As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 172 5
1999-2000 6
SENATORS DRAKE-McLIN-HAGAN 8
_________________________________________________________________ 10
A B I L L
To amend sections 121.22, 2317.02, 3719.121, 12
4729.01, 4729.07, 4729.11, 4729.12, 4729.16, 13
4729.39, and 4729.55 and to enact section 4729.41
of the Revised Code to establish a 14
pharmacist-client testimonial privilege, to
permit a pharmacist who has completed a course in 15
drug administration approved by the State Board 16
of Pharmacy to administer drugs, to revise the
law governing consult agreements between 17
physicians and pharmacists, to prohibit
withdrawing an application for licensure without 18
the Board's approval, and to make other changes 19
to the law governing the practice of pharmacy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 121.22, 2317.02, 3719.121, 23
4729.01, 4729.07, 4729.11, 4729.12, 4729.16, 4729.39, and 4729.55 24
be amended and section 4729.41 of the Revised Code be enacted to 25
read as follows:
Sec. 121.22. (A) This section shall be liberally 34
construed to require public officials to take official action and 35
to conduct all deliberations upon official business only in open 36
meetings unless the subject matter is specifically excepted by 37
law. 38
(B) As used in this section: 40
(1) "Public body" means any of the following: 42
(a) Any board, commission, committee, council, or similar 44
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decision-making body of a state agency, institution, or 45
authority, and any legislative authority or board, commission, 46
committee, council, agency, authority, or similar decision-making 48
body of any county, township, municipal corporation, school 49
district, or other political subdivision or local public 50
institution;
(b) Any committee or subcommittee of a body described in 52
division (B)(1)(a) of this section; 53
(c) A court of jurisdiction of a sanitary district 55
organized wholly for the purpose of providing a water supply for 56
domestic, municipal, and public use when meeting for the purpose 58
of the appointment, removal, or reappointment of a member of the 59
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 60
related to such a district other than litigation involving the 61
district. As used in division (B)(1)(c) of this section, "court 62
of jurisdiction" has the same meaning as "court" in section 63
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 65
public business of the public body by a majority of its members. 66
(3) "Regulated individual" means either of the following: 68
(a) A student in a state or local public educational 70
institution; 71
(b) A person who is, voluntarily or involuntarily, an 73
inmate, patient, or resident of a state or local institution 74
because of criminal behavior, mental illness or retardation, 75
disease, disability, age, or other condition requiring custodial 76
care. 77
(C) All meetings of any public body are declared to be 79
public meetings open to the public at all times. A member of a 80
public body shall be present in person at a meeting open to the 82
public to be considered present or to vote at the meeting and for 83
purposes of determining whether a quorum is present at the 84
meeting. 85
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The minutes of a regular or special meeting of any public 88
body shall be promptly prepared, filed, and maintained and shall 89
be open to public inspection. The minutes need only reflect the 90
general subject matter of discussions in executive sessions 91
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 93
audit conference conducted by the auditor of state or independent 94
certified public accountants with officials of the public office 95
that is the subject of the audit, to the adult parole authority 96
when its hearings are conducted at a correctional institution for 97
the sole purpose of interviewing inmates to determine parole or 98
pardon, to the organized crime investigations commission 99
established under section 177.01 of the Revised Code, to the 100
state medical board when determining whether to suspend a 101
certificate without a prior hearing pursuant to division (G) of 103
either section 4730.25 or 4731.22 of the Revised Code, to the 105
board of nursing when determining whether to suspend a license 106
without a prior hearing pursuant to division (B) of section 107
4723.181 of the Revised Code, TO THE STATE BOARD OF PHARMACY WHEN 108
DETERMINING WHETHER TO SUSPEND A LICENSE WITHOUT A PRIOR HEARING 109
PURSUANT TO DIVISION (D) OF SECTION 4729.16 OF THE REVISED CODE, 110
or to the executive committee of the emergency response 111
commission when determining whether to issue an enforcement order 112
or request that a civil action, civil penalty action, or criminal 113
action be brought to enforce Chapter 3750. of the Revised Code. 114
(E) The controlling board, the development financing 116
advisory council, the industrial technology and enterprise 117
advisory council, the tax credit authority, or the minority 119
development financing advisory board, when meeting to consider 120
granting assistance pursuant to Chapter 122. or 166. of the 121
Revised Code, in order to protect the interest of the applicant 122
or the possible investment of public funds, by unanimous vote of 123
all board, council, or authority members present, may close the 125
meeting during consideration of the following information 127
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confidentially received by the authority, council, or board from 128
the applicant: 130
(1) Marketing plans; 132
(2) Specific business strategy; 134
(3) Production techniques and trade secrets; 136
(4) Financial projections; 138
(5) Personal financial statements of the applicant or 140
members of the applicant's immediate family, including, but not 141
limited to, tax records or other similar information not open to 143
public inspection. 144
The vote by the authority, council, or board to accept or 148
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 151
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 153
reasonable method whereby any person may determine the time and 154
place of all regularly scheduled meetings and the time, place, 155
and purpose of all special meetings. A public body shall not 156
hold a special meeting unless it gives at least twenty-four 157
hours' advance notice to the news media that have requested 158
notification, except in the event of an emergency requiring 159
immediate official action. In the event of an emergency, the 160
member or members calling the meeting shall notify the news media 161
that have requested notification immediately of the time, place, 162
and purpose of the meeting. 163
The rule shall provide that any person, upon request and 166
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 167
business is to be discussed. Provisions for advance notification 168
may include, but are not limited to, mailing the agenda of 169
meetings to all subscribers on a mailing list or mailing notices 170
in self-addressed, stamped envelopes provided by the person. 171
(G) Except as provided in division (J) of this section, 174
the members of a public body may hold an executive session only 175
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after a majority of a quorum of the public body determines, by a 176
roll call vote, to hold an executive session and only at a 178
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 179
(1) To consider the appointment, employment, dismissal, 181
discipline, promotion, demotion, or compensation of a public 182
employee or official, or the investigation of charges or 183
complaints against a public employee, official, licensee, or 184
regulated individual, unless the public employee, official, 185
licensee, or regulated individual requests a public hearing. 186
Except as otherwise provided by law, no public body shall hold an 187
executive session for the discipline of an elected official for 188
conduct related to the performance of the elected official's 189
official duties or for the elected official's removal from 191
office. If a public body holds an executive session pursuant to 193
division (G)(1) of this section, the motion and vote to hold that 194
executive session shall state which one or more of the approved 195
purposes listed in division (G)(1) of this section are the 196
purposes for which the executive session is to be held, but need 197
not include the name of any person to be considered at the 198
meeting.
