As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 172 5
1999-2000 6
SENATORS DRAKE-McLIN-HAGAN-PRENTISS-HERINGTON-SPADA- 7
REPRESENTATIVES VAN VYVEN-TERWILLEGER-BRADING 8
_________________________________________________________________ 9
A B I L L
To amend sections 121.22, 2317.02, 3705.05, 3705.25, 11
3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 13
4729.07, 4729.11, 4729.12, 4729.16, 4729.39, and 14
4729.55 and to enact sections 4725.171 and
4729.19 of the Revised Code to extend the 16
physician-patient testimonial privilege to
include certain communications from physicians to 17
pharmacists and between patients and pharmacists, 18
to revise the law governing consult agreements 20
between physicians and pharmacists, to prohibit
withdrawing an application for licensure without 21
the approval of the State Board of Pharmacy, to 22
make other changes to the law governing the
practice of pharmacy, to allow the health 23
commissioners of the health districts that 24
constitute a combined primary registration 25
district to jointly appoint the local registrar
of vital statistics for the combined district, to 26
allow a board of health, on a recommendation of 27
the health commissioner, to remove from office
the local registrar of vital statistics, to 29
require the Department of Alcohol and Drug
Addiction Services to establish a process for the 30
certification or credentialing of chemical 31
dependency professionals, to make changes in the 32
laws pertaining to the reinstatement and late
renewal of licenses to practice optometry, and to 33
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amend the version of section 121.22 of the 34
Revised Code that is scheduled to take effect 35
December 24, 2000, to continue the provisions of 36
this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 121.22, 2317.02, 3705.05, 40
3705.25, 3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 4729.07, 41
4729.11, 4729.12, 4729.16, 4729.39, and 4729.55 be amended and 42
sections 4725.171 and 4729.19 of the Revised Code be enacted to 44
read as follows: 45
Sec. 121.22. (A) This section shall be liberally 54
construed to require public officials to take official action and 55
to conduct all deliberations upon official business only in open 56
meetings unless the subject matter is specifically excepted by 57
law. 58
(B) As used in this section: 60
(1) "Public body" means any of the following: 62
(a) Any board, commission, committee, council, or similar 64
decision-making body of a state agency, institution, or 65
authority, and any legislative authority or board, commission, 66
committee, council, agency, authority, or similar decision-making 68
body of any county, township, municipal corporation, school 69
district, or other political subdivision or local public 70
institution;
(b) Any committee or subcommittee of a body described in 72
division (B)(1)(a) of this section; 73
(c) A court of jurisdiction of a sanitary district 75
organized wholly for the purpose of providing a water supply for 76
domestic, municipal, and public use when meeting for the purpose 78
of the appointment, removal, or reappointment of a member of the 79
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 80
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related to such a district other than litigation involving the 81
district. As used in division (B)(1)(c) of this section, "court 82
of jurisdiction" has the same meaning as "court" in section 83
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 85
public business of the public body by a majority of its members. 86
(3) "Regulated individual" means either of the following: 88
(a) A student in a state or local public educational 90
institution; 91
(b) A person who is, voluntarily or involuntarily, an 93
inmate, patient, or resident of a state or local institution 94
because of criminal behavior, mental illness or retardation, 95
disease, disability, age, or other condition requiring custodial 96
care. 97
(C) All meetings of any public body are declared to be 99
public meetings open to the public at all times. A member of a 100
public body shall be present in person at a meeting open to the 102
public to be considered present or to vote at the meeting and for 103
purposes of determining whether a quorum is present at the 104
meeting. 105
The minutes of a regular or special meeting of any public 108
body shall be promptly prepared, filed, and maintained and shall 109
be open to public inspection. The minutes need only reflect the 110
general subject matter of discussions in executive sessions 111
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following: 113
(1) A grand jury; 115
(2) An audit conference conducted by the auditor of state 117
or independent certified public accountants with officials of the 119
public office that is the subject of the audit; 120
(3) The adult parole authority when its hearings are 123
