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