(2) To consider the purchase of property for public 200
purposes, or for the sale of property at competitive bidding, if 201
premature disclosure of information would give an unfair 202
competitive or bargaining advantage to a person whose personal, 203
private interest is adverse to the general public interest. No 204
member of a public body shall use division (G)(2) of this section 206
as a subterfuge for providing covert information to prospective 208
buyers or sellers. A purchase or sale of public property is void 209
if the seller or buyer of the public property has received covert 210
information from a member of a public body that has not been 211
disclosed to the general public in sufficient time for other 212
prospective buyers and sellers to prepare and submit offers. 213
If the minutes of the public body show that all meetings 215
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and deliberations of the public body have been conducted in 216
compliance with this section, any instrument executed by the 217
public body purporting to convey, lease, or otherwise dispose of 218
any right, title, or interest in any public property shall be 219
conclusively presumed to have been executed in compliance with 220
this section insofar as title or other interest of any bona fide 221
purchasers, lessees, or transferees of the property is concerned. 222
(3) Conferences with an attorney for the public body 224
concerning disputes involving the public body that are the 225
subject of pending or imminent court action; 226
(4) Preparing for, conducting, or reviewing negotiations 228
or bargaining sessions with public employees concerning their 229
compensation or other terms and conditions of their employment; 230
(5) Matters required to be kept confidential by federal 232
law or regulations or state statutes; 233
(6) Specialized details of security arrangements if 235
disclosure of the matters discussed might reveal information that 236
could be used for the purpose of committing, or avoiding 237
prosecution for, a violation of the law. 238
If a public body holds an executive session to consider any 240
of the matters listed in divisions (G)(2) to (6) of this section, 241
the motion and vote to hold that executive session shall state 242
which one or more of the approved matters listed in those 243
divisions are to be considered at the executive session. 244
A public body specified in division (B)(1)(c) of this 247
section shall not hold an executive session when meeting for the
purposes specified in that division. 248
(H) A resolution, rule, or formal action of any kind is 250
invalid unless adopted in an open meeting of the public body. A 251
resolution, rule, or formal action adopted in an open meeting 252
that results from deliberations in a meeting not open to the 253
public is invalid unless the deliberations were for a purpose 254
specifically authorized in division (G) or (J) of this section 255
and conducted at an executive session held in compliance with 256
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this section. A resolution, rule, or formal action adopted in an 257
open meeting is invalid if the public body that adopted the 258
resolution, rule, or formal action violated division (F) of this 259
section. 260
(I)(1) Any person may bring an action to enforce this 262
section. An action under division (I)(1) of this section shall 264
be brought within two years after the date of the alleged 265
violation or threatened violation. Upon proof of a violation or 266
threatened violation of this section in an action brought by any 267
person, the court of common pleas shall issue an injunction to 268
compel the members of the public body to comply with its 269
provisions. 270
(2)(a) If the court of common pleas issues an injunction 272
pursuant to division (I)(1) of this section, the court shall 273
order the public body that it enjoins to pay a civil forfeiture 274
of five hundred dollars to the party that sought the injunction 275
and shall award to that party all court costs and, subject to 276
reduction as described in division (I)(2) of this section, 278
reasonable attorney's fees. The court, in its discretion, may 279
reduce an award of attorney's fees to the party that sought the 280
injunction or not award attorney's fees to that party if the 281
court determines both of the following: 282
(i) That, based on the ordinary application of statutory 284
law and case law as it existed at the time of THE violation or 285
threatened violation that was the basis of the injunction, a 286
well-informed public body reasonably would believe that the 287
public body was not violating or threatening to violate this 288
section; 289
(ii) That a well-informed public body reasonably would 291
believe that the conduct or threatened conduct that was the basis 292
of the injunction would serve the public policy that underlies 293
the authority that is asserted as permitting that conduct or 294
threatened conduct. 295
(b) If the court of common pleas does not issue an 297
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injunction pursuant to division (I)(1) of this section and the 298
court determines at that time that the bringing of the action was 299
frivolous conduct, as defined in division (A) of section 2323.51 300
of the Revised Code, the court shall award to the public body all 301
court costs and reasonable attorney's fees, as determined by the 302
court. 303
(3) Irreparable harm and prejudice to the party that 305
sought the injunction shall be conclusively and irrebuttably 306
presumed upon proof of a violation or threatened violation of 307
this section. 308
(4) A member of a public body who knowingly violates an 310
injunction issued pursuant to division (I)(1) of this section may 311
be removed from office by an action brought in the court of 312
common pleas for that purpose by the prosecuting attorney or the 313
attorney general. 314
(J)(1) Pursuant to division (C) of section 5901.09 of the 316
Revised Code, a veterans service commission shall hold an 317
executive session for one or more of the following purposes 318
unless an applicant requests a public hearing: 319
(a) Interviewing an applicant for financial assistance 321
under sections 5901.01 to 5901.15 of the Revised Code; 322
(b) Discussing applications, statements, and other 324
documents described in division (B) of section 5901.09 of the 325
Revised Code; 326
(c) Reviewing matters relating to an applicant's request 328
for financial assistance under sections 5901.01 to 5901.15 of the 329
Revised Code.
(2) A veterans service commission shall not exclude an 331
applicant for, recipient of, or former recipient of financial 332
assistance under sections 5901.01 to 5901.15 of the Revised Code, 333
and shall not exclude representatives selected by the applicant, 335
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 336
applicant's, recipient's, or former recipient's application for 337
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financial assistance.
(3) A veterans service commission shall vote on the grant 339
or denial of financial assistance under sections 5901.01 to 340
5901.15 of the Revised Code only in an open meeting of the 342
commission. The minutes of the meeting shall indicate the name, 343
address, and occupation of the applicant, whether the assistance 344
was granted or denied, the amount of the assistance if assistance 345
is granted, and the votes for and against the granting of 346
assistance.
Sec. 2317.02. The following persons shall not testify in 355
certain respects: 356
(A) An attorney, concerning a communication made to the 358
attorney by a client in that relation or the attorney's advice to 360
a client, except that the attorney may testify by express consent 361
of the client or, if the client is deceased, by the express 362
consent of the surviving spouse or the executor or administrator 363
of the estate of the deceased client and except that, if the 364
client voluntarily testifies or is deemed by section 2151.421 of 365
the Revised Code to have waived any testimonial privilege under 366
this division, the attorney may be compelled to testify on the 367
same subject;
(B)(1) A physician or a dentist concerning a communication 369
made to the physician or dentist by a patient in that relation or 370
the physician's or dentist's advice to a patient, except as 372
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 373
is deemed by section 2151.421 of the Revised Code to have waived 374
any testimonial privilege under this division, the physician may 375
be compelled to testify on the same subject. 376
The testimonial privilege established under this division 378
does not apply, and a physician or dentist may testify or may be 379
compelled to testify, in any of the following circumstances: 380
(a) In any civil action, in accordance with the discovery 382
provisions of the Rules of Civil Procedure in connection with a 383
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civil action, or in connection with a claim under Chapter 4123. 384
of the Revised Code, under any of the following circumstances: 385
(i) If the patient or the guardian or other legal 387
representative of the patient gives express consent; 388
(ii) If the patient is deceased, the spouse of the patient 390
or the executor or administrator of the patient's estate gives 392
express consent;
(iii) If a medical claim, dental claim, chiropractic 394
claim, or optometric claim, as defined in section 2305.11 of the 395
Revised Code, an action for wrongful death, any other type of 396
civil action, or a claim under Chapter 4123. of the Revised Code 397
is filed by the patient, the personal representative of the 398
estate of the patient if deceased, or the patient's guardian or 400
other legal representative.