conducted at a correctional institution for the sole purpose of 124
interviewing inmates to determine parole or pardon; 125
(4) The organized crime investigations commission 127
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established under section 177.01 of the Revised Code; 128
(5) Meetings of a child fatality review board established 130
under section 307.621 of the Revised Code and meetings conducted 131
pursuant to sections 5153.171 to 5153.173 of the Revised Code; 132
(6) The state medical board when determining whether to 134
suspend a certificate without a prior hearing pursuant to 135
division (G) of either section 4730.25 or 4731.22 of the Revised 136
Code;
(7) The board of nursing when determining whether to 139
suspend a license without a prior hearing pursuant to division 140
(B) of section 4723.181 of the Revised Code;
(8) THE STATE BOARD OF PHARMACY WHEN DETERMINING WHETHER 142
TO SUSPEND A LICENSE WITHOUT A PRIOR HEARING PURSUANT TO DIVISION 143
(D) OF SECTION 4729.16 OF THE REVISED CODE; 144
(9) The executive committee of the emergency response 146
commission when determining whether to issue an enforcement order 147
or request that a civil action, civil penalty action, or criminal 148
action be brought to enforce Chapter 3750. of the Revised Code. 149
(E) The controlling board, the development financing 151
advisory council, the industrial technology and enterprise 152
advisory council, the tax credit authority, or the minority 153
development financing advisory board, when meeting to consider 154
granting assistance pursuant to Chapter 122. or 166. of the 155
Revised Code, in order to protect the interest of the applicant 156
or the possible investment of public funds, by unanimous vote of 157
all board, council, or authority members present, may close the 158
meeting during consideration of the following information 159
confidentially received by the authority, council, or board from 160
the applicant:
(1) Marketing plans; 162
(2) Specific business strategy; 164
(3) Production techniques and trade secrets; 166
(4) Financial projections; 168
(5) Personal financial statements of the applicant or 170
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members of the applicant's immediate family, including, but not 171
limited to, tax records or other similar information not open to 173
public inspection. 174
The vote by the authority, council, or board to accept or 177
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 180
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 182
reasonable method whereby any person may determine the time and 183
place of all regularly scheduled meetings and the time, place, 184
and purpose of all special meetings. A public body shall not 185
hold a special meeting unless it gives at least twenty-four 186
hours' advance notice to the news media that have requested 187
notification, except in the event of an emergency requiring 188
immediate official action. In the event of an emergency, the 189
member or members calling the meeting shall notify the news media 190
that have requested notification immediately of the time, place, 191
and purpose of the meeting. 192
The rule shall provide that any person, upon request and 195
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 196
business is to be discussed. Provisions for advance notification 197
may include, but are not limited to, mailing the agenda of 198
meetings to all subscribers on a mailing list or mailing notices 199
in self-addressed, stamped envelopes provided by the person. 200
(G) Except as provided in division (J) of this section, 203
the members of a public body may hold an executive session only 204
after a majority of a quorum of the public body determines, by a 205
roll call vote, to hold an executive session and only at a 207
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 208
(1) To consider the appointment, employment, dismissal, 210
discipline, promotion, demotion, or compensation of a public 211
employee or official, or the investigation of charges or 212
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complaints against a public employee, official, licensee, or 213
regulated individual, unless the public employee, official, 214
licensee, or regulated individual requests a public hearing. 215
Except as otherwise provided by law, no public body shall hold an 216
executive session for the discipline of an elected official for 217
conduct related to the performance of the elected official's 218
official duties or for the elected official's removal from 220
office. If a public body holds an executive session pursuant to 222
division (G)(1) of this section, the motion and vote to hold that 223
executive session shall state which one or more of the approved 224
purposes listed in division (G)(1) of this section are the 225
purposes for which the executive session is to be held, but need 226
not include the name of any person to be considered at the 227
meeting.
