        

      (C)(1)  No person shall knowingly use, or possess with       1,806        

purpose to use, drug paraphernalia.                                1,807        

      (2)  No person shall knowingly sell, or possess or           1,809        

manufacture with purpose to sell, drug paraphernalia, if the       1,810        

person knows or reasonably should know that the equipment,         1,811        

product, or material will be used as drug paraphernalia.           1,812        

      (3)  No person shall place an advertisement in any           1,814        

newspaper, magazine, handbill, or other publication that is        1,815        

published and printed and circulates primarily within this state,  1,816        

if the person knows that the purpose of the advertisement is to    1,817        

promote the illegal sale in this state of the equipment, product,  1,818        

or material that the offender intended or designed for use as      1,819        

drug paraphernalia.                                                             

      (D)  This section does not apply to manufacturers, licensed  1,822        

health professionals authorized to prescribe drugs, pharmacists,   1,823        

owners of pharmacies, and other persons whose conduct is in        1,824        

accordance with Chapters 3719., 4715., 4723., 4729., 4731., and    1,825        

4741. or section 4723.56 of the Revised Code.  This section shall  1,826        

not be construed to prohibit the possession or use of a            1,827        

hypodermic as authorized by section 3719.172 of the Revised Code.  1,828        

      (E)  Notwithstanding sections 2933.42 and 2933.43 of the     1,830        

Revised Code, any drug paraphernalia that was used, possessed,     1,831        

sold, or manufactured in a violation of this section shall be      1,832        

seized, after a conviction for that violation shall be forfeited,  1,833        

and upon forfeiture shall be disposed of pursuant to division      1,834        

(D)(8) of section 2933.41 of the Revised Code.                     1,835        

      (F)(1)  Whoever violates division (C)(1) of this section is  1,837        

                                                          42     


                                                                 
guilty of illegal use or possession of drug paraphernalia, a       1,838        

misdemeanor of the fourth degree.                                  1,839        

      (2)  Except as provided in division (F)(3) of this section,  1,841        

whoever violates division (C)(2) of this section is guilty of      1,842        

dealing in drug paraphernalia, a misdemeanor of the second         1,843        

degree.                                                            1,844        

      (3)  Whoever violates division (C)(2) of this section by     1,846        

selling drug paraphernalia to a juvenile is guilty of selling      1,847        

drug paraphernalia to juveniles, a misdemeanor of the first        1,848        

degree.                                                            1,849        

      (4)  Whoever violates division (C)(3) of this section is     1,851        

guilty of illegal advertising of drug paraphernalia, a             1,852        

misdemeanor of the second degree.                                  1,853        

      (G)  In addition to any other sanction imposed for a         1,855        

violation of this section, the court shall suspend for not less    1,856        

than six months or more than five years the driver's or            1,857        

commercial driver's license or permit of any person who is         1,858        

convicted of or has pleaded guilty to a violation of this          1,859        

section.  If the offender is a professionally licensed person or   1,860        

a person who has been admitted to the bar by order of the supreme  1,861        

court in compliance with its prescribed and published rules, in    1,862        

addition to any other sanction imposed for a violation of this     1,863        

section, the court forthwith shall comply with section 2925.38 of  1,864        

the Revised Code.                                                               

      Sec. 2925.23.  (A)  No person shall knowingly make a false   1,873        

statement in any prescription, order, report, or record required   1,874        

by Chapter 3719. or 4729. of the Revised Code.                     1,875        

      (B)  No person shall intentionally make, utter, or sell, or  1,877        

knowingly possess any of the following that is a false or forged:  1,878        

      (1)  Prescription;                                           1,880        

      (2)  Uncompleted preprinted prescription blank used for      1,882        

writing a prescription;                                            1,883        

      (3)  Official written order;                                 1,885        

      (4)  License for a terminal distributor of dangerous drugs   1,887        

                                                          43     


                                                                 
as required in section 4729.60 of the Revised Code;                1,888        

      (5)  Registration certificate for a wholesale distributor    1,890        

of dangerous drugs as required in section 4729.60 of the Revised   1,891        

Code.                                                              1,892        

      (C)  No person, by theft as defined in section 2913.02 of    1,894        

the Revised Code, shall acquire any of the following:              1,895        

      (1)  A prescription;                                         1,897        

      (2)  An uncompleted preprinted prescription blank used for   1,899        

writing a prescription;                                            1,900        

      (3)  An official written order;                              1,902        

      (4)  A blank official written order;                         1,904        

      (5)  A license or blank license for a terminal distributor   1,906        

of dangerous drugs as required in section 4729.60 of the Revised   1,907        

Code;                                                              1,908        

      (6)  A registration certificate or blank registration        1,910        

certificate for a wholesale distributor of dangerous drugs as      1,911        

required in section 4729.60 of the Revised Code.                   1,912        

      (D)  No person shall knowingly make or affix any false or    1,914        

forged label to a package or receptacle containing any dangerous   1,915        

drugs.                                                             1,916        

      (E)  Divisions (A) and (D) of this section do not apply to   1,918        

licensed health professionals authorized to prescribe drugs,       1,920        

pharmacists, owners of pharmacies, and other persons whose         1,921        

conduct is in accordance with Chapters 3719., 4715., 4723.,        1,922        

4725., 4729., 4731., and 4741. of the Revised Code or section      1,924        

4723.56 of the Revised Code.                                                    

      (F)  Whoever violates this section is guilty of illegal      1,926        

processing of drug documents.  If the offender violates division   1,928        

(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this   1,930        

section, illegal processing of drug documents is a felony of the                

fifth degree.  If the offender violates division (B)(1) or (3),    1,931        

division (C)(1) or (3), or division (D) of this section, the       1,932        

penalty for illegal processing of drug documents shall be          1,934        

determined as follows:                                             1,935        

                                                          44     


                                                                 
      (1)  If the drug involved is a compound, mixture,            1,937        

preparation, or substance included in schedule I or II, with the   1,938        

exception of marihuana, illegal processing of drug documents is a  1,939        

felony of the fourth degree, and division (C) of section 2929.13   1,940        

of the Revised Code applies in determining whether to impose a     1,941        

prison term on the offender.                                                    

      (2)  If the drug involved is a dangerous drug or a           1,943        

compound, mixture, preparation, or substance included in schedule  1,944        

III, IV, or V or is marihuana, illegal processing of drug          1,945        

documents is a felony of the fifth degree, and division (C) of     1,946        

section 2929.13 of the Revised Code applies in determining         1,947        

whether to impose a prison term on the offender.                                

      (G)  In addition to any prison term authorized or required   1,949        

by division (F) of this section and sections 2929.13 and 2929.14   1,950        

of the Revised Code and in addition to any other sanction imposed  1,951        

for the offense under this section or sections 2929.11 to 2929.18  1,952        

of the Revised Code, the court that sentences an offender who is   1,953        

convicted of or pleads guilty to any violation of divisions (A)    1,954        

to (D) of this section shall do both of the following:                          

      (1)  The court shall suspend for not less than six months    1,957        

or more than five years the driver's or commercial driver's        1,958        

license or permit of any person who is convicted of or has         1,959        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  1,961        

a person who has been admitted to the bar by order of the supreme  1,962        

court in compliance with its prescribed and published rules, in    1,963        

addition to any other sanction imposed for a violation of this     1,964        

section, the court forthwith shall comply with section 2925.38 of  1,965        

the Revised Code.                                                               

      (H)  Notwithstanding any contrary provision of section       1,967        

3719.21 of the Revised Code, the clerk of court shall pay a fine   1,968        

imposed for a violation of this section pursuant to division (A)   1,969        

of section 2929.18 of the Revised Code in accordance with and      1,970        

subject to the requirements of division (F) of section 2925.03 of  1,971        

                                                          45     


                                                                 
the Revised Code.  The agency that receives the fine shall use     1,972        

the fine as specified in division (F) of section 2925.03 of the    1,973        

Revised Code.                                                                   

      Sec. 2925.36.  (A)  No person shall knowingly furnish        1,982        

another a sample drug.                                             1,983        

      (B)  Division (A) of this section does not apply to          1,985        

manufacturers, wholesalers, pharmacists, owners of pharmacies,     1,986        

dentists, doctors of medicine and surgery, doctors of osteopathic  1,987        

medicine and surgery, doctors of podiatry, veterinarians LICENSED  1,988        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, and other      1,990        

persons whose conduct is in accordance with Chapters 3719.,                     

4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code   1,992        

or to optometrists whose conduct is in accordance with a valid     1,993        

therapeutic pharmaceutical agents certificate issued under         1,994        

Chapter 4725. of the Revised Code.                                 1,995        

      (C)(1)  Whoever violates this section is guilty of illegal   1,997        

dispensing of drug samples.                                        1,998        

      (2)  If the drug involved in the offense is a compound,      2,000        

mixture, preparation, or substance included in schedule I or II,   2,001        

with the exception of marihuana, the penalty for the offense       2,002        

shall be determined as follows:                                    2,003        

      (a)  Except as otherwise provided in division (C)(2)(b) of   2,005        

this section, illegal dispensing of drug samples is a felony of    2,006        

the fifth degree, and, subject to division (E) of this section,    2,008        

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

determining whether to impose a prison term on the offender.       2,009        

      (b)  If the offense was committed in the vicinity of a       2,011        

school or in the vicinity of a juvenile, illegal dispensing of     2,012        

drug samples is a felony of the fourth degree, and, subject to     2,013        

division (E) of this section, division (C) of section 2929.13 of   2,014        

the Revised Code applies in determining whether to impose a        2,015        

prison term on the offender.                                                    

      (3)  If the drug involved in the offense is a dangerous      2,017        

drug or a compound, mixture, preparation, or substance included    2,018        

                                                          46     


                                                                 
in schedule III, IV, or V, or is marihuana, the penalty for the    2,019        

offense shall be determined as follows:                            2,020        

      (a)  Except as otherwise provided in division (C)(3)(b) of   2,023        

this section, illegal dispensing of drug samples is a misdemeanor  2,024        

of the second degree.                                                           

      (b)  If the offense was committed in the vicinity of a       2,027        

school or in the vicinity of a juvenile, illegal dispensing of     2,028        

drug samples is a misdemeanor of the first degree.                 2,029        

      (D)  In addition to any prison term authorized or required   2,032        

by division (C) or (E) of this section and sections 2929.13 and    2,033        

2929.14 of the Revised Code and in addition to any other sanction  2,034        

imposed for the offense under this section or sections 2929.11 to               

2929.18 of the Revised Code, the court that sentences an offender  2,036        

who is convicted of or pleads guilty to a violation of division    2,037        

(A) of this section shall do both of the following:                             

      (1)  The court shall suspend for not less than six months    2,040        

or more than five years the driver's or commercial driver's        2,041        

license or permit of any person who is convicted of or has         2,042        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  2,044        

a person who has been admitted to the bar by order of the supreme  2,045        

court in compliance with its prescribed and published rules, in    2,046        

addition to any other sanction imposed for a violation of this     2,047        

section, the court forthwith shall comply with section 2925.38 of  2,048        

the Revised Code.                                                  2,049        

      (E)  Notwithstanding the prison term authorized or required  2,051        

by division (C) of this section and sections 2929.13 and 2929.14   2,052        

of the Revised Code, if the violation of division (A) of this      2,053        

section involves the sale, offer to sell, or possession of a       2,054        

schedule I or II controlled substance, with the exception of       2,055        

marihuana, and if the court imposing sentence upon the offender    2,056        

finds that the offender as a result of the violation is a major    2,057        

drug offender and is guilty of a specification of the type         2,058        

described in section 2941.1410 of the Revised Code, the court, in  2,059        

                                                          47     


                                                                 
lieu of the prison term otherwise authorized or required, shall    2,060        

impose upon the offender the mandatory prison term specified in    2,061        

division (D)(3)(a) of section 2929.14 of the Revised Code and may  2,062        

impose an additional prison term under division (D)(3)(b) of that  2,064        

section.                                                                        

      (F)  Notwithstanding any contrary provision of section       2,067        

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  2,069        

(A) of section 2929.18 of the Revised Code in accordance with and  2,070        

subject to the requirements of division (F) of section 2925.03 of  2,071        

the Revised Code.  The agency that receives the fine shall use     2,072        

the fine as specified in division (F) of section 2925.03 of the                 

Revised Code.                                                      2,073        

      Sec. 3719.06.  (A)(1)  A licensed health professional        2,082        

authorized to prescribe drugs, if acting in the course of          2,085        

professional practice, in accordance with the laws regulating the  2,086        

professional's practice, and in accordance with rules adopted by   2,087        

the state board of pharmacy, may, EXCEPT AS PROVIDED IN DIVISION   2,088        

(A)(2) OF THIS SECTION, do the following:                          2,089        

      (1)(a)  Prescribe schedule II, III, IV, and V controlled     2,092        

substances;                                                                     

      (2)(b)  Administer or personally furnish to patients         2,095        

schedule II, III, IV, and V controlled substances;                 2,098        

      (3)(c)  Cause schedule II, III, IV, and V controlled         2,102        

substances to be administered under the prescriber's direction     2,104        

and supervision.                                                                

      (2)  A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  2,107        

DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED                2,108        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER IS SUBJECT TO BOTH  2,110        

OF THE FOLLOWING:                                                               

      (a)  A SCHEDULE II CONTROLLED SUBSTANCE MAY BE PRESCRIBED    2,112        

ONLY FOR A PATIENT WITH A TERMINAL CONDITION, AS DEFINED IN        2,114        

SECTION 2133.01 OF THE REVISED CODE, ONLY IF THE NURSE'S           2,115        

COLLABORATING PHYSICIAN INITIALLY PRESCRIBED THE SUBSTANCE FOR     2,116        

                                                          48     


                                                                 
THE PATIENT, AND ONLY IN AN AMOUNT THAT DOES NOT EXCEED THE        2,118        

AMOUNT NECESSARY FOR THE PATIENT'S USE IN A SINGLE,                2,119        

TWENTY-FOUR-HOUR PERIOD.                                                        

      (b)  NO CONTROLLED SUBSTANCE SHALL BE PERSONALLY FURNISHED   2,121        

TO ANY PATIENT.                                                    2,122        

      (B)  No licensed health professional authorized to           2,125        

prescribe drugs shall prescribe, administer, or personally         2,126        

furnish a schedule III anabolic steroid for the purpose of human   2,128        

muscle building or enhancing human athletic performance and no     2,129        

pharmacist shall dispense a schedule III anabolic steroid for      2,130        

either purpose, unless it has been approved for that purpose                    

under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040    2,132        

(1938), 21 U.S.C.A. 301, as amended.                               2,133        

      (C)  Each written prescription shall be properly executed,   2,136        

dated, and signed by the prescriber on the day when issued and     2,140        

shall bear the full name and address of the person for whom, or    2,141        

the owner of the animal for which, the controlled substance is     2,143        

prescribed and the full name, address, and registry number under   2,144        

the federal drug abuse control laws of the prescriber.  If the     2,145        

prescription is for an animal, it shall state the species of the   2,148        

animal for which the controlled substance is prescribed.                        