(b) In any criminal action concerning any test or the 402
results of any test that determines the presence or concentration 403
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 404
the patient's blood, breath, urine, or other bodily substance at 405
any time relevant to the criminal offense in question. 406
(c) In any criminal action against a physician or dentist. 409
In such an action, the testimonial privilege established under 410
this division does not prohibit the admission into evidence, in 411
accordance with the Rules of Evidence, of a patient's medical or 414
dental records or other communications between a patient and the 415
physician or dentist that are related to the action and obtained 416
by subpoena, search warrant, or other lawful means. A court that 417
permits or compels a physician or dentist to testify in such an 418
action or permits the introduction into evidence of patient 419
records or other communications in such an action shall require 420
that appropriate measures be taken to ensure that the 421
confidentiality of any patient named or otherwise identified in 422
the records is maintained. Measures to ensure confidentiality 423
that may be taken by the court include sealing its records or 424
deleting specific information from its records. 425
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(2)(a) If any law enforcement officer submits a written 427
statement to a health care provider that states that an official 428
criminal investigation has begun regarding a specified person or 429
that a criminal action or proceeding has been commenced against a 430
specified person, that requests the provider to supply to the 431
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 432
specified person to determine the presence or concentration of 433
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 434
person's blood, breath, or urine at any time relevant to the 435
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 436
specifically prohibited by any law of this state or of the United 437
States, shall supply to the officer a copy of any of the 438
requested records the provider possesses. If the health care 439
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 440
indicates that the provider does not possess any of the requested 441
records.
(b) If a health care provider possesses any records of the 443
type described in division (B)(2)(a) of this section regarding 444
the person in question at any time relevant to the criminal 445
offense in question, in lieu of personally testifying as to the 446
results of the test in question, the custodian of the records may 447
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 448
admitted as evidence in accordance with the Rules of Evidence. 449
Division (A) of section 2317.422 of the Revised Code does not 450
apply to any certified copy of records submitted in accordance 451
with this division. Nothing in this division shall be construed 452
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 453
person under whose supervision the test was administered, the 454
custodian of the records, the person who made the records, or the 455
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person under whose supervision the records were made. 456
(3)(a) If the testimonial privilege described in division 458
(B)(1) of this section does not apply as provided in division 459
(B)(1)(a)(iii) of this section, a physician or dentist may be 460
compelled to testify or to submit to discovery under the Rules of 461
Civil Procedure only as to a communication made to the physician 462
or dentist by the patient in question in that relation, or the 463
physician's or dentist's advice to the patient in question, that 465
related causally or historically to physical or mental injuries 466
that are relevant to issues in the medical claim, dental claim, 467
chiropractic claim, or optometric claim, action for wrongful 468
death, other civil action, or claim under Chapter 4123. of the 469
Revised Code.
(b) If the testimonial privilege described in division 471
(B)(1) of this section does not apply to a physician or dentist 472
as provided in division (B)(1)(b) of this section, the physician 473
or dentist, in lieu of personally testifying as to the results of 474
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 475
qualified as authentic evidence and may be admitted as evidence 476
in accordance with the Rules of Evidence. Division (A) of 477
section 2317.422 of the Revised Code does not apply to any 478
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 479
the right of any party to call as a witness the person who 480
administered the test in question, the person under whose 481
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 482
person under whose supervision the results were compiled. 483
(4)(a) As used in divisions (B)(1) to (3) of this section, 485
"communication" means acquiring, recording, or transmitting any 486
information, in any manner, concerning any facts, opinions, or 487
statements necessary to enable a physician or dentist to 488
diagnose, treat, prescribe, or act for a patient. A 489
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"communication" may include, but is not limited to, any medical 490
or dental, office, or hospital communication such as a record, 491
chart, letter, memorandum, laboratory test and results, x-ray, 492
photograph, financial statement, diagnosis, or prognosis. 493
(b) As used in division (B)(2) of this section, "health 495
care provider" has the same meaning as in section 3729.01 of the 496
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 498
apply to doctors of medicine, doctors of osteopathic medicine, 499
doctors of podiatry, and dentists. 500
(6) Nothing in divisions (B)(1) to (5) of this section 502
affects, or shall be construed as affecting, the immunity from 503
civil liability conferred by section 2305.33 of the Revised Code 504
upon physicians who report an employee's use of a drug of abuse, 505
or a condition of an employee other than one involving the use of 506
a drug of abuse, to the employer of the employee in accordance 507
with division (B) of that section. As used in division (B)(6) of 509
this section, "employee," "employer," and "physician" have the 510
same meanings as in section 2305.33 of the Revised Code. 511
(C) A member of the clergy, rabbi, priest, or regularly 513
ordained, accredited, or licensed minister of an established and 515
legally cognizable church, denomination, or sect, when the member 516
of the clergy, rabbi, priest, or minister remains accountable to 518
the authority of that church, denomination, or sect, concerning a 519
confession made, or any information confidentially communicated, 520
to the member of the clergy, rabbi, priest, or minister for a 522
religious counseling purpose in the member of the clergy's, 523
rabbi's, priest's, or minister's professional character; however, 525
the member of the clergy, rabbi, priest, or minister may testify 527
by express consent of the person making the communication, except 528
when the disclosure of the information is in violation of a 529
sacred trust.; 530
(D) Husband or wife, concerning any communication made by 532
one to the other, or an act done by either in the presence of the 533
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other, during coverture, unless the communication was made, or 534
act done, in the known presence or hearing of a third person 535
competent to be a witness; and such rule is the same if the 536
marital relation has ceased to exist.; 537
(E) A person who assigns a claim or interest, concerning 539
any matter in respect to which the person would not, if a party, 541
be permitted to testify;
(F) A person who, if a party, would be restricted under 544
section 2317.03 of the Revised Code, when the property or thing 545
is sold or transferred by an executor, administrator, guardian, 546
trustee, heir, devisee, or legatee, shall be restricted in the 547
same manner in any action or proceeding concerning the property 548
or thing.
(G)(1) A school guidance counselor who holds a valid 550
educator license from the state board of education as provided 552
for in section 3319.22 of the Revised Code, a person licensed 553
under Chapter 4757. of the Revised Code as a professional 554
clinical counselor, professional counselor, social worker, or 555
independent social worker, or registered under Chapter 4757. of 556
the Revised Code as a social work assistant concerning a 557
confidential communication received from a client in that 558
relation or the person's advice to a client unless any of the 560
following applies:
(a) The communication or advice indicates clear and 562
present danger to the client or other persons. For the purposes 563
of this division, cases in which there are indications of present 564
or past child abuse or neglect of the client constitute a clear 565
and present danger. 566
(b) The client gives express consent to the testimony. 568
(c) If the client is deceased, the surviving spouse or the 570
executor or administrator of the estate of the deceased client 571
gives express consent. 572
(d) The client voluntarily testifies, in which case the 574
school guidance counselor or person licensed or registered under 575
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Chapter 4757. of the Revised Code may be compelled to testify on 577
the same subject.