(2) To consider the purchase of property for public 229
purposes, or for the sale of property at competitive bidding, if 230
premature disclosure of information would give an unfair 231
competitive or bargaining advantage to a person whose personal, 232
private interest is adverse to the general public interest. No 233
member of a public body shall use division (G)(2) of this section 235
as a subterfuge for providing covert information to prospective 237
buyers or sellers. A purchase or sale of public property is void 238
if the seller or buyer of the public property has received covert 239
information from a member of a public body that has not been 240
disclosed to the general public in sufficient time for other 241
prospective buyers and sellers to prepare and submit offers. 242
If the minutes of the public body show that all meetings 244
and deliberations of the public body have been conducted in 245
compliance with this section, any instrument executed by the 246
public body purporting to convey, lease, or otherwise dispose of 247
any right, title, or interest in any public property shall be 248
conclusively presumed to have been executed in compliance with 249
this section insofar as title or other interest of any bona fide 250
purchasers, lessees, or transferees of the property is concerned. 251
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(3) Conferences with an attorney for the public body 253
concerning disputes involving the public body that are the 254
subject of pending or imminent court action; 255
(4) Preparing for, conducting, or reviewing negotiations 257
or bargaining sessions with public employees concerning their 258
compensation or other terms and conditions of their employment; 259
(5) Matters required to be kept confidential by federal 261
law or regulations or state statutes; 262
(6) Specialized details of security arrangements if 264
disclosure of the matters discussed might reveal information that 265
could be used for the purpose of committing, or avoiding 266
prosecution for, a violation of the law; 267
(7) In the case of a county hospital operated pursuant to 269
Chapter 339. of the Revised Code, to consider trade secrets, as 271
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 273
of the matters listed in divisions (G)(2) to (7) of this section, 275
the motion and vote to hold that executive session shall state 276
which one or more of the approved matters listed in those 277
divisions are to be considered at the executive session. 278
A public body specified in division (B)(1)(c) of this 281
section shall not hold an executive session when meeting for the
purposes specified in that division. 282
(H) A resolution, rule, or formal action of any kind is 284
invalid unless adopted in an open meeting of the public body. A 285
resolution, rule, or formal action adopted in an open meeting 286
that results from deliberations in a meeting not open to the 287
public is invalid unless the deliberations were for a purpose 288
specifically authorized in division (G) or (J) of this section 289
and conducted at an executive session held in compliance with 290
this section. A resolution, rule, or formal action adopted in an 291
open meeting is invalid if the public body that adopted the 292
resolution, rule, or formal action violated division (F) of this 293
section. 294
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(I)(1) Any person may bring an action to enforce this 296
section. An action under division (I)(1) of this section shall 298
be brought within two years after the date of the alleged 299
violation or threatened violation. Upon proof of a violation or 300
threatened violation of this section in an action brought by any 301
person, the court of common pleas shall issue an injunction to 302
compel the members of the public body to comply with its 303
provisions. 304
(2)(a) If the court of common pleas issues an injunction 306
pursuant to division (I)(1) of this section, the court shall 307
order the public body that it enjoins to pay a civil forfeiture 308
of five hundred dollars to the party that sought the injunction 309
and shall award to that party all court costs and, subject to 310
reduction as described in division (I)(2) of this section, 312
reasonable attorney's fees. The court, in its discretion, may 313
reduce an award of attorney's fees to the party that sought the 314
injunction or not award attorney's fees to that party if the 315
court determines both of the following: 316
(i) That, based on the ordinary application of statutory 318
law and case law as it existed at the time of violation or 319
threatened violation that was the basis of the injunction, a 320
well-informed public body reasonably would believe that the 321
public body was not violating or threatening to violate this 322
section; 323
(ii) That a well-informed public body reasonably would 325
believe that the conduct or threatened conduct that was the basis 326
of the injunction would serve the public policy that underlies 327
the authority that is asserted as permitting that conduct or 328
threatened conduct. 329
(b) If the court of common pleas does not issue an 331
injunction pursuant to division (I)(1) of this section and the 332
court determines at that time that the bringing of the action was 333
frivolous conduct, as defined in division (A) of section 2323.51 334
of the Revised Code, the court shall award to the public body all 335
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court costs and reasonable attorney's fees, as determined by the 336
court. 337
(3) Irreparable harm and prejudice to the party that 339
sought the injunction shall be conclusively and irrebuttably 340
presumed upon proof of a violation or threatened violation of 341
this section. 342
(4) A member of a public body who knowingly violates an 344
injunction issued pursuant to division (I)(1) of this section may 345
be removed from office by an action brought in the court of 346
common pleas for that purpose by the prosecuting attorney or the 347
attorney general. 348
(J)(1) Pursuant to division (C) of section 5901.09 of the 350
Revised Code, a veterans service commission shall hold an 351
executive session for one or more of the following purposes 352
unless an applicant requests a public hearing: 353
(a) Interviewing an applicant for financial assistance 355
under sections 5901.01 to 5901.15 of the Revised Code; 356
(b) Discussing applications, statements, and other 358
documents described in division (B) of section 5901.09 of the 359
Revised Code; 360
(c) Reviewing matters relating to an applicant's request 362
for financial assistance under sections 5901.01 to 5901.15 of the 363
Revised Code.