      Sec. 3719.81.  (A)  A person may furnish another a sample    2,157        

of any drug of abuse, or of any drug or pharmaceutical             2,158        

preparation that would be hazardous to health or safety if used    2,160        

without the supervision of a licensed health professional          2,161        

authorized to prescribe drugs, if all of the following apply:      2,162        

      (1)  The sample is furnished by a manufacturer,              2,164        

manufacturer's representative, or wholesale dealer in              2,165        

pharmaceuticals to a licensed health professional authorized to    2,167        

prescribe drugs, or is furnished by such a professional to a       2,168        

patient for use as medication;                                                  

      (2)  The drug is in the original container in which it was   2,170        

placed by the manufacturer, and the container is plainly marked    2,172        

as a sample;                                                       2,173        

                                                          49     


                                                                 
      (3)  Prior to its being furnished, the drug sample has been  2,175        

stored under the proper conditions to prevent its deterioration    2,176        

or contamination;                                                  2,177        

      (4)  If the drug is of a type which deteriorates with time,  2,179        

the sample container is plainly marked with the date beyond which  2,180        

the drug sample is unsafe to use, and the date has not expired on  2,183        

the sample furnished.  Compliance with the labeling requirements   2,184        

of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040       2,185        

(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance    2,186        

with this section.                                                 2,188        

      (5)  The drug is distributed, stored, or discarded in such   2,190        

a way that the drug sample may not be acquired or used by any      2,191        

unauthorized person, or by any person, including a child, for      2,192        

whom it may present a health or safety hazard.                     2,193        

      (B)  Division (A) of this section does not do any of the     2,195        

following:                                                         2,196        

      (1)  Apply to or restrict the furnishing of any sample of a  2,198        

nonnarcotic substance if the substance may, under the "Federal     2,200        

Food, Drug, and Cosmetic Act" and under the laws of this state,    2,201        

otherwise be lawfully sold over the counter without a              2,202        

prescription;                                                                   

      (2)  Authorize an A LICENSED HEALTH PROFESSIONAL AUTHORIZED  2,205        

TO PRESCRIBE DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED   2,207        

NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR advanced practice  2,208        

nurse to furnish a sample of any A drug THAT IS NOT A DRUG THE     2,210        

NURSE IS AUTHORIZED TO PRESCRIBE;                                  2,211        

      (3)  Authorize an optometrist to furnish a sample of a drug  2,214        

that is not a drug the optometrist is authorized to prescribe.                  

      (C)  The state board of pharmacy shall, in accordance with   2,216        

Chapter 119. of the Revised Code, adopt rules as necessary to      2,218        

give effect to this section.                                                    

      Sec. 4723.02.  As used in this chapter:                      2,227        

      (A)  "Registered nurse" means an individual who holds a      2,229        

current, valid license issued under this chapter that authorizes   2,230        

                                                          50     


                                                                 
the practice of nursing as a registered nurse.                     2,231        

      (B)  "Practice of nursing as a registered nurse" means       2,233        

providing to individuals and groups nursing care requiring         2,234        

specialized knowledge, judgment, and skill derived from the        2,235        

principles of biological, physical, behavioral, social, and        2,236        

nursing sciences.  Such nursing care includes:                     2,237        

      (1)  Identifying patterns of human responses to actual or    2,239        

potential health problems amenable to a nursing regimen;           2,240        

      (2)  Executing a nursing regimen through the selection,      2,242        

performance, management, and evaluation of nursing actions;        2,243        

      (3)  Assessing health status for the purpose of providing    2,245        

nursing care;                                                      2,246        

      (4)  Providing health counseling and health teaching;        2,248        

      (5)  Administering medications, treatments, and executing    2,250        

regimens prescribed by licensed physicians; dentists;              2,252        

optometrists; podiatrists; or, until January 1, 2010, advanced     2,254        

practice nurses authorized to prescribe under section 4723.56 of   2,255        

the Revised Code AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO  2,256        

PRACTICE IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE                   

INDIVIDUAL'S PROFESSIONAL PRACTICE;                                2,257        

      (6)  Teaching, administering, supervising, delegating, and   2,259        

evaluating nursing practice.                                       2,260        

      (C)  "Nursing regimen" may include preventative,             2,262        

restorative, and health-promotion activities.                      2,263        

      (D)  "Assessing health status" means the collection of data  2,265        

through nursing assessment techniques, which may include           2,266        

interviews, observation, and physical evaluations for the purpose  2,267        

of providing nursing care.                                         2,268        

      (E)  "Licensed practical nurse" means an individual who      2,270        

holds a current, valid license issued under this chapter that      2,271        

authorizes the practice of nursing as a licensed practical nurse.  2,272        

      (F)  "The practice of nursing as a licensed practical        2,274        

nurse" means providing to individuals and groups nursing care      2,275        

requiring the application of basic knowledge of the biological,    2,276        

                                                          51     


                                                                 
physical, behavioral, social, and nursing sciences at the          2,277        

direction of a licensed physician, dentist, podiatrist,            2,278        

optometrist, or registered nurse.  Such nursing care includes:     2,279        

      (1)  Observation, patient teaching, and care in a diversity  2,281        

of health care settings;                                           2,282        

      (2)  Contributions to the planning, implementation, and      2,284        

evaluation of nursing;                                             2,285        

      (3)  Administration of medications and treatments            2,287        

prescribed by a licensed physician; dentist; optometrist;          2,289        

podiatrist; or, until January 1, 2010, an advanced practice nurse  2,291        

authorized to prescribe under section 4723.56 of the Revised Code  2,292        

AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS  2,293        

STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S          2,294        

PROFESSIONAL PRACTICE, except that administration of intravenous   2,295        

therapy shall be performed only in accordance with section                      

4723.48 4723.17 of the Revised Code.  Medications may be           2,297        

administered by a licensed practical nurse upon proof of           2,298        

completion of a course in medication administration approved by    2,299        

the board of nursing.                                                           

      (4)  Administration to an adult of intravenous therapy       2,301        

prescribed by a licensed physician; dentist; optometrist;          2,302        

podiatrist; or, until January 1, 2010, an advanced practice nurse  2,303        

authorized to prescribe under section 4723.56 of the Revised Code  2,305        

AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS               

STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S          2,306        

PROFESSIONAL PRACTICE, on the condition that the licensed          2,307        

practical nurse is authorized by the board of nursing pursuant to  2,308        

section 4723.48 4723.17 of the Revised Code to perform             2,309        

intravenous therapy and performs intravenous therapy only in       2,311        

accordance with section 4723.48 4723.17 of the Revised Code.       2,312        

      (G)  "Certified registered nurse anesthetist" means a        2,315        

registered nurse who holds a valid certificate of authority        2,316        

issued under this chapter that authorizes the practice of nursing  2,317        

as a certified registered nurse anesthetist in accordance with     2,318        

                                                          52     


                                                                 
section 4723.43 of the Revised Code and rules adopted by the       2,319        

board of nursing.                                                  2,320        

      (H)  "Clinical nurse specialist" means a registered nurse    2,323        

who holds a valid certificate of authority issued under this       2,324        

chapter that authorizes the practice of nursing as a clinical      2,325        

nurse specialist in accordance with section 4723.43 of the         2,326        

Revised Code and rules adopted by the board of nursing.            2,327        

      (I)  "Certified nurse-midwife" means a registered nurse who  2,329        

holds a valid certificate of authority issued under this chapter   2,330        

that authorizes the practice of nursing as a certified             2,331        

nurse-midwife in accordance with section 4723.43 of the Revised    2,332        

Code and rules adopted by the board of nursing.                    2,333        

      (J)  "Certified nurse practitioner" means a registered       2,335        

nurse who holds a valid certificate of authority issued under      2,336        

this chapter that authorizes the practice of nursing as a          2,337        

certified nurse practitioner in accordance with section 4723.43    2,338        

of the Revised Code and rules adopted by the board of nursing.     2,340        

      (K)  "Physician" means an individual who holds a             2,343        

certificate issued AUTHORIZED under Chapter 4731. of the Revised   2,344        

Code authorizing the TO practice of medicine and surgery or        2,346        

osteopathic medicine and surgery and is practicing in this state.  2,347        

      (L)  "Dentist" means an individual who is licensed under     2,350        

Chapter 4715. of the Revised Code to practice dentistry and is     2,351        

practicing in this state.                                          2,352        

      (M)  "Podiatrist" means an individual who holds a            2,355        

certificate issued under Chapter 4731. of the Revised Code         2,356        

authorizing the practice of podiatry and is practicing in this     2,357        

state.                                                                          

      (N)  "Collaboration" or "collaborating" means the            2,359        

following:                                                         2,360        

      (1)  In the case of a clinical nurse specialist, except as   2,363        

provided in division (N)(L)(3) of this section, or a certified     2,364        

nurse practitioner, that a podiatrist ONE OR MORE PODIATRISTS      2,365        

acting within the podiatrist's scope of practice OF PODIATRY in    2,367        

                                                          53     


                                                                 
accordance with section 4731.51 of the Revised Code and with whom  2,368        

the nurse has entered into a standard care arrangement or          2,369        

physician ONE OR MORE PHYSICIANS with whom the nurse has entered   2,370        

into a standard care arrangement is ARE continuously available to  2,372        

communicate with the clinical nurse specialist or certified nurse  2,373        

practitioner either in person or by radio, telephone, or other     2,374        

form of telecommunication;                                                      

      (2)  In the case of a certified nurse-midwife, that a        2,376        

physician ONE OR MORE PHYSICIANS with whom the certified           2,377        

nurse-midwife has entered into a standard care arrangement is ARE  2,378        

continuously available to communicate with the certified           2,379        

nurse-midwife either in person or by radio, telephone, or other    2,380        

form of telecommunication;                                         2,381        

      (3)  In the case of a clinical nurse specialist whose WHO    2,383        

PRACTICES THE nursing specialty is OF mental health or             2,384        

psychiatric mental health WITHOUT BEING AUTHORIZED TO PRESCRIBE    2,385        

DRUGS AND THERAPEUTIC DEVICES, that a physician is ONE OR MORE     2,386        

PHYSICIANS ARE continuously available to communicate with the      2,388        

nurse either in person or by radio, telephone, or other form of    2,389        

telecommunication.                                                              

      (O)(M)  "Supervision," AS IT PERTAINS TO A CERTIFIED         2,391        

REGISTERED NURSE ANESTHETIST, means that a THE certified           2,393        

registered nurse anesthetist is under the direction of a           2,394        

podiatrist acting within the podiatrist's scope of practice in     2,395        

accordance with section 4731.51 of the Revised Code, a dentist     2,397        

acting within the dentist's scope of practice in accordance with   2,398        

Chapter 4715. of the Revised Code, or a physician, and, when       2,400        

administering anesthesia, the certified registered nurse           2,401        

anesthetist is in the immediate presence of the podiatrist,        2,402        

dentist, or physician.                                                          

      (P)(N)  "Standard care arrangement," EXCEPT AS IT PERTAINS   2,405        

TO AN ADVANCED PRACTICE NURSE, means a written, formal guide for   2,406        

planning and evaluating a patient's health care that is developed  2,407        

by a ONE OR MORE collaborating physician PHYSICIANS or podiatrist  2,408        

                                                          54     


                                                                 
PODIATRISTS and a clinical nurse specialist, certified             2,409        

nurse-midwife, or certified nurse practitioner and meets the       2,410        

requirements of section 4723.431 of the Revised Code.              2,411        

      (O)  "ADVANCED PRACTICE NURSE," UNTIL THREE YEARS AND EIGHT  2,413        

MONTHS AFTER THIS AMENDMENT, MEANS A REGISTERED NURSE WHO IS       2,414        

APPROVED BY THE BOARD OF NURSING UNDER SECTION 4723.55 OF THE      2,415        

REVISED CODE TO PRACTICE AS AN ADVANCED PRACTICE NURSE.            2,417        

      Sec. 4723.04.  The state nurses' board shall be known as     2,427        

the board of nursing.  The board shall assume and exercise all     2,428        

the powers and perform all the duties conferred and imposed on it  2,429        

by this chapter concerning nurses and nursing and the regulation   2,430        

thereof.  The board shall consist of thirteen members who shall    2,431        

be citizens of the United States and residents of Ohio.  Eight     2,432        

members shall be registered nurses, each of whom shall be a        2,433        

graduate of an approved program of nursing education that          2,434        

prepares persons for licensure as a registered nurse, shall hold   2,435        

a currently active license issued under this chapter to practice   2,436        

nursing as a registered nurse, and shall have been actively        2,437        

engaged in the practice of nursing as a registered nurse for the   2,438        

five years immediately preceding the member's initial appointment  2,439        

to the board.  OF THE EIGHT MEMBERS WHO ARE REGISTERED NURSES, AT  2,440        

LEAST ONE SHALL HOLD A VALID CERTIFICATE OF AUTHORITY ISSUED       2,443        

UNDER THIS CHAPTER THAT AUTHORIZES THE PRACTICE OF NURSING AS A    2,444        

CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL NURSE             2,445        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            2,446        