(e) The court in camera determines that the information 579
communicated by the client is not germane to the counselor-client 580
or social worker-client relationship. 581
(f) A court, in an action brought against a school, its 583
administration, or any of its personnel by the client, rules 584
after an in-camera inspection that the testimony of the school 585
guidance counselor is relevant to that action. 586
(2) Nothing in division (G)(1) of this section shall 588
relieve a school guidance counselor or a person licensed or 590
registered under Chapter 4757. of the Revised Code from the 592
requirement to report information concerning child abuse or 593
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 595
division (A) of section 3109.052 of the Revised Code or otherwise 596
issued in any proceeding for divorce, dissolution, legal 597
separation, annulment, or the allocation of parental rights and 598
responsibilities for the care of children, in any action or 599
proceeding, other than a criminal, delinquency, child abuse, 600
child neglect, or dependent child action or proceeding, that is 601
brought by or against either parent who takes part in mediation 602
in accordance with the order and that pertains to the mediation 603
process, to any information discussed or presented in the 604
mediation process, to the allocation of parental rights and 605
responsibilities for the care of the parents' children, or to the 606
awarding of visitation rights in relation to their children.; 607
(I) A communications assistant, acting within the scope of 609
the communication assistant's authority, when providing 610
telecommunications relay service pursuant to section 4931.35 of 612
the Revised Code or Title II of the "Communications Act of 1934," 613
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 614
made through a telecommunications relay service.; 615
(J) A PHARMACIST, CONCERNING A COMMUNICATION MADE TO THE 617
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PHARMACIST BY A CLIENT IN THAT RELATION OR THE PHARMACIST'S 618
ADVICE TO A CLIENT, OR A COMMUNICATION MADE TO A PHARMACIST BY A 619
LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, AS 621
DEFINED IN SECTION 4729.01 OF THE REVISED CODE, IN REGARD TO A 622
CLIENT'S PRESCRIPTION, EXCEPT THAT A PHARMACIST MAY BE COMPELLED 624
TO TESTIFY IN BOTH OF THE FOLLOWING CIRCUMSTANCES:
(1) THE CLIENT OR THE GUARDIAN OR OTHER LEGAL 626
REPRESENTATIVE OF THE CLIENT GIVES EXPRESS CONSENT. 627
(2) IF THE CLIENT IS DECEASED, THE SURVIVING SPOUSE OF THE 629
CLIENT OR THE EXECUTOR OR ADMINISTRATOR OF THE CLIENT'S ESTATE 630
GIVES EXPRESS CONSENT. 631
Nothing in this section shall limit any immunity or 633
privilege granted under federal law or regulation. Nothing in 634
this section shall limit the obligation of a communications 635
assistant to divulge information or testify when mandated by 636
federal law or regulation or pursuant to subpoena in a criminal 637
proceeding. 638
Sec. 3719.121. (A) Except as otherwise provided in 647
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 648
Code, the license, certificate, or registration of any dentist, 650
doctor of medicine or osteopathic medicine, podiatrist, 651
registered nurse, licensed practical nurse, physician assistant, 652
pharmacist, pharmacy intern, optometrist, or veterinarian who is 653
or becomes addicted to the use of controlled substances shall be 655
suspended by the board that authorized the person's license, 656
certificate, or registration until the person offers satisfactory 658
proof to the board that the person no longer is addicted to the 659
use of controlled substances. 660
(B) If the board under which a person has been issued a 663
license, certificate, or evidence of registration determines that 665
there is clear and convincing evidence that continuation of the 666
person's professional practice or method of prescribing or 667
personally furnishing controlled substances presents a danger of 670
immediate and serious harm to others, the board may suspend the 671
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person's license, certificate, or registration without a hearing. 672
Except as otherwise provided in sections 4715.30, 4723.281, 673
4729.16, 4730.25, and 4731.22 of the Revised Code, the board 676
shall follow the procedure for suspension without a prior hearing 677
in section 119.07 of the Revised Code. The suspension shall 678
remain in effect, unless removed by the board, until the board's 679
final adjudication order becomes effective, except that if the 680
board does not issue its final adjudication order within ninety 681
days after the hearing, the suspension shall be void on the 682
ninety-first day after the hearing. 683
(C) On receiving notification pursuant to section 2929.24 685
or 3719.12 of the Revised Code, the board under which a person 686
has been issued a license, certificate, or evidence of 687
registration immediately shall suspend the license, certificate, 689
or registration of that person on a plea of guilty to, a finding 692
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 694
eligibility for treatment in lieu of conviction; a plea of guilty 696
to, or a finding by a jury or court of the person's guilt of, or 697
the person's conviction of an offense in another jurisdiction 698
that is essentially the same as a felony drug abuse offense; or a 699
finding by a court of the person's eligibility for treatment in 700
lieu of conviction in another jurisdiction. The board shall 701
notify the holder of the license, certificate, or registration of 702
the suspension, which shall remain in effect until the board 704
holds an adjudicatory hearing under Chapter 119. of the Revised 705
Code.
Sec. 4729.01. As used in this chapter: 714
(A) "Pharmacy," except when used in a context that refers 716
to the practice of pharmacy, means any area, room, rooms, place 717
of business, department, or portion of any of the foregoing where 719
the practice of pharmacy is conducted. 721
(B) "Practice of pharmacy" means providing pharmacist care 723
requiring specialized knowledge, judgment, and skill derived from 725
18
the principles of biological, chemical, behavioral, social, 726
pharmaceutical, and clinical sciences. As used in this division, 727
"pharmacist care" includes the following:
(1) Interpreting prescriptions; 729
(2) Compounding or dispensing drugs and dispensing drug 731
therapy related devices; 732
(3) Counseling individuals with regard to their drug 734
therapy, recommending drug therapy related devices, and assisting 736
in the selection of drugs and appliances for treatment of common 737
diseases and injuries and providing instruction in the proper use 739
of the drugs and appliances;
(4) Performing drug regimen reviews with individuals by 742
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs; 743
(5) Performing drug utilization reviews with licensed 745
health professionals authorized to prescribe drugs when the 746
pharmacist determines that an individual with a prescription has 747
a drug regimen that warrants additional discussion with the 748
prescriber; 749
(6) Advising an individual and the health care 751
professionals treating an individual with regard to the 752
individual's drug therapy; 753
(7) Acting pursuant to a consult agreement with a 755
physician authorized under Chapter 4731. of the Revised Code to 759
practice medicine and surgery or osteopathic medicine and 760
surgery, if an agreement has been established with the physician; 761
(8) IF A PHARMACIST LICENSED UNDER THIS CHAPTER HAS MET 763
THE REQUIREMENTS OF SECTION 4729.41 OF THE REVISED CODE, 764
ADMINISTERING DRUGS PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL 766
AUTHORIZED TO PRESCRIBE DRUGS. 767
(C) "Compounding" means the preparation, mixing, 770
assembling, packaging, and labeling of one or more drugs in any 771
of the following circumstances: 772
(1) Pursuant to a prescription issued by a licensed health 775
19
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in 777
accordance with a consult agreement; 778
(3) As an incident to research, teaching activities, or 781
chemical analysis;
(4) In anticipation of prescription drug orders based on 784
routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an 786
individual's drug therapy that has been entered into by a 788
pharmacist and a physician authorized under Chapter 4731. of the 789
Revised Code to practice medicine and surgery or osteopathic 792
medicine and surgery.