(2) A veterans service commission shall not exclude an 365
applicant for, recipient of, or former recipient of financial 366
assistance under sections 5901.01 to 5901.15 of the Revised Code, 367
and shall not exclude representatives selected by the applicant, 369
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 370
applicant's, recipient's, or former recipient's application for 371
financial assistance.
(3) A veterans service commission shall vote on the grant 373
or denial of financial assistance under sections 5901.01 to 374
5901.15 of the Revised Code only in an open meeting of the 376
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commission. The minutes of the meeting shall indicate the name, 377
address, and occupation of the applicant, whether the assistance 378
was granted or denied, the amount of the assistance if assistance 379
is granted, and the votes for and against the granting of 380
assistance.
Sec. 2317.02. The following persons shall not testify in 389
certain respects: 390
(A) An attorney, concerning a communication made to the 392
attorney by a client in that relation or the attorney's advice to 394
a client, except that the attorney may testify by express consent 395
of the client or, if the client is deceased, by the express 396
consent of the surviving spouse or the executor or administrator 397
of the estate of the deceased client and except that, if the 398
client voluntarily testifies or is deemed by section 2151.421 of 399
the Revised Code to have waived any testimonial privilege under 400
this division, the attorney may be compelled to testify on the 401
same subject;
(B)(1) A physician or a dentist concerning a communication 403
made to the physician or dentist by a patient in that relation or 404
the physician's or dentist's advice to a patient, except as 406
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 407
is deemed by section 2151.421 of the Revised Code to have waived 408
any testimonial privilege under this division, the physician may 409
be compelled to testify on the same subject. 410
The testimonial privilege established under this division 412
does not apply, and a physician or dentist may testify or may be 413
compelled to testify, in any of the following circumstances: 414
(a) In any civil action, in accordance with the discovery 416
provisions of the Rules of Civil Procedure in connection with a 417
civil action, or in connection with a claim under Chapter 4123. 418
of the Revised Code, under any of the following circumstances: 419
(i) If the patient or the guardian or other legal 421
representative of the patient gives express consent; 422
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(ii) If the patient is deceased, the spouse of the patient 424
or the executor or administrator of the patient's estate gives 426
express consent;
(iii) If a medical claim, dental claim, chiropractic 428
claim, or optometric claim, as defined in section 2305.11 of the 429
Revised Code, an action for wrongful death, any other type of 430
civil action, or a claim under Chapter 4123. of the Revised Code 431
is filed by the patient, the personal representative of the 432
estate of the patient if deceased, or the patient's guardian or 434
other legal representative.