PRACTITIONER.  Four members shall be licensed practical nurses,    2,448        

each of whom shall be a graduate of an approved program of         2,449        

nursing education that prepares persons for licensure as a         2,450        

practical nurse, shall hold a currently active license issued      2,451        

under this chapter to practice nursing as a licensed practical     2,452        

nurse, and shall have been actively engaged in the practice of     2,453        

nursing as a licensed practical nurse for the five years           2,454        

immediately preceding the member's initial appointment to the      2,455        

board.  One member shall represent the interests of consumers of   2,456        

                                                          55     


                                                                 
health care.  Neither this member nor any person in the member's   2,457        

immediate family shall be a member of or associated with a health  2,458        

care provider or profession or shall have a financial interest in  2,459        

the delivery or financing of health care.  Representation of       2,460        

nursing service and nursing education and of the various           2,461        

geographical areas of the state shall be considered in making      2,462        

appointments.  As the term of any member of the board expires, a   2,463        

successor shall be appointed who has the qualifications the        2,464        

vacancy requires.  Terms of office shall be for five years,        2,465        

commencing on the first day of January and ending on the           2,466        

thirty-first day of December.  Each member shall hold office from  2,467        

the date of appointment until the end of the term for which the    2,468        

member was appointed.  The term of a member shall expire if the    2,469        

member ceases to meet any requirement of this section for the      2,470        

member's position on the board.  Any member appointed to fill a    2,471        

vacancy occurring prior to the expiration of the term for which    2,472        

her THE MEMBER'S predecessor was appointed shall hold office for   2,473        

the remainder of such term.  A person who has served a full term   2,475        

on the board or more than thirty months of the remainder of the    2,476        

term of a predecessor shall not be eligible for a subsequent       2,477        

appointment to the board.  Any member shall continue in office     2,478        

subsequent to the expiration date of her THE MEMBER'S term until   2,479        

her THE MEMBER'S successor takes office, or until a period of      2,481        

sixty days has elapsed, whichever occurs first.  Nursing           2,482        

organizations of this state may each submit to the governor the    2,483        

names of not more than five nominees for each position to be       2,484        

filled on the board.  From the names so submitted or from others,  2,485        

at his THE GOVERNOR'S discretion, the governor with the advice     2,486        

and consent of the senate shall make such appointments.            2,487        

      Any member of the board may be removed by the governor for   2,489        

neglect of any duty required by law or for incompetency or         2,490        

unprofessional or dishonorable conduct, after a hearing as         2,491        

provided in Chapter 119. of the Revised Code.  Seven members of    2,492        

the board including at least four registered nurses and at least   2,493        

                                                          56     


                                                                 
one licensed practical nurse shall at all times constitute a       2,494        

quorum.                                                            2,495        

      Each member of the board shall receive an amount fixed       2,497        

pursuant to division (J) of section 124.15 of the Revised Code     2,498        

for each day in attendance at board meetings and in discharge of   2,499        

official duties, and in addition thereto, necessary expense        2,500        

incurred in the performance of such duties.                        2,501        

      The board shall elect one of its nurse members as president  2,503        

and one as vice-president.                                         2,504        

      The board may establish advisory groups to serve in          2,506        

consultation with the board or the executive director.  Each       2,507        

advisory group shall be given a specific charge in writing and     2,508        

shall report to the board.  Members of advisory groups shall       2,509        

serve without compensation but shall receive their actual and      2,510        

necessary expenses incurred in the performance of their official   2,511        

duties.                                                            2,512        

      Sec. 4723.06.  (A)  The board of nursing shall:              2,521        

      (1)  Administer and enforce the provisions of this chapter,  2,523        

including the taking of disciplinary action for violations of      2,524        

section 4723.28 of the Revised Code, any other provisions of this  2,525        

chapter, or rules promulgated under Chapter 119. of the Revised    2,526        

Code;                                                              2,527        

      (2)  Examine applicants for licensure to practice as a       2,529        

registered nurse or as a licensed practical nurse;                 2,530        

      (3)  Issue and renew licenses as provided in this chapter;   2,532        

      (4)  Define the minimum curricula and standards for          2,534        

educational programs of the schools of professional nursing and    2,535        

schools of practical nursing in this state;                        2,536        

      (5)  Survey, inspect, and grant full approval to             2,538        

prelicensure nursing education programs that meet the standards    2,540        

established by rules adopted under section 4723.07 of the Revised  2,541        

Code.  Prelicensure nursing education programs include, but are    2,542        

not limited to, associate degree, baccalaureate degree, diploma,   2,543        

and doctor of nursing programs leading to initial licensure to     2,544        

                                                          57     


                                                                 
practice nursing as a registered nurse and practical nurse         2,545        

programs leading to initial licensure to practice nursing as a     2,546        

licensed practical nurse.                                                       

      (6)  Grant conditional approval, by a vote of a quorum of    2,548        

the board, to a new prelicensure nursing education program or a    2,549        

program that is being reestablished after having ceased to         2,551        

operate, if the program meets and maintains the minimum standards  2,553        

of the board established by rules adopted under section 4723.07    2,554        

of the Revised Code.  If the board does not grant conditional      2,555        

approval, it shall hold a hearing under Chapter 119. of the        2,556        

Revised Code to consider conditional approval of the program.  If  2,557        

the board grants conditional approval, at its first meeting after  2,558        

the first class has completed the program, the board shall         2,559        

determine whether to grant full approval to the program.  If the   2,560        

board does not grant full approval or if it appears that the       2,563        

program has failed to meet and maintain standards established by   2,564        

rules adopted under section 4723.07 of the Revised Code, the       2,565        

board shall hold a hearing under Chapter 119. of the Revised Code  2,566        

to consider the program.  Based on results of the hearing, the     2,567        

board may continue or withdraw conditional approval, or grant      2,568        

full approval.                                                                  

      (7)  Place on provisional approval, for a period of time     2,570        

specified by the board, a program that has ceased to meet and      2,572        

maintain the minimum standards of the board established by rules   2,573        

adopted under section 4723.07 of the Revised Code.  At the end of  2,574        

the period, the board shall reconsider whether the program meets   2,575        

the standards and shall grant full approval if it does.  If it     2,577        

does not, the board may withdraw approval, pursuant to a hearing   2,578        

under Chapter 119. of the Revised Code.                            2,579        

      (8)  Approve continuing nursing education programs and       2,581        

courses under standards established in rules adopted under         2,582        

section 4723.07 of the Revised Code;                               2,583        

      (9)  Approve peer support programs for nurses under rules    2,585        

adopted under section 4723.07 of the Revised Code;                 2,586        

                                                          58     


                                                                 
      (10)  Establish the alternative program for chemically       2,588        

dependent nurses in accordance with section 4723.35 of the         2,589        

Revised Code;                                                                   

      (11)  Establish the practice intervention and improvement    2,591        

program in accordance with section 4723.282 of the Revised Code;   2,592        

      (12)  Issue and renew certificates of authority to practice  2,594        

nursing as a certified registered nurse anesthetist, clinical      2,596        

nurse specialist, certified nurse-midwife, or certified nurse      2,597        

practitioner;                                                                   

      (13)  Approve under section 4723.46 of the Revised Code      2,600        

national certifying organizations for examination and              2,601        

certification of certified registered nurse anesthetists,          2,602        

clinical nurse specialists, certified nurse-midwives, or           2,603        

certified nurse practitioners;                                                  

      (14)  ISSUE AND RENEW CERTIFICATES TO PRESCRIBE IN           2,605        

ACCORDANCE WITH SECTIONS 4723.48 AND 4723.484 OF THE REVISED       2,606        

CODE;                                                                           

      (15)  GRANT APPROVAL TO THE PLANNED CLASSROOM AND CLINICAL   2,608        

STUDY REQUIRED BY SECTION 4723.483 OF THE REVISED CODE TO BE       2,609        

ELIGIBLE FOR A CERTIFICATE TO PRESCRIBE;                           2,610        

      (16)  MAKE AN ANNUAL EDITION OF THE FORMULARY ESTABLISHED    2,613        

IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE         2,614        

AVAILABLE TO THE PUBLIC EITHER IN PRINTED FORM OR BY ELECTRONIC    2,615        

MEANS AND, AS SOON AS POSSIBLE AFTER ANY REVISION OF THE           2,616        

FORMULARY BECOMES EFFECTIVE, MAKE THE REVISION AVAILABLE TO THE    2,617        

PUBLIC IN PRINTED FORM OR BY ELECTRONIC MEANS;                     2,618        

      (17)  Make an annual report to the governor, which shall be  2,620        

open for public inspection;                                        2,621        

      (15)(18)  Maintain and have open for public inspection the   2,623        

following records:                                                 2,624        

      (a)  A record of all its meetings and proceedings;           2,626        

      (b)  A file of applicants for and holders of licenses,       2,628        

registrations, and certificates granted under this chapter.  The   2,629        

file shall be maintained in the form prescribed by rule of the     2,630        

                                                          59     


                                                                 
board.                                                             2,631        

      (c)  A list of prelicensure nursing education programs       2,633        

approved by the board;                                             2,634        

      (d)  A list of approved peer support programs for nurses.    2,636        

      (B)  The board may fulfill the requirement of division       2,638        

(A)(8) of this section by authorizing persons who meet the         2,639        

standards established in rules adopted under division (F) of       2,640        

section 4723.07 of the Revised Code to approve continuing nursing  2,641        

education programs and courses.  Persons so authorized shall       2,642        

approve continuing nursing education programs and courses in       2,643        

accordance with standards established in rules adopted under       2,644        

division (E) of section 4723.07 of the Revised Code.               2,645        

      Persons seeking authorization to approve continuing nursing  2,647        

education programs and courses shall apply to the board and pay    2,648        

the appropriate fee established under section 4723.08 of the       2,649        

Revised Code.  Authorizations to approve continuing nursing        2,650        

education programs and courses shall expire at the end of the      2,651        

two-year period beginning the date of issuance and may be renewed  2,652        

by the board.                                                                   

      Sec. 4723.08.  (A)  The board of nursing may impose fees     2,661        

not to exceed the following limits:                                2,662        

      (1)  For application for licensure by examination to         2,664        

practice nursing as a registered nurse or as a licensed practical  2,665        

nurse, fifty dollars;                                              2,666        

      (2)  For application for licensure by endorsement to         2,668        

practice nursing as a registered nurse or as a licensed practical  2,669        

nurse, fifty dollars;                                              2,670        

      (3)  For application for a certificate of authority to       2,672        

practice nursing as a certified registered nurse anesthetist,      2,673        

clinical nurse specialist, certified nurse-midwife, or certified   2,675        

nurse practitioner, one hundred dollars;                           2,676        

      (4)  For APPLICATION FOR A CERTIFICATE TO PRESCRIBE, FIFTY   2,678        

DOLLARS;                                                                        

      (5)  FOR verification of a license or certificate to         2,680        

                                                          60     


                                                                 
another jurisdiction, fifteen dollars;                             2,682        

      (5)(6)  For providing a replacement copy of a license or     2,684        

certificate, fifteen dollars;                                      2,685        

      (6)(7)  For biennial renewal of any license, thirty-five     2,687        

dollars;                                                           2,688        

      (7)(8)  For biennial renewal of a certificate of authority   2,690        

to practice nursing as a certified registered nurse anesthetist,   2,692        

clinical nurse specialist, certified nurse-midwife, or certified   2,694        

nurse practitioner, one hundred dollars;                                        

      (8)(9)  FOR RENEWAL OF A CERTIFICATE TO PRESCRIBE, FIFTY     2,697        

DOLLARS;                                                                        

      (10)  For processing a late application for renewal of any   2,699        

license or certificate, fifty dollars;                             2,700        

      (9)(11)  For application for authorization to approve        2,702        

continuing nursing education programs and courses from an          2,703        

applicant accredited by a national accreditation system for        2,704        

nursing, five hundred dollars;                                     2,705        

      (10)(12)  For application for authorization to approve       2,707        

continuing nursing education programs and courses from an          2,708        

applicant not accredited by a national accreditation system for    2,709        

nursing, one thousand dollars;                                     2,710        

      (11)(13)  For each year for which authorization to approve   2,713        

continuing nursing education programs and courses is renewed, one  2,716        

hundred fifty dollars;                                                          