(E) "Drug" means: 794
(1) Any article recognized in the United States 796
pharmacopoeia and national formulary, or any supplement to them, 798
intended for use in the diagnosis, cure, mitigation, treatment, 799
or prevention of disease in humans or animals; 800
(2) Any other article intended for use in the diagnosis, 802
cure, mitigation, treatment, or prevention of disease in humans 804
or animals;
(3) Any article, other than food, intended to affect the 806
structure or any function of the body of humans or animals; 808
(4) Any article intended for use as a component of any 810
article specified in division (C)(1), (2), or (3) of this 811
section; but does not include devices or their components, parts, 812
or accessories. 813
(F) "Dangerous drug" means any of the following: 815
(1) Any drug to which either of the following applies: 817
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 820
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 821
required to bear a label containing the legend "Caution: Federal 823
law prohibits dispensing without prescription" or "Caution: 824
Federal law restricts this drug to use by or on the order of a 825
licensed veterinarian" or any similar restrictive statement, or 826
20
the drug may be dispensed only upon a prescription; 827
(b) Under Chapter 3715. or 3719. of the Revised Code, the 829
drug may be dispensed only upon a prescription. 830
(2) Any drug that contains a schedule V controlled 832
substance and that is exempt from Chapter 3719. of the Revised 833
Code or to which that chapter does not apply; 834
(3) Any drug intended for administration by injection into 836
the human body other than through a natural orifice of the human 837
body. 838
(G) "Federal drug abuse control laws" has the same meaning 840
as in section 3719.01 of the Revised Code. 841
(H) "Prescription" means a written, electronic, or oral 846
order for drugs or combinations or mixtures of drugs to be used 847
by a particular individual or for treating a particular animal, 848
issued by a licensed health professional authorized to prescribe 851
drugs.
(I) "Licensed health professional authorized to prescribe 854
drugs" or "prescriber" means an individual who is authorized by 856
law to prescribe drugs or dangerous drugs or drug therapy related 860
devices in the course of the individual's professional practice, 861
including only the following: 862
(1) A dentist licensed under Chapter 4715. of the Revised 865
Code;
(2) An advanced practice nurse approved under section 868
4723.56 of the Revised Code to prescribe drugs and therapeutic 869
devices; 870
(3) An optometrist licensed under Chapter 4725. of the 873
Revised Code to practice optometry under a therapeutic 876
pharmaceutical agents certificate;
(4) A physician authorized under Chapter 4731. of the 879
Revised Code to practice medicine and surgery, osteopathic 882
medicine and surgery, or podiatry;
(5) A veterinarian licensed under Chapter 4741. of the 884
Revised Code. 885
21
(J) "Sale" and "sell" include delivery, transfer, barter, 887
exchange, or gift, or offer therefor, and each such transaction 888
made by any person, whether as principal proprietor, agent, or 889
employee. 890
(K) "Wholesale sale" and "sale at wholesale" mean any sale 892
in which the purpose of the purchaser is to resell the article 893
purchased or received by the purchaser. 894
(L) "Retail sale" and "sale at retail" mean any sale other 896
than a wholesale sale or sale at wholesale. 897
(M) "Retail seller" means any person that sells any 899
dangerous drug to consumers without assuming control over and 900
responsibility for its administration. Mere advice or 901
instructions regarding administration do not constitute control 902
or establish responsibility. 903
(N) "Price information" means the price charged for a 905
prescription for a particular drug product and, in an easily 906
understandable manner, all of the following: 907
(1) The proprietary name of the drug product; 909
(2) The established (generic) name of the drug product; 911
(3) The strength of the drug product if the product 913
contains a single active ingredient or if the drug product 914
contains more than one active ingredient and a relevant strength 915
can be associated with the product without indicating each active 916
ingredient. The established name and quantity of each active 917
ingredient are required if such a relevant strength cannot be so 918
associated with a drug product containing more than one 919
ingredient. 920
(4) The dosage form; 922
(5) The price charged for a specific quantity of the drug 924
product. The stated price shall include all charges to the 925
consumer, including, but not limited to, the cost of the drug 926
product, professional fees, handling fees, if any, and a 927
statement identifying professional services routinely furnished 928
by the pharmacy. Any mailing fees and delivery fees may be 929
22
stated separately without repetition. The information shall not 930
be false or misleading. 931
(O) "Wholesale distributor of dangerous drugs" means a 933
person engaged in the sale of dangerous drugs at wholesale and 934
includes any agent or employee of such a person authorized by the 936
person to engage in the sale of dangerous drugs at wholesale. 937
(P) "Manufacturer of dangerous drugs" means a person, 939
other than a pharmacist, who manufactures dangerous drugs and who 940
is engaged in the sale of those dangerous drugs within this 941
state. 942
(Q) "Terminal distributor of dangerous drugs" means a 944
person who is engaged in the sale of dangerous drugs at retail, 946
or any person, other than a wholesale distributor or a 947
pharmacist, who has possession, custody, or control of dangerous 949
drugs for any purpose other than for that person's own use and 951
consumption, and includes pharmacies, hospitals, nursing homes, 952
and laboratories and all other persons who procure dangerous 953
drugs for sale or other distribution by or under the supervision 954
of a pharmacist or licensed health professional authorized to 955
prescribe drugs.
(R) "Promote to the public" means disseminating a 957
representation to the public in any manner or by any means, other 958
than by labeling, for the purpose of inducing, or that is likely 959
to induce, directly or indirectly, the purchase of a dangerous 960
drug at retail. 961
(S) "Person" includes any individual, partnership, 963
association, limited liability company, or corporation, the 964
state, any political subdivision of the state, and any district, 965
department, or agency of the state or its political subdivisions. 966
(T) "Finished dosage form" has the same meaning as in 968
section 3715.01 of the Revised Code. 969
(U) "Generically equivalent drug" has the same meaning as 971
in section 3715.01 of the Revised Code. 972
(V) "Animal shelter" means a facility operated by a humane 974
23
society or any society organized under Chapter 1717. of the 975
Revised Code or a dog pound operated pursuant to Chapter 955. of 976
the Revised Code. 977
(W) "Food" has the same meaning as in section 3715.01 of 980
the Revised Code.
(X) "ADMINISTER" HAS THE SAME MEANING AS IN SECTION 982
3719.01 OF THE REVISED CODE. 983
Sec. 4729.07. An individual desiring to be licensed as a 993
pharmacist shall file with the executive director of the state 994
board of pharmacy a verified application giving such information 995
as the board requires, and appear before the board to. AN 996
APPLICATION FILED UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT 998
THE APPROVAL OF THE BOARD.
EACH APPLICANT SHALL take an examination to determine 1,002
fitness to practice pharmacy. Examinations of those applying for 1,003
licensure as pharmacists shall be held at such times, during each 1,005
year, and at such places as the board determines. The board may 1,006
make use of all or any part of the licensure examination of the 1,007
national association of boards of pharmacy or any other national 1,008
standardized pharmacy examination that it considers appropriate 1,009
to perform its duties under this section. The board may require 1,010
applicants for licensure by examination to purchase the 1,011
examination and any related materials from the organization 1,012
providing it.