(b) In any criminal action concerning any test or the 436
results of any test that determines the presence or concentration 437
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 438
the patient's blood, breath, urine, or other bodily substance at 439
any time relevant to the criminal offense in question. 440
(c) In any criminal action against a physician or dentist. 443
In such an action, the testimonial privilege established under 444
this division does not prohibit the admission into evidence, in 445
accordance with the Rules of Evidence, of a patient's medical or 448
dental records or other communications between a patient and the 449
physician or dentist that are related to the action and obtained 450
by subpoena, search warrant, or other lawful means. A court that 451
permits or compels a physician or dentist to testify in such an 452
action or permits the introduction into evidence of patient 453
records or other communications in such an action shall require 454
that appropriate measures be taken to ensure that the 455
confidentiality of any patient named or otherwise identified in 456
the records is maintained. Measures to ensure confidentiality 457
that may be taken by the court include sealing its records or 458
deleting specific information from its records. 459
(2)(a) If any law enforcement officer submits a written 461
statement to a health care provider that states that an official 462
criminal investigation has begun regarding a specified person or 463
that a criminal action or proceeding has been commenced against a 464
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specified person, that requests the provider to supply to the 465
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 466
specified person to determine the presence or concentration of 467
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 468
person's blood, breath, or urine at any time relevant to the 469
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 470
specifically prohibited by any law of this state or of the United 471
States, shall supply to the officer a copy of any of the 472
requested records the provider possesses. If the health care 473
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 474
indicates that the provider does not possess any of the requested 475
records.
(b) If a health care provider possesses any records of the 477
type described in division (B)(2)(a) of this section regarding 478
the person in question at any time relevant to the criminal 479
offense in question, in lieu of personally testifying as to the 480
results of the test in question, the custodian of the records may 481
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 482
admitted as evidence in accordance with the Rules of Evidence. 483
Division (A) of section 2317.422 of the Revised Code does not 484
apply to any certified copy of records submitted in accordance 485
with this division. Nothing in this division shall be construed 486
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 487
person under whose supervision the test was administered, the 488
custodian of the records, the person who made the records, or the 489
person under whose supervision the records were made. 490
(3)(a) If the testimonial privilege described in division 492
(B)(1) of this section does not apply as provided in division 493
(B)(1)(a)(iii) of this section, a physician or dentist may be 494
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compelled to testify or to submit to discovery under the Rules of 495
Civil Procedure only as to a communication made to the physician 496
or dentist by the patient in question in that relation, or the 497
physician's or dentist's advice to the patient in question, that 499
related causally or historically to physical or mental injuries 500
that are relevant to issues in the medical claim, dental claim, 501
chiropractic claim, or optometric claim, action for wrongful 502
death, other civil action, or claim under Chapter 4123. of the 503
Revised Code.
(b) If the testimonial privilege described in division 505
(B)(1) of this section does not apply to a physician or dentist 506
as provided in division (B)(1)(b) of this section, the physician 507
or dentist, in lieu of personally testifying as to the results of 508
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 509
qualified as authentic evidence and may be admitted as evidence 510
in accordance with the Rules of Evidence. Division (A) of 511
section 2317.422 of the Revised Code does not apply to any 512
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 513
the right of any party to call as a witness the person who 514
administered the test in question, the person under whose 515
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 516
person under whose supervision the results were compiled. 517
(4) THE TESTIMONIAL PRIVILEGE DESCRIBED IN DIVISION (B)(1) 520
OF THIS SECTION IS NOT WAIVED WHEN A COMMUNICATION IS MADE BY A 521
PHYSICIAN TO A PHARMACIST OR WHEN THERE IS COMMUNICATION BETWEEN 522
A PATIENT AND A PHARMACIST IN FURTHERANCE OF THE 523
PHYSICIAN-PATIENT RELATION.
(5)(a) As used in divisions (B)(1) to (3)(4) of this 525
section, "communication" means acquiring, recording, or 527
transmitting any information, in any manner, concerning any 528
facts, opinions, or statements necessary to enable a physician or 529
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dentist to diagnose, treat, prescribe, or act for a patient. A 530
"communication" may include, but is not limited to, any medical 531
or dental, office, or hospital communication such as a record, 532
chart, letter, memorandum, laboratory test and results, x-ray, 533
photograph, financial statement, diagnosis, or prognosis. 534
(b) As used in division (B)(2) of this section, "health 536
care provider" has the same meaning as in section 3729.01 of the 537
Revised Code.