      (12)(14)  For written verification of a license or           2,718        

certificate, other than verification to another jurisdiction,      2,720        

five dollars. The board may contract for services pertaining to    2,721        

this verification process and the collection of the fee, and may   2,722        

permit the contractor to retain a portion of the fees as           2,723        

compensation, before any amounts are deposited into the state      2,724        

treasury.                                                          2,725        

      (B)  Each quarter, the board of nursing shall certify to     2,727        

the director of budget and management the number of biennial       2,728        

licenses renewed under this chapter during the preceding quarter   2,729        

                                                          61     


                                                                 
and the amount equal to that number times five dollars.            2,730        

      Sec. 4723.151.  (A)  Medical diagnosis, prescription of      2,739        

medical measures, and the practice of medicine or surgery or any   2,741        

of its branches by a nurse are prohibited.                         2,742        

      Nothing in (B)  DIVISION (A) OF this section prohibits DOES  2,745        

NOT PROHIBIT a certified registered nurse anesthetist, clinical    2,746        

nurse specialist, certified nurse-midwife, or certified nurse      2,747        

practitioner from practicing within the nurse's scope of practice               

in accordance with section 4723.43 of the Revised Code.  DIVISION  2,748        

(A) OF THIS SECTION DOES NOT PROHIBIT A CLINICAL NURSE             2,750        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            2,751        

PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER     2,752        

SECTION 4723.48 OF THE REVISED CODE FROM PRESCRIBING DRUGS AND     2,754        

THERAPEUTIC DEVICES IN ACCORDANCE WITH SECTION 4723.481 OF THE                  

REVISED CODE.                                                                   

      (C)  NOTWITHSTANDING DIVISION (B) OF THIS SECTION, NOTHING   2,757        

IN THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING ANY NURSE TO     2,758        

PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN ABORTION, OR  2,759        

TO OTHERWISE PERFORM OR INDUCE AN ABORTION.                        2,760        

      Sec. 4723.48 4723.17.  (A)  The board of nursing may         2,769        

authorize a licensed practical nurse to administer to an adult     2,771        

intravenous therapy prescribed by a licensed physician; dentist;   2,774        

optometrist; podiatrist; or, until January 1, 2010, an advanced    2,775        

practice nurse authorized to prescribe under section 4723.56 of                 

the Revised Code AUTHORIZED BY AN INDIVIDUAL WHO IS AUTHORIZED TO  2,776        

PRACTICE IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE      2,778        

INDIVIDUAL'S PROFESSIONAL PRACTICE, if all of the following are    2,779        

true of the licensed practical nurse:                              2,780        

      (1)  The nurse has a current, valid license issued under     2,782        

this chapter that includes authorization to administer             2,783        

medications.                                                                    

      (2)  The nurse has successfully completed a course in        2,785        

intravenous administration approved by the board of nursing that   2,786        

includes both of the following:                                    2,787        

                                                          62     


                                                                 
      (a)  A minimum of forty hours of training that includes all  2,789        

of the following:                                                  2,790        

      (i)  The curriculum established by rules adopted by the      2,792        

board of nursing and in effect on January 1, 1999;                 2,794        

      (ii)  Training in the anatomy and physiology of the          2,796        

cardiovascular system, signs and symptoms of local and systemic    2,797        

complications in the administration of fluids and antibiotic       2,799        

additives, and guidelines for management of these complications;   2,800        

      (iii)  Any other training or instruction the board           2,802        

considers appropriate.                                             2,803        

      (b)  A testing component that includes three venipunctures   2,805        

supervised by a physician or registered nurse in a health care     2,806        

setting.                                                           2,807        

      (B)  A licensed practical nurse may perform intravenous      2,809        

therapy only if authorized by the board of nursing pursuant to     2,811        

division (A) of this section and only if it is performed in        2,812        

accordance with this section.                                                   

      A licensed practical nurse authorized to perform             2,814        

intravenous therapy may perform an intravenous therapy procedure   2,815        

only at the direction of one of the following:                     2,816        

      (1)  A licensed physician, dentist, optometrist, or          2,818        

podiatrist who, except as provided in division (C)(2) of this      2,819        

section, is present and readily available at the facility where    2,820        

the intravenous therapy procedure is performed;                    2,821        

      (2)  A registered nurse in accordance with division (C) of   2,824        

this section.                                                                   

      (C)(1)  Except as provided in division (C)(2) of this        2,826        

section, when a licensed practical nurse authorized to perform     2,827        

intravenous therapy performs an intravenous therapy procedure at   2,828        

the direction of a registered nurse, the registered nurse or       2,830        

another registered nurse shall be readily available at the site    2,831        

where the intravenous therapy is performed, and before the         2,832        

licensed practical nurse initiates the intravenous therapy, the    2,833        

registered nurse shall personally perform an on-site assessment    2,834        

                                                          63     


                                                                 
of the individual who is to receive the intravenous therapy.       2,835        

      (2)  When a licensed practical nurse authorized to perform   2,837        

intravenous therapy performs an intravenous therapy procedure in   2,838        

a home as defined in section 3721.10 of the Revised Code, or in    2,839        

an intermediate care facility for the mentally retarded as         2,840        

defined in section 5111.20 of the Revised Code, at the direction   2,842        

of a registered nurse or licensed physician, dentist,              2,843        

optometrist, or podiatrist, a registered nurse shall be on the     2,844        

premises of the home or facility or accessible by some form of     2,845        

telecommunication.                                                              

      (D)  No licensed practical nurse shall perform any of the    2,847        

following intravenous therapy procedures:                          2,848        

      (1)  Initiating or maintaining any of the following:         2,850        

      (a)  Blood or blood components;                              2,852        

      (b)  Solutions for total parenteral nutrition;               2,854        

      (c)  Any cancer therapeutic medication including, but not    2,856        

limited to, cancer chemotherapy or an anti-neoplastic agent;       2,857        

      (d)  Solutions administered through any central venous line  2,859        

or arterial line or any other line that does not terminate in a    2,861        

peripheral vein, except that a licensed practical nurse may        2,862        

maintain the solutions specified in division (D)(6) of this        2,863        

section that are being administered through a central venous line  2,864        

or peripherally inserted central catheter;                         2,865        

      (e)  Any investigational or experimental medication.         2,867        

      (2)  Initiating intravenous therapy in any vein other than   2,869        

a vein of the hand, forearm, or antecubital fossa;                 2,870        

      (3)  Discontinuing a central venous, arterial, or any other  2,872        

line that does not terminate in a peripheral vein;                 2,873        

      (4)  Initiating or discontinuing a peripherally inserted     2,875        

central catheter;                                                  2,876        

      (5)  Mixing, preparing, or reconstructing any medication     2,878        

for intravenous therapy, except that a licensed practical nurse    2,879        

authorized to perform intravenous therapy may prepare or           2,880        

reconstitute an antibiotic additive;                               2,881        

                                                          64     


                                                                 
      (6)  Administering medication via the intravenous route      2,883        

including all of the following:                                    2,884        

      (a)  Adding medication to an intravenous solution or to an   2,886        

existing infusion, except that a licensed practical nurse          2,888        

authorized to administer intravenous therapy may initiate an       2,889        

intravenous infusion containing one or more of the following       2,890        

elements:                                                                       

      (i)  Dextrose 5%;                                            2,892        

      (ii)  Normal saline;                                         2,894        

      (iii)  Lactated ringers;                                     2,896        

      (iv)  Sodium chloride .45%;                                  2,898        

      (v)  Sodium chloride 0.2%;                                   2,900        

      (vi)  Water.                                                 2,902        

      (b)  Initiating or maintaining an intravenous piggyback      2,904        

infusion, except that a licensed practical nurse authorized to     2,905        

administer intravenous therapy may initiate or maintain an         2,906        

intravenous piggyback infusion containing an antibiotic additive;  2,907        

      (c)  Injecting medication via a direct intravenous route,    2,909        

except that a licensed practical nurse authorized to administer    2,910        

intravenous therapy may inject heparin or normal saline to flush   2,912        

an intermittent infusion device or heparin lock including, but     2,913        

not limited to, bolus or push.                                                  

      (7)  Aspirating any intravenous line to maintain patency;    2,915        

      (8)  Changing tubing on any line other than one that         2,917        

terminates in a peripheral vein including, but not limited to, an  2,918        

arterial line or a central venous line;                            2,919        

      (9)  Programming or setting any function of a patient        2,921        

controlled infusion pump.                                          2,922        

      (E)  Notwithstanding division (D) of this section, at the    2,924        

direction of a licensed physician or a registered nurse, a         2,925        

licensed practical nurse authorized to perform intravenous         2,927        

therapy may perform the following activities for the purpose of    2,928        

performing dialysis;                                                            

      (1)  The routine administration and regulation of saline     2,930        

                                                          65     


                                                                 
solution for the purpose of maintaining an established fluid       2,931        

plan;                                                                           

      (2)  The administration of a heparin dose intravenously;     2,933        

      (3)  The administration of a heparin dose peripherally via   2,935        

a fistula needle;                                                  2,936        

      (4)  The loading and activation of a constant infusion pump  2,938        

or the intermittent injection of a dose of medication prescribed   2,939        

by a licensed physician for dialysis.                              2,940        

      (F)  No person shall employ or direct a licensed practical   2,942        

nurse to perform an intravenous therapy procedure without first    2,943        

verifying that the licensed practical nurse has been approved by   2,944        

the board of nursing to perform intravenous therapy.               2,945        

      (G)  The board of nursing shall maintain a registry of the   2,947        

names of licensed practical nurses authorized pursuant to          2,948        

division (A) of this section to perform intravenous therapy.       2,949        

      Sec. 4723.28.  As used in this section, "dangerous drug"     2,958        

and "prescription" have the same meanings as in section 4729.01    2,960        

of the Revised Code.                                                            

      (A)  The board of nursing, pursuant to an adjudication       2,962        

conducted under Chapter 119. of the Revised Code and by a vote of  2,963        

a quorum, may revoke or may refuse to grant a license or           2,964        

certificate to a person found by the board to have committed       2,966        

fraud in passing the examination or to have committed fraud,       2,967        

misrepresentation, or deception in applying for or securing any    2,968        

license or certificate issued by the board.                        2,970        

      (B)  The board of nursing, pursuant to an adjudication       2,972        

conducted under Chapter 119. of the Revised Code and by a vote of  2,973        

a quorum, may impose one or more of the following sanctions:       2,974        

deny, revoke permanently, suspend, or place restrictions on any    2,975        

license or certificate issued by the board; reprimand or           2,977        

otherwise discipline a holder of a license or certificate; or      2,978        

impose a fine of not more than five hundred dollars per            2,980        

violation.  The sanctions may be imposed for any of the                         

following:                                                         2,981        

                                                          66     


                                                                 
      (1)  Denial, revocation, suspension, or restriction of a     2,983        

license to practice nursing, for any reason other than a failure   2,984        

to renew, in another state or jurisdiction; or denial,             2,985        

revocation, suspension, or restriction of a license to practice a  2,986        

health care occupation other than nursing, for any reason other    2,987        

than a failure to renew, in Ohio or another state or               2,988        

jurisdiction;                                                                   

      (2)  Engaging in the practice of nursing, having failed to   2,990        

renew a license issued under this chapter, or while a license is   2,991        

under suspension;                                                  2,992        

      (3)  Conviction of, a plea of guilty to, or a judicial       2,994        

finding of guilt of a misdemeanor committed in the course of       2,995        

practice;                                                          2,996        

      (4)  Conviction of, a plea of guilty to, or a judicial       2,998        

finding of guilt of any felony or of any crime involving gross     2,999        

immorality or moral turpitude;                                     3,000        

      (5)  Selling, giving away, or administering drugs OR         3,002        

THERAPEUTIC DEVICES for other than legal and legitimate            3,003        

therapeutic purposes; or conviction of, a plea of guilty to, or a  3,005        

judicial finding of guilt of violating any municipal, state,       3,006        

county, or federal drug law;                                                    