Sec. 4729.11. The state board of pharmacy shall establish 1,021
a pharmacy internship program for the purpose of providing the 1,022
practical experience necessary to practice as a pharmacist. Any 1,023
individual who desires to become a pharmacy intern shall apply 1,025
for licensure to the board, and. AN APPLICATION FILED UNDER THIS 1,026
SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF THE BOARD. 1,028
EACH APPLICANT shall be issued an identification card and 1,031
license as a pharmacy intern if in the opinion of the board the 1,033
applicant is actively pursuing an educational program in 1,034
preparation for licensure as a pharmacist and meets the other 1,036
24
requirements as determined by the board. An identification card 1,037
and license shall be valid until the next annual renewal date and 1,040
shall be renewed only if the intern is meeting the requirements
and rules of the board. 1,041
The state board of pharmacy may appoint a director of 1,043
pharmacy internship who is a licensed pharmacist and who is not 1,044
directly or indirectly connected with a school or college of 1,046
pharmacy or department of pharmacy of a university. The director 1,047
of pharmacy internship shall be responsible to the board for the 1,049
operation and direction of the pharmacy internship program 1,050
established by the board under this section, and for such other 1,051
duties as the board may assign. 1,052
Sec. 4729.12. An identification card issued by the state 1,061
board of pharmacy under section 4729.08 of the Revised Code 1,062
entitles the individual to whom it is issued to practice as a 1,064
pharmacist or as a pharmacy intern in this state until the next 1,066
annual renewal date.
Identification cards shall be renewed annually on the 1,068
fifteenth day of September, according to the standard renewal 1,069
procedure of Chapter 4745. of the Revised Code. 1,071
Each pharmacist and pharmacy intern shall carry the 1,073
identification card or renewal identification card while engaged 1,075
in the practice of pharmacy. The license shall be conspicuously 1,076
exposed at the principal place where the pharmacist or pharmacy 1,078
intern practices pharmacy. 1,079
A pharmacist or pharmacy intern who desires to continue in 1,082
the practice of pharmacy shall file with the board an application 1,085
in such form and containing such data as the board may require 1,086
for renewal of an identification card. AN APPLICATION FILED 1,087
UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF 1,088
THE BOARD. If the board finds that the applicant's card has not 1,090
been revoked or placed under suspension and that the applicant 1,092
has paid the renewal fee, has continued pharmacy education in 1,094
accordance with the rules of the board, and is entitled to 1,095
25
continue in the practice of pharmacy, the board shall issue a 1,096
renewal identification card to the applicant.
When an identification card has lapsed for more than sixty 1,098
days but application is made within three years after the 1,099
expiration of the card, the applicant shall be issued a renewal 1,100
identification card without further examination if the applicant 1,102
meets the requirements of this section and pays the fee 1,103
designated under division (E) of section 4729.15 of the Revised 1,104
Code.
Sec. 4729.16. (A) The state board of pharmacy, after 1,113
notice and hearing in accordance with Chapter 119. of the Revised 1,115
Code, may revoke, suspend, LIMIT, place on probation, or refuse 1,116
to grant or renew an identification card, or may impose a
monetary penalty or forfeiture not to exceed in severity any fine 1,118
designated under the Revised Code for a similar offense, or in 1,120
the case of a violation of a section of the Revised Code that 1,121
does not bear a penalty, a monetary penalty or forfeiture of not 1,123
more than five hundred dollars, if the board finds a pharmacist 1,124
or pharmacy intern:
(1) Guilty of a felony or gross immorality; 1,126
(2) Guilty of dishonesty or unprofessional conduct in the 1,128
practice of pharmacy; 1,129
(3) Addicted to or abusing liquor or drugs or impaired 1,131
physically or mentally to such a degree as to render the 1,132
pharmacist or pharmacy intern unfit to practice pharmacy; 1,134
(4) Has been convicted of a misdemeanor related to, or 1,136
committed in, the practice of pharmacy; 1,137
(5) Guilty of willfully violating, conspiring to violate, 1,139
attempting to violate, or aiding and abetting the violation of 1,140
any of the provisions of this chapter, sections 3715.52 to 1,141
3715.72 of the Revised Code, or Chapter 2925. or 3719. of the 1,143
Revised Code, OR ANY RULE ADOPTED BY THE BOARD UNDER THOSE 1,144
PROVISIONS;
(6) Guilty of permitting anyone other than a pharmacist or 1,146
26
pharmacy intern to practice pharmacy; 1,147
(7) Guilty of knowingly lending the pharmacist's or 1,149
pharmacy intern's name to an illegal practitioner of pharmacy or 1,151
having professional connection with an illegal practitioner of 1,152
pharmacy;
(8) Guilty of dividing or agreeing to divide remuneration 1,154
made in the practice of pharmacy with any other individual, 1,155
including, but not limited to, any licensed health professional 1,157
authorized to prescribe drugs or any owner, manager, or employee 1,158
of a health care facility, residential care facility, or nursing 1,159
home;
(9) Has violated the terms of a consult agreement entered 1,161
into pursuant to section 4729.39 of the Revised Code; 1,162
(10) HAS COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION 1,164
IN APPLYING FOR OR SECURING A LICENSE OR IDENTIFICATION CARD 1,165
ISSUED BY THE BOARD UNDER THIS CHAPTER OR UNDER CHAPTER 3715. OR 1,166
3719. OF THE REVISED CODE. 1,167
(B) Any individual whose identification card is revoked, 1,169
suspended, or refused, shall return the identification card and 1,171
license to the offices of the state board of pharmacy within ten 1,174
days after receipt of notice of such action.
(C) As used in this section: 1,176
"Unprofessional conduct in the practice of pharmacy" 1,178
includes any of the following: 1,179
(1) Advertising or displaying signs that promote dangerous 1,181
drugs to the public in a manner that is false or misleading; 1,182
(2) Except as provided in section 4729.281 of the Revised 1,184
Code, the sale of any drug for which a prescription is required, 1,185
without having received a prescription for the drug; 1,187
(3) Willfully and knowingly filling prescriptions or 1,189
selling drugs for KNOWINGLY DISPENSING MEDICATION PURSUANT TO 1,190
false or forged prescriptions; 1,191
(4) Willfully and knowingly KNOWINGLY failing to maintain 1,193
complete and accurate records of all controlled substances 1,195
27
DANGEROUS DRUGS received or dispensed in compliance with federal 1,197
laws and regulations and state laws and rules; 1,198
(5) Obtaining any remuneration by fraud, 1,200
misrepresentation, or deception; 1,201
(6) Obtaining or attempting to obtain a license issued 1,203
under this chapter or Chapter 3715. of the Revised Code from the 1,205
state board of pharmacy by fraud, misrepresentation, or 1,206
deception.