      (6)  Conviction of, a plea of guilty to, or a judicial       3,008        

finding of guilt of an act in another jurisdiction that would      3,009        

constitute a felony or a crime of moral turpitude in Ohio;         3,010        

      (7)  Conviction of, a plea of guilty to, or a judicial       3,012        

finding of guilt of an act in the course of practice in another    3,013        

jurisdiction that would constitute a misdemeanor in Ohio;          3,014        

      (8)  Self-administering or otherwise taking into the body    3,016        

any dangerous drug in any way not in accordance with a legal,      3,017        

valid prescription;                                                3,018        

      (9)  Habitual indulgence in the use of controlled            3,020        

substances, other habit-forming drugs, or alcohol or other         3,021        

chemical substances to an extent that impairs ability to           3,022        

practice;                                                          3,023        

                                                          67     


                                                                 
      (10)  Impairment of the ability to practice according to     3,025        

acceptable and prevailing standards of safe nursing care because   3,026        

of habitual or excessive use of drugs, alcohol, or other chemical  3,029        

substances that impair the ability to practice;                    3,030        

      (11)  Impairment of the ability to practice according to     3,032        

acceptable and prevailing standards of safe nursing care because   3,033        

of a physical or mental disability;                                3,034        

      (12)  Assaulting or causing harm to a patient or depriving   3,036        

a patient of the means to summon assistance;                       3,037        

      (13)  Obtaining or attempting to obtain money or anything    3,039        

of value by intentional misrepresentation or material deception    3,040        

in the course of practice;                                         3,041        

      (14)  Adjudication by a probate court that the license       3,043        

applicant or license holder is mentally ill or mentally            3,044        

incompetent.  The board may restore the license upon adjudication  3,045        

by a probate court of the person's restoration to competency or    3,046        

upon submission to the board of other proof of competency.         3,047        

      (15)  The suspension or termination of employment by the     3,049        

department of defense or the veterans administration of the        3,050        

United States for any act that violates or would violate this      3,051        

chapter;                                                           3,052        

      (16)  Violation of this chapter or any rules adopted under   3,054        

it;                                                                3,055        

      (17)  Violation of any restrictions placed on a license by   3,057        

the board;                                                         3,058        

      (18)  Failure to use universal blood and body fluid          3,060        

precautions established by rules adopted under section 4723.07 of  3,061        

the Revised Code;                                                  3,062        

      (19)  Failure to practice in accordance with acceptable and  3,065        

prevailing standards of safe nursing care;                         3,066        

      (20)  In the case of a registered nurse, engaging in         3,068        

activities that exceed the practice of nursing as a registered     3,069        

nurse under section 4723.02 of the Revised Code;                   3,070        

      (21)  In the case of a licensed practical nurse, engaging    3,072        

                                                          68     


                                                                 
in activities that exceed the practice of nursing as a licensed    3,073        

practical nurse under section 4723.02 of the Revised Code;         3,074        

      (22)  Aiding and abetting in the unlicensed practice of      3,076        

nursing;                                                           3,077        

      (23)  In the case of a certified registered nurse            3,079        

anesthetist, clinical nurse specialist, certified nurse-midwife,   3,081        

or certified nurse practitioner, or a registered nurse approved    3,082        

as an advanced practice nurse under section 4723.55 of the         3,083        

Revised Code, either of the following:                             3,084        

      (a)  Waiving the payment of all or any part of a deductible  3,086        

or copayment that a patient, pursuant to a health insurance or     3,087        

health care policy, contract, or plan that covers such nursing     3,088        

services, would otherwise be required to pay if the waiver is      3,089        

used as an enticement to a patient or group of patients to         3,090        

receive health care services from that provider;                   3,091        

      (b)  Advertising that the nurse will waive the payment of    3,093        

all or any part of a deductible or copayment that a patient,       3,094        

pursuant to a health insurance or health care policy, contract,    3,095        

or plan that covers such nursing services, would otherwise be      3,096        

required to pay.                                                   3,097        

      (24)  Failure to comply with the terms and conditions of     3,099        

participation in the alternative program for chemically dependent  3,101        

nurses created by section 4723.35 of the Revised Code;             3,102        

      (25)  Failure to comply with the terms and conditions        3,104        

required under the practice intervention and improvement program   3,105        

established under section 4723.282 of the Revised Code;            3,106        

      (26)  In the case of a certified registered nurse            3,108        

anesthetist, clinical nurse specialist, certified nurse-midwife,   3,110        

or certified nurse practitioner:                                   3,111        

      (a)  Engaging in activities that exceed those permitted for  3,114        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      3,115        

      (b)  Failure to meet the quality assurance standards         3,117        

established under section 4723.07 of the Revised Code.             3,119        

                                                          69     


                                                                 
      (27)  In the case of a clinical nurse specialist, certified  3,122        

nurse-midwife, or certified nurse practitioner, failure to         3,123        

maintain a standard care arrangement in accordance with section    3,124        

4723.431 of the Revised Code or to practice in accordance with     3,125        

the standard care arrangement;                                     3,126        

      (28)  IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED  3,129        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A         3,130        

CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE       3,132        

REVISED CODE, FAILURE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES   3,133        

IN ACCORDANCE WITH SECTION 4723.481 OF THE REVISED CODE;           3,134        

      (29)  PRESCRIBING ANY DRUG OR DEVICE TO PERFORM OR INDUCE    3,137        

AN ABORTION, OR OTHERWISE PERFORMING OR INDUCING AN ABORTION;      3,138        

      (30)  FAILURE TO RETURN TO THE BOARD A LICENSE OR            3,140        

CERTIFICATE ISSUED UNDER THIS CHAPTER THAT HAS LAPSED OR BEEN      3,141        

SUSPENDED OR REVOKED.                                              3,142        

      (C)  If a criminal action is brought against a license       3,144        

holder for an act or crime described in divisions (B)(3) to (7)    3,145        

of this section and the action is dismissed by the trial court     3,146        

other than on the merits, the board shall hold an adjudication     3,148        

hearing to determine whether the license holder committed the act               

on which the action was based.  If the board determines on the     3,149        

basis of the hearing that the license holder committed the act,    3,150        

or if the license holder fails to participate in the hearing, the  3,151        

board may take action as though the license holder had been        3,152        

convicted of the act.                                              3,153        

      If the board takes action on the basis of a conviction,      3,155        

plea of guilty, or a judicial determination of guilt as described  3,156        

in divisions (B)(3) to (7) of this section that is overturned on   3,157        

appeal, the license holder may, on exhaustion of the appeal        3,158        

process, petition the board for reconsideration of its action.     3,159        

On receipt of the petition and supporting court documents, the     3,160        

board shall temporarily rescind its action.  If the board          3,161        

determines that the decision on appeal was a decision on the       3,162        

merits, it shall permanently rescind its action.  If the board     3,163        

                                                          70     


                                                                 
determines that the decision on appeal was not a decision on the   3,164        

merits, it shall hold an adjudicatory hearing to determine         3,165        

whether the license holder committed the act on which the          3,166        

original conviction, plea, or judicial determination was based.    3,167        

If the board determines on the basis of the hearing that the       3,168        

license holder committed such act, or if the license holder does   3,169        

not request a hearing, the board shall reinstate its action;       3,170        

otherwise, the board shall permanently rescind its action.         3,171        

      Notwithstanding the provision of division (C)(2) of section  3,173        

2953.32 of the Revised Code specifying that if records pertaining  3,174        

to a criminal case are sealed under that section the proceedings   3,175        

in the case shall be deemed not to have occurred, sealing of the   3,176        

records of a conviction on which the board has based an action     3,177        

under this section shall have no effect on the board's action or   3,178        

any sanction imposed by the board under this section.              3,179        

      (D)  In enforcing division (B) of this section, the board    3,181        

may compel any individual licensed by this chapter or who has      3,182        

applied for licensure to submit to a mental or physical            3,183        

examination, or both, as required by the board and at the expense  3,184        

of the individual.  Failure of any individual to submit to a       3,185        

mental or physical examination when directed constitutes an        3,186        

admission of the allegations, unless the failure is due to         3,187        

circumstances beyond the individual's control, and a default and   3,188        

final order may be entered without the taking of testimony or      3,189        

presentation of evidence.  If the board finds that an individual   3,190        

is impaired, the board shall require the individual to submit to   3,191        

care, counseling, or treatment approved or designated by the       3,192        

board, as a condition for initial, continued, reinstated, or       3,193        

renewed licensure to practice.  The individual shall be afforded   3,194        

an opportunity to demonstrate to the board that the individual     3,195        

can resume the individual's occupation in compliance with          3,197        

acceptable and prevailing standards under the provisions of the    3,199        

individual's license.  For the purpose of this section, any        3,201        

individual who is licensed by this chapter or makes application    3,202        

                                                          71     


                                                                 
for licensure shall be deemed to have given consent to submit to   3,203        

a mental or physical examination when directed to do so in         3,204        

writing by the board, and to have waived all objections to the     3,205        

admissibility of testimony or examination reports that constitute  3,206        

a privileged communication.                                                     

      (E)  The board shall investigate evidence that appears to    3,208        

show that any person has violated any provision of this chapter    3,209        

or any rule of the board.  Any person may report to the board any  3,210        

information the person may have that appears to show a violation   3,211        

of any provision of this chapter or rule of the board.  In the     3,212        

absence of bad faith, any person who reports such information or   3,213        

who testifies before the board in any adjudication conducted       3,215        

under Chapter 119. of the Revised Code shall not be liable for     3,216        

civil damages as a result of the report or testimony.                           

      Information received by the board pursuant to an             3,218        

investigation is confidential and not subject to discovery in any  3,219        

civil action, except that the board may disclose information to    3,220        

law enforcement officers and government entities investigating a   3,221        

person licensed by the board.  No law enforcement officer or       3,222        

government entity with knowledge of any information disclosed by   3,223        

the board pursuant to this division shall divulge the information  3,224        

to any other person or government entity except for the purpose    3,225        

of an adjudication by a court or licensing or registration board   3,226        

or officer to which the person to whom the information relates is               

a party.                                                           3,227        

      If the investigation requires a review of patient records,   3,229        

the investigation and proceeding shall be conducted in such a      3,230        

manner as to protect patient confidentiality.                      3,231        

      All hearings and investigations of the board shall be        3,233        

considered civil actions for the purposes of section 2305.251 of   3,234        

the Revised Code.                                                  3,235        

      The hearings of the board shall be conducted in accordance   3,237        

with Chapter 119. of the Revised Code.  The board may appoint a    3,238        

hearing examiner as provided in section 119.09 to conduct any      3,239        

                                                          72     


                                                                 
hearing the board is empowered to hold under Chapter 119. of the   3,240        

Revised Code.                                                      3,241        

      In the absence of fraud or bad faith, neither the board nor  3,243        

any current or former members, agents, representatives, or         3,244        

employees of the board shall be held liable in damages to any      3,245        

person as the result of any act, omission, proceeding, conduct,    3,246        

or decision related to their official duties undertaken or         3,247        

performed pursuant to this chapter.  If a current or former        3,248        

member, agent, representative, or employee requests the state to   3,249        

defend the individual against any claim or action arising out of   3,250        

any act, omission, proceeding, conduct, or decision related to     3,252        

the individual's official duties, if the request is made in        3,254        

writing at a reasonable time before trial, and if the individual   3,255        

requesting defense cooperates in good faith in the defense of the  3,256        

claim or action, the state shall provide and pay for such defense  3,257        

and shall pay any resulting judgment, compromise, or settlement.   3,258        

At no time shall the state pay that part of a claim or judgment    3,259        

that is for punitive or exemplary damages.                         3,260        

      (F)  Any action taken by the board under this section        3,262        

resulting in a suspension from practice shall be accompanied by a  3,263        

written statement of the conditions under which the person may be  3,264        

reinstated to practice.                                            3,265        

      (G)  No unilateral surrender of a license issued under this  3,267        

chapter shall be effective unless accepted by majority vote of     3,268        

the board.  No application for a license issued under this         3,269        

chapter may be withdrawn without a majority vote of the board.     3,270        

      (H)  Notwithstanding division (B)(23) of this section,       3,272        

sanctions shall not be imposed against any licensee who waives     3,273        

deductibles and copayments:                                        3,274        

      (1)  In compliance with the health benefit plan that         3,276        

expressly allows such a practice.  Waiver of the deductibles or    3,277        

copayments shall be made only with the full knowledge and consent  3,278        

of the plan purchaser, payer, and third-party administrator.  The  3,279        

consent shall be made available to the board upon request.         3,280        

                                                          73     


                                                                 
      (2)  For professional services rendered to any other person  3,282        

licensed pursuant to this chapter to the extent allowed by this    3,283        

chapter and the rules of the board.                                3,284        

      (I)  THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER     3,286        

THIS CHAPTER SHALL RETURN TO THE BOARD A LICENSE OR CERTIFICATE    3,287        

THAT HAS LAPSED OR BEEN SUSPENDED OR REVOKED.                      3,288        

      Sec. 4723.41.  (A)  Each person who desires to practice      3,297        

nursing as a certified nurse-midwife and has not been authorized   3,299        

to practice midwifery prior to December 1, 1967, and each person   3,300        

who desires to practice nursing as a certified registered nurse    3,301        

anesthetist, clinical nurse specialist, or certified nurse         3,302        

practitioner shall file with the board of nursing a written        3,303        

application for authorization to practice nursing in the desired   3,304        

specialty, under oath, on a form prescribed by the board.          3,305        

      Except as provided in divisions (B), (C), and (D) of this    3,308        

section, at the time of making application, the applicant shall    3,309        

meet all of the following requirements:                            3,310        

      (1)  Be a registered nurse;                                  3,312        

      (2)  Submit documentation satisfactory to the board that     3,316        

the applicant has earned at least a master's GRADUATE degree with  3,317        

a major in a nursing specialty or in a related field that          3,318        

qualifies the applicant to sit for the certification examination   3,319        

of a national certifying organization listed in division (A)(3)    3,320        

of this section or approved by the board under section 4723.46 of  3,322        

the Revised Code;                                                  3,323        

      (3)  Submit documentation satisfactory to the board of       3,326        

having passed the certification examination of one of the          3,327        

following:                                                                      

      (a)  If the applicant is applying to practice nursing as a   3,329        

certified nurse-midwife, the American college of nurse-midwives    3,330        

or another national certifying organization approved by the board  3,331        

under section 4723.46 of the Revised Code to examine and certify   3,333        

nurse-midwives;                                                                 

      (b)  If the applicant is applying to practice nursing as a   3,335        

                                                          74     


                                                                 
certified registered nurse anesthetist, the national council on    3,336        

certification of nurse anesthetists of the American association    3,338        

of nurse anesthetists, the national council on recertification of  3,339        

nurse anesthetists of the American association of nurse            3,340        

anesthetists, or another national certifying organization          3,341        

approved by the board under section 4723.46 of the Revised Code    3,342        

to examine and certify registered nurse anesthetists;              3,343        

      (c)  If the applicant is applying to practice nursing as a   3,345        

clinical nurse specialist, the American nurses credentialing       3,347        

center or another national certifying organization approved by     3,348        

the board under section 4723.46 of the Revised Code to examine     3,349        

and certify clinical nurse specialists;                            3,350        

      (d)  If the applicant is applying to practice nursing as a   3,352        

certified nurse practitioner, the American nurses credentialing    3,353        

center, the national certification corporation, the national       3,354        

board of pediatric nurse practitioners and associates, or another  3,355        

national certifying organization approved by the board under       3,356        

section 4723.46 of the Revised Code to examine and certify nurse   3,358        

practitioners.                                                                  

      (4)  Submit an affidavit with the application that states    3,361        

all of the following:                                                           

      (a)  That the applicant is the person named in the           3,364        

documents submitted under divisions (A)(2) and (3) of this         3,366        

section and is the lawful possessor thereof;                                    

      (b)  The applicant's age, residence, the school at which     3,368        

the applicant obtained education in the applicant's nursing        3,371        

specialty, and any other facts that the board requires;            3,373        

      (c)  If the applicant is already engaged in the practice of  3,376        

nursing as a certified registered nurse anesthetist, clinical      3,377        

nurse specialist, certified nurse-midwife, or certified nurse      3,378        

practitioner, the period during which and the place where the      3,379        

applicant is engaged;                                                           

      (d)  If the applicant is already engaged in the practice of  3,382        

nursing as a clinical nurse specialist, certified nurse-midwife,                

                                                          75     


                                                                 
or certified nurse practitioner, the names and business addresses  3,383        

of the applicant's current collaborating physicians and            3,384        

podiatrists.  If the applicant is not yet engaged in the practice  3,386        

of nursing as a clinical nurse specialist, certified               3,387        

nurse-midwife, or certified nurse practitioner, the applicant                   

shall submit the names and business addresses of the applicant's   3,388        

collaborating physicians or podiatrists not later than thirty      3,389        

days after first engaging in the practice.  The applicant shall    3,390        

give written notice to the board of any additions or deletions to  3,391        

the affidavit of collaborating physicians or podiatrists not       3,392        

later than thirty days after the change takes effect.                           

      (B)  On or before December 31, 2000, the board shall issue   3,395        

to an applicant a certificate of authority to practice nursing as  3,396        

a certified registered nurse anesthetist, certified                3,397        

nurse-midwife, or certified nurse practitioner if the applicant                 

complies with all requirements of this section, other than the     3,399        

requirement that the applicant has earned at least a master's      3,400        

GRADUATE degree with a major in a nursing specialty or in a        3,402        

related field that qualifies the applicant to sit for the          3,403        

certification examination of a national certifying organization    3,404        

listed in division (A)(3) of this section or approved by the       3,406        

board under section 4723.46 of the Revised Code.                   3,407        

      (C)  On or before December 31, 2000, the board shall issue   3,410        

to an applicant a certificate of authority to practice nursing as  3,411        

a clinical nurse specialist if one of the following applies:       3,412        

      (1)  The applicant holds a master's or higher GRADUATE       3,414        

degree with a major in a clinical area of nursing from an          3,417        

educational institution accredited by a national or regional       3,418        

accrediting organization and complies with all requirements of     3,420        

this section, other than the requirement of having passed a        3,421        

certification examination.                                                      

      (2)  The applicant holds a master's or higher GRADUATE       3,423        

degree in nursing or a related field and is certified as a         3,427        

clinical nurse specialist by the American nurses credentialing     3,428        

                                                          76     


                                                                 
center or another national certifying organization approved by                  

the board under section 4723.46 of the Revised Code.               3,429        

      (D)  On or before December 31, 2008, the board shall issue   3,432        

to an applicant a certificate of authority to practice nursing as  3,433        

a certified nurse practitioner if the applicant has successfully   3,434        

completed a nurse practitioner certificate program that receives   3,435        

funding under and is employed by a public agency or a private,     3,436        

nonprofit entity that receives funding under Title X of the        3,438        

"Public Health Service Act," 42 U.S.C. 300 and 300a-1 (1991), and  3,441        

complies with all requirements of this section, other than the     3,442        

requirement that the applicant has earned at least a master's      3,443        

GRADUATE degree with a major in a nursing specialty or a related   3,445        

field.                                                                          

      (E)  A certified registered nurse anesthetist, clinical      3,448        

nurse specialist, certified nurse-midwife, or certified nurse      3,449        

practitioner who is practicing as such in another jurisdiction     3,450        

may apply for a certificate of authority to practice nursing as a  3,451        

certified registered nurse anesthetist, clinical nurse             3,452        

specialist, certified nurse-midwife, or certified nurse            3,453        

practitioner in this state if the nurse meets the requirements                  

for a certificate of authority set forth in this section.  The     3,454        

application shall be submitted to the board in the form            3,456        

prescribed by rules of the board and be accompanied by the         3,457        

application fee required by section 4723.08 of the Revised Code.   3,459        

The application shall include evidence that the applicant meets    3,460        

the requirements of this section, holds a license or certificate   3,461        

to practice nursing as a certified registered nurse anesthetist,   3,462        

clinical nurse specialist, certified nurse-midwife, or certified   3,463        

nurse practitioner in good standing in another jurisdiction        3,465        

granted after meeting requirements approved by the entity of that  3,466        

jurisdiction that licenses nurses, and other information required  3,467        

by rules of the board of nursing.                                  3,468        

      If the applicant is a certified registered nurse             3,470        

anesthetist, certified nurse-midwife, or certified nurse           3,471        

                                                          77     


                                                                 
practitioner who, on or before December 31, 2000, met the          3,473        

requirements of this section to practice as such and has           3,474        

maintained certification in the applicant's nursing specialty      3,475        

with a national certifying organization listed in division (A)(3)  3,477        

of section 4723.41 of the Revised Code or approved by the board    3,479        

under section 4723.46 of the Revised Code, division (B) of this    3,483        

section shall apply.                                               3,484        

      If the applicant is a clinical nurse specialist who, on or   3,486        

before December 31, 2000, met the requirements of this section to  3,488        

practice as such, division (C) of this section shall apply.        3,489        

      Sec. 4723.42.  (A)  If the applicant for authorization to    3,498        

practice nursing as a certified registered nurse anesthetist,      3,500        

clinical nurse specialist, certified nurse-midwife, or certified   3,503        

nurse practitioner has met all the requirements of section         3,505        

4723.41 of the Revised Code and has paid the fee required by       3,507        

section 4723.08 of the Revised Code, the board of nursing shall    3,508        

issue its certificate of authority to practice nursing as a        3,510        

certified registered nurse anesthetist, clinical nurse             3,511        

specialist, certified nurse-midwife, or certified nurse            3,513        

practitioner, which shall designate the nursing specialty the      3,515        

nurse is authorized to practice.  The certificate entitles its     3,516        

holder to practice nursing in the specialty designated on the      3,517        

certificate.                                                                    

      The board shall issue or deny its certificate not later      3,520        

than sixty days after receiving all of the documents required by   3,521        

section 4723.41 of the Revised Code.  Not later than fifteen days  3,523        

after receipt of an application, the board shall provide the       3,524        

applicant with written notice, by mail, of any required documents  3,525        

that remain to be submitted.                                       3,526        

      If an applicant is under investigation for a violation of    3,529        

this chapter, the board shall conclude the investigation not       3,530        

later than ninety days after receipt of all required documents,    3,531        

unless this ninety-day period is extended by written consent of    3,532        

the applicant, or unless the board determines that a substantial   3,534        

                                                          78     


                                                                 
question of such a violation exists and the board has notified     3,535        

the applicant in writing of the reasons for the continuation of    3,536        

the investigation.  If the board determines that the applicant     3,537        

has not violated this chapter, it shall issue a certificate not    3,538        

later than forty-five days after making that determination.        3,541        

      (B)  Authorization to practice nursing as a certified        3,544        

registered nurse anesthetist, clinical nurse specialist,           3,546        

certified nurse-midwife, or certified nurse practitioner shall be  3,548        

renewed biennially according to rules and a schedule adopted by    3,550        

the board.  Before a date specified by the board, the board shall  3,552        

mail an application for renewal of a certificate of authority to   3,553        

each certificate holder at the last known address of the holder.   3,556        

Failure of the holder to receive an application for renewal from   3,557        

the board does not excuse the holder from the requirements of      3,558        

section 4723.44 of the Revised Code. Not later than the date       3,559        

specified by the board, the holder shall complete the renewal      3,561        

form and return it to the board with all of the following:         3,562        

      (1)  The renewal fee required by section 4723.08 of the      3,564        

Revised Code;                                                      3,565        

      (2)  Except as provided in division (C) of this section,     3,568        

documentation satisfactory to the board that the holder has        3,569        

maintained certification in the nursing specialty with a national  3,570        

certifying organization listed in division (A)(3) of section       3,572        

4723.41 of the Revised Code or approved by the board under         3,573        

section 4723.46 of the Revised Code;                               3,574        

      (3)  A list of the names and business addresses of the       3,576        

holder's current collaborating physicians and podiatrists, if the  3,577        

holder is a clinical nurse specialist, certified nurse-midwife,    3,578        

or certified nurse practitioner;                                                

      (4)  If the holder's certificate was issued under division   3,581        

(C) of section 4723.41 of the Revised Code, evidence that the      3,582        

holder has completed continuing education for a clinical nurse     3,583        

specialist as required by rule of the board;                       3,584        

      (5)  If the holder's certificate was issued under division   3,587        

                                                          79     


                                                                 
(D) of section 4723.41 of the Revised Code, verification of        3,588        

continued employment by a public agency or a private, nonprofit    3,589        

entity that receives funding under Title X of the "Public Health   3,591        

Service Act," 42 U.S.C. 300 and 300a-1 (1991).                     3,593        

      On receipt of the renewal application, fees, and documents,  3,596        

the board shall verify that the applicant holds a current license  3,598        

to practice nursing as a registered nurse in this state, and, if   3,600        

it so verifies, shall renew the certificate.  If an applicant      3,601        

submits the completed renewal application after the date           3,602        

specified in the board's schedule, but before the expiration of    3,603        

the certificate, the board shall grant a renewal when the late     3,604        

renewal fee required by section 4723.08 of the Revised Code is     3,605        

paid.                                                                           

      An applicant for reinstatement of an expired certificate     3,608        

shall submit the renewal fee and the late renewal fee required by  3,611        

section 4723.08 of the Revised Code.  Any holder of a certificate  3,612        

who desires inactive status shall give the board written notice    3,613        

to that effect.                                                                 

      (C)  The board shall renew a certificate of authority to     3,616        

practice nursing as a clinical nurse specialist issued pursuant    3,617        

to division (C) of section 4723.41 of the Revised Code, if the     3,619        

certificate holder complies with all renewal requirements of this  3,620        

section other than the requirement of having maintained            3,621        

certification in the holder's nursing specialty.                   3,622        

      Sec. 4723.43.  A certified registered nurse anesthetist,     3,632        

clinical nurse specialist, certified nurse-midwife, or certified   3,633        

nurse practitioner may provide to individuals and groups nursing   3,635        

care that requires knowledge and skill obtained from advanced      3,636        

formal education and clinical experience.                                       

      (A)  A nurse authorized to practice as a certified           3,639        

nurse-midwife, in collaboration with ONE OR MORE physicians, may   3,640        

provide the management of preventive services and those primary    3,641        

care services necessary to provide health care to women            3,642        

antepartally, intrapartally, postpartally, and gynecologically,    3,643        

                                                          80     


                                                                 
consistent with the nurse's education and certification, and in    3,644        

accordance with rules adopted by the board.                                     

      No certified nurse-midwife may perform version, deliver      3,647        

breech or face presentation, use forceps, do any obstetric         3,648        

operation, or treat any other abnormal condition, except in        3,649        

emergencies.  Division (A) of this section does not prohibit a     3,651        

certified nurse-midwife from performing episiotomies or normal     3,652        

vaginal deliveries, or repairing vaginal tears.  A CERTIFIED       3,653        

NURSE-MIDWIFE WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER    3,655        

SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION WITH     3,657        

ONE OR MORE PHYSICIANS, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES    3,658        

IN ACCORDANCE WITH SECTION 4723.481 OF THE REVISED CODE.           3,659        

      (B)  A nurse authorized to practice as a certified           3,662        

registered nurse anesthetist, with the supervision and in the      3,663        

immediate presence of a physician, podiatrist, or dentist, may     3,664        

administer anesthesia and perform anesthesia induction,                         

maintenance, and emergence, and may perform with supervision       3,665        

preanesthetic preparation and evaluation, postanesthesia care,     3,666        

and clinical support functions, consistent with the nurse's        3,668        

education and certification, and in accordance with rules adopted  3,669        

by the board.  A CERTIFIED REGISTERED NURSE ANESTHETIST IS NOT     3,671        

REQUIRED TO OBTAIN A CERTIFICATE TO PRESCRIBE IN ORDER TO PROVIDE  3,672        

THE ANESTHESIA CARE DESCRIBED IN THIS DIVISION.                    3,673        

      THE PHYSICIAN, PODIATRIST, OR DENTIST SUPERVISING A          3,675        

CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE ACTIVELY ENGAGED    3,677        

IN PRACTICE IN THIS STATE.  When a certified registered nurse      3,679        

anesthetist is supervised by a podiatrist, the nurse's scope of    3,680        

practice is limited to the anesthesia procedures that the          3,681        

podiatrist has the authority under section 4731.51 of the Revised  3,682        

Code to perform.  A certified registered nurse anesthetist may     3,683        

not administer general anesthesia under the supervision of a       3,684        

podiatrist in a podiatrist's office.  When a certified registered  3,685        

nurse anesthetist is supervised by a dentist, the nurse's scope    3,687        

of practice is limited to the anesthesia procedures that the                    

                                                          81     


                                                                 
dentist has the authority under Chapter 4715. of the Revised Code  3,689        

to perform.                                                                     