(D) THE BOARD MAY SUSPEND A LICENSE OR IDENTIFICATION CARD 1,208
UNDER DIVISION (B) OF SECTION 3719.121 OF THE REVISED CODE BY 1,210
UTILIZING A TELEPHONE CONFERENCE CALL TO REVIEW THE ALLEGATIONS 1,211
AND TAKE A VOTE. 1,212
(E) IF, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF 1,215
THE REVISED CODE, THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT 1,216
A PHARMACIST OR PHARMACY INTERN IS PHYSICALLY OR MENTALLY 1,217
IMPAIRED, THE BOARD MAY REQUIRE THE PHARMACIST OR PHARMACY INTERN 1,218
TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION, OR BOTH. 1,220
Sec. 4729.39. (A) A pharmacist may enter into a consult 1,230
agreement with a physician authorized under Chapter 4731. of the 1,232
Revised Code to practice medicine and surgery or osteopathic 1,234
medicine and surgery. Under a consult agreement, a pharmacist is
authorized to manage an individual's drug therapy, but only to 1,235
the extent specified in the agreement by the individual's 1,236
physician and to the extent specified in, this section, and the 1,237
rules adopted under this section. 1,238
(B) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,241
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,242
INDIVIDUAL WHO IS NOT A PATIENT IN A HOSPITAL, AS DEFINED IN 1,243
SECTION 3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM 1,245
CARE FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,246
(1) A separate consult agreement must be entered into for 1,248
each individual whose drug therapy is to be managed by a 1,250
pharmacist. A consult agreement applies only to the particular 1,251
diagnosis for which a physician prescribed an individual's drug 1,252
28
therapy. If a different diagnosis is made for the individual, 1,253
the pharmacist and physician must enter into a new or additional
consult agreement. 1,254
(2) Management of an individual's drug therapy by a 1,256
pharmacist under a consult agreement may include monitoring and 1,257
modifying a prescription that has been issued for the individual. 1,259
Except as provided in section 4729.38 of the Revised Code for the 1,261
selection of generically equivalent drugs, management of an 1,262
individual's drug therapy by a pharmacist under a consult 1,263
agreement shall not include dispensing a drug that has not been 1,264
prescribed by the physician. 1,265
(3) Each consult agreement shall be in writing, except 1,267
that a consult agreement may be entered into verbally if it is 1,268
immediately reduced to writing. A 1,269
(4) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT SHALL 1,272
SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS 1,273
AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL SPECIFIED 1,274
IN THE AGREEMENT. 1,275
(5) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT MAY 1,278
SPECIFY ONE OTHER PHYSICIAN WHO HAS AGREED TO SERVE AS AN 1,279
ALTERNATE PHYSICIAN IN THE EVENT THAT THE PRIMARY PHYSICIAN IS 1,280
UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHARMACIST. THE 1,281
PHARMACIST MAY SPECIFY ONE OTHER PHARMACIST WHO HAS AGREED TO 1,282
SERVE AS AN ALTERNATE PHARMACIST IN THE EVENT THAT THE PRIMARY 1,283
PHARMACIST IS UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHYSICIAN. 1,284
(6) A consult agreement may not be implemented until it 1,287
has been signed by the PRIMARY pharmacist, the PRIMARY physician, 1,288
and the individual whose drug therapy will be managed or another 1,290
person who has the authority to provide consent to treatment on 1,291
behalf of the individual. The physician shall specify in the 1,292
agreement the extent to which the pharmacist is authorized to 1,293
manage the drug therapy of the individual specified in the 1,294
agreement. The ONCE THE AGREEMENT IS SIGNED BY ALL REQUIRED 1,295
PARTIES, THE physician shall include in the individual's medical 1,296
29
record the fact that a consult agreement has been entered into 1,297
with a pharmacist. 1,298
(7) Prior to commencing any action to manage an 1,300
individual's drug therapy under a consult agreement, the 1,301
pharmacist shall make reasonable attempts to contact and confer 1,302
with the physician who entered into the consult agreement with 1,303
the pharmacist. A pharmacist may commence an action to manage an 1,305
individual's drug therapy prior to conferring with the physician 1,306
OR THE PHYSICIAN'S ALTERNATE, but shall immediately cease the
action that was commenced if the pharmacist has not conferred 1,308
with the EITHER physician within forty-eight hours. 1,310
A pharmacist acting under a consult agreement shall 1,312
maintain a record of each action taken to manage an individual's 1,313
drug therapy. The pharmacist shall send to the individual's 1,315
physician a written report of all actions taken to manage the 1,316
individual's drug therapy at intervals the physician shall
specify when entering into the agreement. The physician shall 1,317
include the pharmacist's report in the medical records the 1,319
physician maintains for the individual. 1,320
(8) A consult agreement may be terminated by either the 1,322
pharmacist or physician who entered into the agreement. By 1,324
withdrawing consent, the individual whose drug therapy is being 1,325
managed or the individual who consented to the treatment on 1,326
behalf of the individual may terminate a consult agreement. The 1,327
pharmacist or physician who receives the individual's withdrawal 1,328
of consent shall provide written notice to the opposite party. A
pharmacist or physician who terminates a consult agreement shall 1,329
provide written notice to the opposite party and to the 1,330
individual who consented to treatment under the agreement. The 1,331
termination of a consult agreement shall be recorded by the 1,333
pharmacist and physician in the records they maintain on the
individual being treated. 1,334
The (9) EXCEPT AS DESCRIBED IN DIVISION (B)(5) OF THIS 1,337
SECTION, THE authority of a pharmacist to manage an individual's
30
drug therapy under a consult agreement does not permit the 1,338
pharmacist to manage drug therapy prescribed by any other 1,339
physician or to manage an individual's drug therapy. 1,340
(C) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,343
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,344
INDIVIDUAL WHO IS A PATIENT IN A HOSPITAL, AS DEFINED IN SECTION 1,345
3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM CARE 1,347
FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,348
(1) BEFORE A CONSULT AGREEMENT MAY BE ENTERED INTO AND 1,350
IMPLEMENTED, A HOSPITAL OR LONG-TERM CARE FACILITY SHALL ADOPT A 1,352
POLICY FOR CONSULT AGREEMENTS. FOR ANY PERIOD OF TIME DURING 1,353
WHICH A PHARMACIST OR PHYSICIAN ACTING UNDER A CONSULT AGREEMENT 1,354
IS NOT PHYSICALLY PRESENT AND AVAILABLE AT THE HOSPITAL OR 1,355
FACILITY, THE POLICY SHALL REQUIRE THAT ANOTHER PHARMACIST AND 1,356
PHYSICIAN BE PHYSICALLY PRESENT AND AVAILABLE AT THE HOSPITAL OR 1,357
FACILITY.
(2) THE CONSULT AGREEMENT SHALL BE MADE IN WRITING AND 1,359
SHALL COMPLY WITH THE HOSPITAL'S OR FACILITY'S POLICY ON CONSULT 1,360
AGREEMENTS. 1,361
(3) THE CONSULT AGREEMENT SHALL BE SIGNED BY THE 1,363
PHARMACIST AND THE PHYSICIAN ENTERING INTO THE AGREEMENT AND BY 1,364
THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED OR ANOTHER 1,365
PERSON AUTHORIZED TO PROVIDE CONSENT TO TREATMENT ON BEHALF OF 1,366
THE INDIVIDUAL, EXCEPT IF A GROUP OF PHARMACISTS OR PHYSICIANS 1,367
PROVIDE CARE FOR THE INDIVIDUAL, THE AGREEMENT NEED ONLY BE 1,368
SIGNED BY THE INDIVIDUAL'S PRIMARY PHARMACIST, PRIMARY PHYSICIAN, 1,369
AND THE INDIVIDUAL OR OTHER PERSON. 1,370
(4) THE CONTENT OF THE CONSULT AGREEMENT SHALL BE 1,372
COMMUNICATED TO THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED 1,373
IN A MANNER CONSISTENT WITH THE HOSPITAL'S OR FACILITY'S POLICY 1,375
ON CONSULT AGREEMENTS.
(5) A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL 1,378
MAINTAIN IN THE INDIVIDUAL'S MEDICAL RECORD A RECORD OF EACH
ACTION TAKEN UNDER THE AGREEMENT. 1,379
31
(6) COMMUNICATION BETWEEN A PHARMACIST AND PHYSICIAN 1,381
ACTING UNDER THE CONSULT AGREEMENT SHALL TAKE PLACE AT REGULAR 1,382
INTERVALS SPECIFIED BY THE PRIMARY PHYSICIAN ACTING UNDER THE 1,383
AGREEMENT. 1,384
(7) A CONSULT AGREEMENT MAY BE TERMINATED BY THE 1,386
INDIVIDUAL, A PERSON AUTHORIZED TO ACT ON BEHALF OF THE 1,387
INDIVIDUAL, THE PRIMARY PHYSICIAN ACTING UNDER THE AGREEMENT, OR 1,388
THE PRIMARY PHARMACIST ACTING UNDER THE AGREEMENT. WHEN A 1,389
CONSULT AGREEMENT IS TERMINATED, ALL PARTIES TO THE AGREEMENT 1,390
SHALL BE NOTIFIED AND THE TERMINATION SHALL BE RECORDED IN THE 1,391
INDIVIDUAL'S MEDICAL RECORD. 1,392
(8) THE AUTHORITY OF A PHARMACIST ACTING UNDER A CONSULT 1,395
AGREEMENT DOES NOT PERMIT THE PHARMACIST TO ACT UNDER THE
AGREEMENT in a hospital or health LONG-TERM care facility at 1,398
which the pharmacist is not authorized to practice. 1,400
(B)(D) The state board of pharmacy, in consultation with 1,403
the state medical board, shall adopt rules to be followed by 1,404
pharmacists, and the state medical board, in consultation with 1,405
the state board of pharmacy, shall adopt rules to be followed by
physicians, that establish standards and procedures for entering 1,407
into a consult agreement and managing an individual's drug 1,408
therapy under a consult agreement. The boards shall specify in 1,409
the rules any categories of drugs or types of diseases for which 1,410
a consult agreement may not be established. Either board may 1,411
adopt any other rules it considers necessary for the 1,412
implementation and administration of this section. All rules 1,413
adopted under this division shall be adopted in accordance with 1,414
Chapter 119. of the Revised Code. 1,417
Sec. 4729.41. A PHARMACIST LICENSED UNDER THIS CHAPTER WHO 1,419
HAS SUCCESSFULLY COMPLETED A COURSE APPROVED BY THE STATE BOARD 1,420
OF PHARMACY IN ADMINISTRATION OF DRUGS MAY ADMINISTER DRUGS 1,421
PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 1,422
PRESCRIBE DRUGS. PROOF OF SUCCESSFULLY COMPLETING THE COURSE 1,423
SHALL BE MAINTAINED BY THE PHARMACIST AT THE PHARMACIST'S PLACE
32
OF EMPLOYMENT, SUBJECT TO INSPECTION BY THE BOARD OR THE BOARD'S 1,424
DESIGNEE.
THE BOARD SHALL APPROVE COURSES FOR THE PURPOSES OF THIS 1,426
SECTION.
Sec. 4729.55. No license shall be issued to an applicant 1,435
for licensure as a terminal distributor of dangerous drugs unless 1,436
the applicant has furnished satisfactory proof to the board of 1,437
pharmacy that: 1,438
(A) The applicant is equipped as to land, buildings, and 1,440
equipment to properly carry on the business of a terminal 1,441
distributor of dangerous drugs within the category of licensure 1,442
approved by the board. 1,443
(B) A pharmacist, licensed health professional authorized 1,446
to prescribe drugs, animal shelter licensed with the state board 1,447
of pharmacy under section 4729.531 of the Revised Code, or a 1,448
laboratory as defined in section 3719.01 of the Revised Code will 1,450
maintain supervision and control over the possession and custody 1,452
of dangerous drugs that may be acquired by or on behalf of the 1,453
applicant.
(C) Adequate safeguards are assured to prevent the sale or 1,455
other distribution of dangerous drugs by any person other than a 1,456
pharmacist or licensed health professional authorized to 1,459
prescribe drugs.
(D) ADEQUATE SAFEGUARDS ARE ASSURED THAT THE APPLICANT 1,461
WILL CARRY ON THE BUSINESS OF A TERMINAL DISTRIBUTOR OF DANGEROUS 1,462
DRUGS IN A MANNER THAT ALLOWS PHARMACISTS AND PHARMACY INTERNS 1,463
EMPLOYED BY THE TERMINAL DISTRIBUTOR TO PRACTICE PHARMACY IN A 1,464
SAFE AND EFFECTIVE MANNER. 1,465
(E) If the applicant, or any agent or employee of the 1,467
applicant, has been found guilty of violating section 4729.51 of 1,468
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 1,469
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse 1,470
control laws, Chapter 2925., 3715., 3719., or 4729. of the 1,473
Revised Code, or any rule of the board, adequate safeguards are 1,474
33
assured to prevent the recurrence of the violation.
(E)(F) In the case of an applicant who is a food processor 1,476
or retail seller of food, the applicant will maintain supervision 1,478
and control over the possession and custody of nitrous oxide. 1,479
(F)(G) In the case of an applicant who is a retail seller 1,481
of oxygen in original packages labeled as required by the 1,482
"Federal Food, Drug, and Cosmetic Act," the applicant will 1,483
maintain supervision and control over the possession, custody, 1,484
and retail sale of the oxygen. 1,485
(G)(H) If the application is made on behalf of an animal 1,487
shelter, at least one of the agents or employees of the animal 1,489
shelter is certified in compliance with section 4729.532 of the 1,490
Revised Code.
(H)(I) In the case of an applicant who is a retail seller 1,492
of peritoneal dialysis solutions in original packages labeled as 1,493
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1,495
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain 1,496
supervision and control over the possession, custody, and retail 1,498
sale of the peritoneal dialysis solutions.
Section 2. That existing sections 121.22, 2317.02, 1,500
3719.121, 4729.01, 4729.07, 4729.11, 4729.12, 4729.16, 4729.39, 1,501
and 4729.55 of the Revised Code are hereby repealed. 1,502