      (C)  A nurse authorized to practice as a certified nurse     3,691        

practitioner, in collaboration with ONE OR MORE physicians or      3,692        

podiatrists, may provide preventive and primary care services and  3,694        

evaluate and promote patient wellness within the nurse's nursing   3,695        

specialty, consistent with the nurse's education and               3,696        

certification, and in accordance with rules adopted by the board.  3,697        

When A CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO     3,698        

PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE MAY,    3,701        

IN COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS,       3,702        

PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE WITH         3,703        

SECTION 4723.481 OF THE REVISED CODE.                                           

      WHEN a certified nurse practitioner is collaborating with a  3,706        

podiatrist, the nurse's scope of practice is limited to the        3,707        

procedures that the podiatrist has the authority under section     3,708        

4731.51 of the Revised Code to perform.                            3,709        

      (D)  A nurse authorized to practice as a clinical nurse      3,712        

specialist, in collaboration with ONE OR MORE physicians or        3,713        

podiatrists, may provide and manage the care of individuals and                 

groups with complex health problems and provide health care        3,714        

services that promote, improve, and manage health care within the  3,716        

nurse's nursing specialty, consistent with the nurse's education   3,717        

and in accordance with rules adopted by the board.  When A         3,718        

CLINICAL NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO PRESCRIBE     3,719        

ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN           3,721        

COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS,          3,722        

PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE WITH         3,723        

SECTION 4731.481 OF THE REVISED CODE.                                           

      WHEN a clinical nurse specialist is collaborating with a     3,725        

podiatrist, the nurse's scope of practice is limited to the        3,726        

procedures that the podiatrist has the authority under section     3,727        

4731.51 of the Revised Code to perform.                            3,728        

      Sec. 4723.431.  (A)  Except as provided in division (C)(1)   3,738        

                                                          82     


                                                                 
of this section, a clinical nurse specialist, certified            3,739        

nurse-midwife, or certified nurse practitioner may practice only   3,740        

in accordance with a standard care arrangement entered into with                

one or more collaborating physicians or podiatrists whose          3,741        

practice EACH PHYSICIAN OR PODIATRIST WITH WHOM THE NURSE          3,743        

COLLABORATES.  A COPY OF THE STANDARD CARE ARRANGEMENT SHALL BE    3,744        

RETAINED ON FILE AT EACH SITE WHERE THE NURSE PRACTICES.  PRIOR    3,745        

APPROVAL OF THE STANDARD CARE ARRANGEMENT BY THE BOARD OF NURSING  3,746        

IS NOT REQUIRED, BUT THE BOARD MAY PERIODICALLY REVIEW IT FOR      3,747        

COMPLIANCE WITH THIS SECTION.                                      3,748        

      A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR     3,750        

CERTIFIED NURSE PRACTITIONER MAY ENTER INTO A STANDARD CARE        3,751        

ARRANGEMENT WITH ONE OR MORE COLLABORATING PHYSICIANS OR           3,752        

PODIATRISTS.  EACH PHYSICIAN OR PODIATRIST MUST BE ACTIVELY        3,753        

ENGAGED IN DIRECT CLINICAL PRACTICE IN THIS STATE AND PRACTICING   3,754        

IN A SPECIALTY THAT is the same as or similar to the nurse's       3,756        

nursing specialty.  The IF A COLLABORATING PHYSICIAN OR            3,757        

PODIATRIST ENTERS INTO STANDARD CARE ARRANGEMENTS WITH MORE THAN   3,758        

THREE NURSES WHO HOLD CERTIFICATES TO PRESCRIBE ISSUED UNDER       3,759        

SECTION 4723.48 OF THE REVISED CODE, THE PHYSICIAN OR PODIATRIST   3,761        

SHALL NOT COLLABORATE AT THE SAME TIME WITH MORE THAN THREE OF     3,762        

THE NURSES IN THE PRESCRIBING COMPONENT OF THEIR PRACTICES.        3,763        

      (B)  A standard care arrangement shall be in writing and,    3,766        

EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, SHALL       3,767        

contain all of the following:                                                   

      (1)  Criteria for referral of a patient by the clinical      3,769        

nurse specialist, certified nurse-midwife, or certified nurse      3,770        

practitioner to a collaborating physician or podiatrist;           3,771        

      (2)  A process for the clinical nurse specialist, certified  3,773        

nurse-midwife, or certified nurse practitioner to obtain a         3,774        

consultation with the A COLLABORATING physician or podiatrist;     3,775        

      (3)  A plan for coverage in instances of emergency or        3,777        

planned absences of either the clinical nurse specialist,          3,778        

certified nurse-midwife, or certified nurse practitioner or the A  3,779        

                                                          83     


                                                                 
collaborating physician or podiatrist that provides the means      3,781        

whereby a physician or podiatrist is available for emergency                    

care;                                                              3,782        

      (4)  The process for resolution of disagreements regarding   3,784        

matters of patient management between the clinical nurse           3,785        

specialist, certified nurse-midwife, or certified nurse            3,786        

practitioner and the A collaborating physician or podiatrist;      3,788        

      (5)  A procedure for a regular review of the referrals by    3,790        

the clinical nurse specialist, certified nurse-midwife, or         3,791        

certified nurse practitioner to other health care professionals    3,792        

and the care outcomes for a random sample of all patients seen by  3,793        

the nurse;                                                                      

      (6)  If the clinical nurse specialist or certified nurse     3,796        

practitioner regularly provides services to infants, a policy for  3,797        

care of infants up to age one and recommendations for                           

collaborating physician visits for children from birth to age      3,798        

three;                                                                          

      (7)  Any other criteria required by rule of the board        3,800        

adopted pursuant to section 4723.07 OR 4723.50 of the Revised      3,801        

Code.                                                              3,802        

      (B)  The standard care arrangement shall be retained on      3,805        

file at the site where the clinical nurse specialist, certified    3,806        

nurse-midwife, or certified nurse practitioner practices by the    3,807        

nurse and the collaborating physician or podiatrist.  Prior        3,808        

approval of the standard care arrangement by the board of nursing  3,809        

is not required, but the board may periodically review it for      3,810        

compliance with this section.                                                   

      (C)(1)  A clinical nurse specialist WHO DOES NOT HOLD A      3,812        

CERTIFICATE TO PRESCRIBE AND whose nursing specialty is mental     3,815        

health or psychiatric mental health, as determined by the board,   3,816        

is not required to enter into a standard care arrangement with a   3,817        

collaborating physician, but shall practice in collaboration with  3,819        

ONE OR MORE physicians.                                                         

      (2)  IF A CLINICAL NURSE SPECIALIST PRACTICING IN EITHER OF  3,822        

                                                          84     


                                                                 
THE SPECIALTIES SPECIFIED IN DIVISION (C)(1) OF THIS SECTION       3,823        

HOLDS A CERTIFICATE TO PRESCRIBE, THE NURSE SHALL ENTER INTO A     3,825        

STANDARD CARE ARRANGEMENT WITH ONE OR MORE PHYSICIANS.  THE                     

STANDARD CARE ARRANGEMENT MUST MEET THE REQUIREMENTS OF DIVISION   3,826        

(B) OF THIS SECTION, BUT ONLY TO THE EXTENT NECESSARY TO ADDRESS   3,827        

THE PRESCRIBING COMPONENTS OF THE NURSE'S PRACTICE.                3,828        

      (D)  Nothing in this section prohibits a hospital from       3,830        

hiring a clinical nurse specialist, certified nurse-midwife, or    3,831        

certified nurse practitioner as an employee and negotiating        3,832        

standard care arrangements on behalf of the employee as necessary  3,833        

to meet the requirements of this section.  A standard care         3,834        

arrangement between the hospital's employee and the employee's                  

collaborating physician is subject to approval by the medical      3,835        

staff and governing body of the hospital prior to implementation   3,836        

of the arrangement at the hospital.                                3,837        

      Sec. 4723.432.  (A)  A CLINICAL NURSE SPECIALIST, CERTIFIED  3,839        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER SHALL COOPERATE     3,840        

WITH THE STATE MEDICAL BOARD IN ANY INVESTIGATION THE BOARD        3,842        

CONDUCTS WITH RESPECT TO A PHYSICIAN OR PODIATRIST WHO             3,843        

COLLABORATES WITH THE NURSE.  THE NURSE SHALL COOPERATE WITH THE   3,845        

BOARD IN ANY INVESTIGATION THE BOARD CONDUCTS WITH RESPECT TO THE  3,846        

UNAUTHORIZED PRACTICE OF MEDICINE BY THE NURSE.                                 

      (B)  A CERTIFIED REGISTERED NURSE ANESTHETIST SHALL          3,848        

COOPERATE WITH THE STATE MEDICAL BOARD OR STATE DENTAL BOARD IN    3,849        

ANY INVESTIGATION EITHER BOARD CONDUCTS WITH RESPECT TO A          3,851        

PHYSICIAN, PODIATRIST, OR DENTIST WHO PERMITS THE NURSE TO                      

PRACTICE WITH THE SUPERVISION OF THAT PHYSICIAN, PODIATRIST, OR    3,853        

DENTIST.  THE NURSE SHALL COOPERATE WITH EITHER BOARD IN ANY       3,855        

INVESTIGATION IT CONDUCTS WITH RESPECT TO THE UNAUTHORIZED         3,856        

PRACTICE OF MEDICINE OR DENTISTRY BY THE NURSE.                                 

      Sec. 4723.44.  (A)  No person shall do any of the following  3,865        

unless the person holds a current, valid certificate of authority  3,868        

to practice nursing as a certified registered nurse anesthetist,   3,869        

clinical nurse specialist, certified nurse-midwife, or certified   3,870        

                                                          85     


                                                                 
nurse practitioner issued by the board of nursing under this       3,872        

chapter:                                                                        

      (1)  Engage in the practice of nursing as a certified        3,874        

registered nurse anesthetist, clinical nurse specialist,           3,875        

certified nurse-midwife, or certified nurse practitioner for a     3,876        

fee, salary, or other consideration, or as a volunteer;            3,878        

      (2)  Hold herself or himself out REPRESENT THE PERSON as     3,880        

being a certified registered nurse anesthetist, clinical nurse     3,883        

specialist, certified nurse-midwife, or certified nurse            3,884        

practitioner;                                                                   

      (3)  Use any title or initials implying that the person is   3,886        

a certified registered nurse anesthetist, clinical nurse           3,887        

specialist, certified nurse-midwife, or certified nurse            3,888        

practitioner.                                                                   

      (B)  No person who is not certified by the national council  3,891        

on certification of nurse anesthetists of the American             3,892        

association of nurse anesthetists, the national council on         3,893        

recertification of nurse anesthetists of the American association  3,894        

of nurse anesthetists, or another national certifying              3,895        

organization approved by the board under section 4723.46 of the    3,896        

Revised Code shall use the title "certified registered nurse       3,898        

anesthetist" or the initials "C.R.N.A.," or any other title or     3,900        

initial implying that the person has been certified by the         3,901        

council or organization.                                           3,902        

      (C)  No certified registered nurse anesthetist, clinical     3,905        

nurse specialist, certified nurse-midwife, or certified nurse                   

practitioner shall do any of the following:                        3,907        

      (1)  Engage, for a fee, salary, or other consideration, or   3,910        

as a volunteer, in the practice of a nursing specialty other than  3,911        

the specialty designated on the nurse's current, valid                          

certificate of authority issued by the board under this chapter;   3,912        

      (2)  Hold herself or himself out REPRESENT THE PERSON as     3,914        

being authorized to practice any nursing specialty other than the  3,917        

specialty designated on the current, valid certificate;            3,918        

                                                          86     


                                                                 
      (3)  Use the title "certified registered nurse anesthetist"  3,921        

or the initials "N.A." or "C.R.N.A.," the title "clinical nurse                 

specialist" or the initials "C.N.S.," the title "certified         3,923        

nurse-midwife" or the initials "C.N.M.," the title "certified      3,924        

nurse practitioner" or the initials "C.N.P.," or any other title   3,926        

or initials implying that the nurse is authorized to practice any  3,927        

nursing specialty other than the specialty designated on the       3,928        

nurse's current, valid certificate;                                3,929        

      (4)  Enter into a standard care arrangement with a           3,931        

physician or podiatrist whose practice is not the same AS or       3,932        

similar to the nurse's nursing specialty;                          3,933        

      (5)  PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE       3,935        

NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED       3,936        

UNDER SECTION 4723.48 OF THE REVISED CODE;                         3,939        

      (6)  PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNDER A          3,942        

CERTIFICATE TO PRESCRIBE IN A MANNER THAT DOES NOT COMPLY WITH     3,943        

SECTION 4723.481 OF THE REVISED CODE;                              3,944        

      (7)  PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN    3,946        

ABORTION, OR OTHERWISE PERFORM OR INDUCE AN ABORTION.              3,947        

      (D)  No person shall knowingly employ a person to engage in  3,950        

the practice of nursing as a certified registered nurse            3,951        

anesthetist, clinical nurse specialist, certified nurse-midwife,                

or certified nurse practitioner unless the person so employed      3,952        

holds a current, valid certificate of authority to engage in that  3,953        

nursing specialty issued by the board under this chapter.          3,954        

      (E)  A certificate certified by the executive director of    3,957        

the board, under the official seal of the board, to the effect     3,958        

that it appears from the records that no certificate of authority  3,959        

to practice nursing as a certified registered nurse anesthetist,   3,961        

clinical nurse specialist, certified nurse-midwife, or certified                

nurse practitioner has been issued to any person specified         3,963        

therein, or that a certificate, if issued, has been revoked or     3,964        

suspended, shall be received as prima-facie evidence of the        3,965        

record in any court or before any officer of the state.            3,966        

                                                          87     


                                                                 
      Sec. 4723.47.  (A)  If a certified registered nurse          3,976        

anesthetist's, clinical nurse specialist's, certified              3,977        

nurse-midwife's, or certified nurse practitioner's license to      3,978        

practice nursing as a registered nurse expires for failure to      3,979        

renew under section 4723.24 of the Revised Code, the nurse's       3,980        

certificate of authority to practice nursing as a certified        3,981        

registered nurse anesthetist, clinical nurse specialist,           3,982        

certified nurse-midwife, or certified nurse practitioner is        3,984        

automatically suspended LAPSED until the license is reinstated.    3,985        

If the license is revoked under section 4723.28 or 4723.281 of     3,986        

the Revised Code, the nurse's certificate of authority is          3,987        

automatically revoked.  If the license is suspended under either   3,988        

section, the nurse's certificate of authority is automatically     3,989        

suspended while the license remains suspended.                     3,990        

      (B)  IF A CLINICAL NURSE SPECIALIST, CERTIFIED               3,993        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER HOLDS A             3,994        

CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE       3,995        

REVISED CODE AND THE NURSE'S CERTIFICATE OF AUTHORITY TO PRACTICE  3,996        

AS A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR        3,998        

CERTIFIED NURSE PRACTITIONER EXPIRES FOR FAILURE TO RENEW UNDER    3,999        

SECTION 4723.41 OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO    4,002        

PRESCRIBE IS LAPSED UNTIL THE CERTIFICATE OF AUTHORITY IS          4,003        

REINSTATED.  IF THE CERTIFICATE OF AUTHORITY BECOMES INACTIVE IN   4,004        

ACCORDANCE WITH SECTION 4723.42 OF THE REVISED CODE, THE NURSE'S   4,007        

CERTIFICATE TO PRESCRIBE IS LAPSED UNTIL THE CERTIFICATE OF        4,009        

AUTHORITY BECOMES ACTIVE.  IF THE CERTIFICATE OF AUTHORITY IS      4,011        

REVOKED UNDER SECTION 4723.28 OR 4723.281 OF THE REVISED CODE,     4,013        

THE NURSE'S CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY REVOKED.     4,014        

IF THE CERTIFICATE OF AUTHORITY IS SUSPENDED UNDER EITHER          4,015        

SECTION, THE NURSE'S CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY     4,016        

SUSPENDED WHILE THE CERTIFICATE OF AUTHORITY REMAINS SUSPENDED.    4,017        

IF A RESTRICTION IS PLACED ON THE CERTIFICATE OF AUTHORITY UNDER   4,019        

SECTION 4723.28 OF THE REVISED CODE, THE SAME RESTRICTION IS       4,021        

PLACED ON THE NURSE'S CERTIFICATE TO PRESCRIBE WHILE THE           4,022        

                                                          88     


                                                                 
CERTIFICATE OF AUTHORITY REMAINS RESTRICTED.                       4,023        

      Sec. 4723.48.  (A)  A CLINICAL NURSE SPECIALIST, CERTIFIED   4,025        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER SEEKING AUTHORITY   4,026        

TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES SHALL FILE WITH THE     4,028        

BOARD OF NURSING A WRITTEN APPLICATION FOR A CERTIFICATE TO        4,029        

PRESCRIBE.  THE BOARD OF NURSING SHALL ISSUE A CERTIFICATE TO      4,030        

PRESCRIBE TO EACH APPLICANT WHO MEETS THE REQUIREMENTS SPECIFIED   4,031        

IN SECTION 4723.482 OR 4723.484 OF THE REVISED CODE.               4,032        

      EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE      4,034        

INITIAL CERTIFICATE TO PRESCRIBE THAT THE BOARD ISSUES TO AN       4,036        

APPLICANT SHALL BE ISSUED AS AN EXTERNSHIP CERTIFICATE.  UNDER AN  4,037        

EXTERNSHIP CERTIFICATE, THE NURSE MAY OBTAIN EXPERIENCE IN         4,039        

PRESCRIBING DRUGS AND THERAPEUTIC DEVICES BY PARTICIPATING IN AN   4,040        

EXTERNSHIP THAT EVALUATES THE NURSE'S COMPETENCE, KNOWLEDGE, AND   4,041        

SKILL IN PHARMACOKINETIC PRINCIPLES AND THEIR CLINICAL             4,042        

APPLICATION TO THE SPECIALTY BEING PRACTICED.  DURING THE          4,043        

EXTERNSHIP, THE NURSE MAY PRESCRIBE DRUGS AND THERAPEUTIC DEVICES  4,044        

ONLY WHEN ONE OR MORE PHYSICIANS ARE PROVIDING SUPERVISION IN      4,045        

ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4723.50 OF THE         4,046        

REVISED CODE.                                                                   

      AFTER COMPLETING THE EXTERNSHIP, THE HOLDER OF AN            4,049        

EXTERNSHIP CERTIFICATE MAY APPLY FOR A NEW CERTIFICATE TO          4,051        

PRESCRIBE.  ON RECEIPT OF THE NEW CERTIFICATE, THE NURSE MAY                    

PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN COLLABORATION WITH ONE  4,052        

OR MORE PHYSICIANS OR PODIATRISTS.                                 4,053        

      (B)  IN THE CASE OF AN ADVANCED PRACTICE NURSE WHO ON THE    4,056        

EFFECTIVE DATE OF THIS SECTION IS APPROVED UNDER SECTION 4723.56   4,057        

OF THE REVISED CODE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES,    4,059        

THE INITIAL CERTIFICATE TO PRESCRIBE THAT THE BOARD ISSUES TO THE  4,060        

NURSE UNDER THIS SECTION SHALL NOT BE AN EXTERNSHIP CERTIFICATE.   4,061        

THE NURSE SHALL BE ISSUED A CERTIFICATE TO PRESCRIBE THAT PERMITS  4,062        

THE NURSE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN            4,063        

COLLABORATION WITH ONE OR MORE PHYSICIANS OR PODIATRISTS.          4,064        

      Sec. 4723.481.  UNDER A CERTIFICATE TO PRESCRIBE ISSUED      4,066        

                                                          89     


                                                                 
UNDER SECTION 4723.48 OF THE REVISED CODE, A CLINICAL NURSE        4,067        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            4,069        

PRACTITIONER IS SUBJECT TO ALL OF THE FOLLOWING:                   4,070        

      (A)  THE NURSE SHALL NOT PRESCRIBE ANY DRUG OR THERAPEUTIC   4,072        

DEVICE THAT IS NOT INCLUDED IN THE TYPES OF DRUGS AND DEVICES      4,074        

LISTED ON THE FORMULARY ESTABLISHED IN RULES ADOPTED UNDER         4,076        

SECTION 4723.50 OF THE REVISED CODE.                                            

      (B)  THE NURSE'S PRESCRIPTIVE AUTHORITY SHALL NOT EXCEED     4,078        

THE PRESCRIPTIVE AUTHORITY OF THE COLLABORATING PHYSICIAN OR       4,079        

PODIATRIST.                                                                     

      (C)  THE NURSE MAY PRESCRIBE A SCHEDULE II CONTROLLED        4,081        

SUBSTANCE AS SPECIFIED IN DIVISION (A)(2) OF SECTION 3719.06 OF    4,083        

THE REVISED CODE, BUT SHALL NOT PRESCRIBE A SCHEDULE II            4,085        

CONTROLLED SUBSTANCE IN COLLABORATION WITH A PODIATRIST.           4,086        

      (D)  THE NURSE MAY PERSONALLY FURNISH TO A PATIENT A SAMPLE  4,088        

OF ANY DRUG OR THERAPEUTIC DEVICE INCLUDED IN THE TYPES OF DRUGS   4,089        

AND DEVICES LISTED ON THE FORMULARY, SUBJECT TO ALL OF THE         4,091        

FOLLOWING:                                                                      

      (1)  THE AMOUNT OF THE SAMPLE FURNISHED SHALL NOT EXCEED A   4,093        

SEVENTY-TWO-HOUR SUPPLY, EXCEPT WHEN THE MINIMUM AVAILABLE         4,094        

QUANTITY OF THE SAMPLE IS PACKAGED IN AN AMOUNT THAT IS GREATER    4,096        

THAN A SEVENTY-TWO-HOUR SUPPLY, IN WHICH CASE THE NURSE MAY        4,097        

FURNISH THE SAMPLE IN THE PACKAGED AMOUNT.                                      

      (2)  NO CHARGE MAY BE IMPOSED FOR THE SAMPLE OR FOR          4,099        

FURNISHING IT.                                                     4,100        

      (3)  SAMPLES OF CONTROLLED SUBSTANCES MAY NOT BE PERSONALLY  4,102        

FURNISHED.                                                         4,103        

      (E)  THE NURSE MAY PERSONALLY FURNISH TO A PATIENT A         4,105        

COMPLETE OR PARTIAL SUPPLY OF A DRUG OR THERAPEUTIC DEVICE         4,107        

INCLUDED IN THE TYPES OF DRUGS AND DEVICES LISTED ON THE           4,109        

FORMULARY, SUBJECT TO ALL OF THE FOLLOWING:                                     

      (1)  THE NURSE SHALL PERSONALLY FURNISH ONLY ANTIBIOTICS,    4,111        

ANTIFUNGALS, SCABICIDES, CONTRACEPTIVES, AND PRENATAL VITAMINS.    4,112        

      (2)  THE NURSE SHALL NOT FURNISH THE DRUGS AND DEVICES IN    4,114        

                                                          90     


                                                                 
LOCATIONS OTHER THAN A HEALTH DEPARTMENT OPERATED BY THE BOARD OF  4,115        

HEALTH OF A CITY OR GENERAL HEALTH DISTRICT OR THE AUTHORITY       4,116        

HAVING THE DUTIES OF A BOARD OF HEALTH UNDER SECTION 3709.05 OF    4,117        

THE REVISED CODE, A FEDERALLY FUNDED COMPREHENSIVE PRIMARY CARE    4,119        

CLINIC, OR A NONPROFIT HEALTH CARE CLINIC OR PROGRAM.              4,120        

      (3)  THE NURSE SHALL COMPLY WITH ALL SAFETY STANDARDS FOR    4,122        

PERSONALLY FURNISHING SUPPLIES OF DRUGS AND DEVICES, AS            4,123        

ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED  4,124        

CODE.                                                                           

      Sec. 4723.482.  (A)  AN APPLICANT SHALL INCLUDE WITH THE     4,126        

APPLICATION SUBMITTED UNDER SECTION 4723.48 OF THE REVISED CODE    4,129        

ALL OF THE FOLLOWING:                                                           

      (1)  SUBJECT TO SECTION 4723.483 OF THE REVISED CODE,        4,131        

EVIDENCE OF HOLDING A CURRENT, VALID CERTIFICATE OF AUTHORITY      4,133        

ISSUED UNDER SECTION 4723.41 OF THE REVISED CODE TO PRACTICE AS A  4,134        

CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED   4,136        

NURSE PRACTITIONER;                                                             

      (2)  EXCEPT FOR AN ADVANCED PRACTICE NURSE WHO ON THE        4,139        

EFFECTIVE DATE OF THIS SECTION IS APPROVED UNDER SECTION 4723.56   4,140        

OF THE REVISED CODE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES,    4,141        

EVIDENCE OF SUCCESSFULLY COMPLETING THE INSTRUCTION IN ADVANCED    4,143        

PHARMACOLOGY AND RELATED TOPICS SPECIFIED IN DIVISION (B) OF THIS  4,144        

SECTION;                                                                        

      (3)  THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED      4,147        

CODE FOR A CERTIFICATE TO PRESCRIBE;                               4,148        

      (4)  ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT  4,150        

TO RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED CODE.        4,151        

      (B)  ALL OF THE FOLLOWING APPLY TO THE INSTRUCTION REQUIRED  4,153        

UNDER DIVISION (A)(2) OF THIS SECTION:                             4,154        

      (1)  THE INSTRUCTION MUST BE OBTAINED NOT LONGER THAN THREE  4,156        

YEARS BEFORE THE APPLICATION FOR THE CERTIFICATE TO PRESCRIBE IS   4,157        

FILED.                                                                          

      (2)  THE INSTRUCTION MUST BE OBTAINED THROUGH A COURSE OF    4,159        

STUDY CONSISTING OF PLANNED CLASSROOM AND CLINICAL STUDY THAT IS   4,160        

                                                          91     


                                                                 
APPROVED BY THE BOARD OF NURSING IN ACCORDANCE WITH STANDARDS      4,161        

ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.50 OF THE REVISED  4,162        

CODE.                                                                           

      (3)  THE CONTENT OF THE INSTRUCTION MUST BE SPECIFIC TO THE  4,164        

APPLICANT'S NURSING SPECIALTY AND INCLUDE ALL OF THE FOLLOWING:    4,165        

      (a)  A MINIMUM OF THIRTY CONTACT HOURS OF TRAINING IN        4,167        

ADVANCED PHARMACOLOGY THAT INCLUDES PHARMACOKINETIC PRINCIPLES     4,168        

AND CLINICAL APPLICATION AND THE USE OF DRUGS AND THERAPEUTIC      4,170        

DEVICES IN THE PREVENTION OF ILLNESS AND MAINTENANCE OF HEALTH,    4,171        

AND CONTENT SPECIFIC TO THE APPLICANT'S NURSING SPECIALTY;         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