(5)(6) Divisions (B)(1), (2), (3), and (4), AND (5) of 540
this section apply to doctors of medicine, doctors of osteopathic 541
medicine, doctors of podiatry, and dentists. 542
(6)(7) Nothing in divisions (B)(1) to (5)(6) of this 545
section affects, or shall be construed as affecting, the immunity 546
from civil liability conferred by section 307.628 or 2305.33 of 547
the Revised Code upon physicians who report an employee's use of 549
a drug of abuse, or a condition of an employee other than one 550
involving the use of a drug of abuse, to the employer of the 551
employee in accordance with division (B) of that section. As 552
used in division (B)(6)(7) of this section, "employee," 554
"employer," and "physician" have the same meanings as in section 555
2305.33 of the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 557
ordained, accredited, or licensed minister of an established and 559
legally cognizable church, denomination, or sect, when the member 560
of the clergy, rabbi, priest, or minister remains accountable to 562
the authority of that church, denomination, or sect, concerning a 563
confession made, or any information confidentially communicated, 564
to the member of the clergy, rabbi, priest, or minister for a 566
religious counseling purpose in the member of the clergy's, 567
rabbi's, priest's, or minister's professional character; however, 569
the member of the clergy, rabbi, priest, or minister may testify 571
by express consent of the person making the communication, except 572
when the disclosure of the information is in violation of a 573
sacred trust.; 574
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(D) Husband or wife, concerning any communication made by 576
one to the other, or an act done by either in the presence of the 577
other, during coverture, unless the communication was made, or 578
act done, in the known presence or hearing of a third person 579
competent to be a witness; and such rule is the same if the 580
marital relation has ceased to exist.; 581
(E) A person who assigns a claim or interest, concerning 583
any matter in respect to which the person would not, if a party, 585
be permitted to testify;
(F) A person who, if a party, would be restricted under 588
section 2317.03 of the Revised Code, when the property or thing 589
is sold or transferred by an executor, administrator, guardian, 590
trustee, heir, devisee, or legatee, shall be restricted in the 591
same manner in any action or proceeding concerning the property 592
or thing.
(G)(1) A school guidance counselor who holds a valid 594
educator license from the state board of education as provided 596
for in section 3319.22 of the Revised Code, a person licensed 597
under Chapter 4757. of the Revised Code as a professional 598
clinical counselor, professional counselor, social worker, or 599
independent social worker, or registered under Chapter 4757. of 600
the Revised Code as a social work assistant concerning a 601
confidential communication received from a client in that 602
relation or the person's advice to a client unless any of the 604
following applies:
(a) The communication or advice indicates clear and 606
present danger to the client or other persons. For the purposes 607
of this division, cases in which there are indications of present 608
or past child abuse or neglect of the client constitute a clear 609
and present danger. 610
(b) The client gives express consent to the testimony. 612
(c) If the client is deceased, the surviving spouse or the 614
executor or administrator of the estate of the deceased client 615
gives express consent. 616
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(d) The client voluntarily testifies, in which case the 618
school guidance counselor or person licensed or registered under 619
Chapter 4757. of the Revised Code may be compelled to testify on 621
the same subject.
(e) The court in camera determines that the information 623
communicated by the client is not germane to the counselor-client 624
or social worker-client relationship. 625
(f) A court, in an action brought against a school, its 627
administration, or any of its personnel by the client, rules 628
after an in-camera inspection that the testimony of the school 629
guidance counselor is relevant to that action. 630
(2) Nothing in division (G)(1) of this section shall 632
relieve a school guidance counselor or a person licensed or 634
registered under Chapter 4757. of the Revised Code from the 636
requirement to report information concerning child abuse or 637
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 639
division (A) of section 3109.052 of the Revised Code or otherwise 640
issued in any proceeding for divorce, dissolution, legal 641
separation, annulment, or the allocation of parental rights and 642
responsibilities for the care of children, in any action or 643
proceeding, other than a criminal, delinquency, child abuse, 644
child neglect, or dependent child action or proceeding, that is 645
brought by or against either parent who takes part in mediation 646
in accordance with the order and that pertains to the mediation 647
process, to any information discussed or presented in the 648
mediation process, to the allocation of parental rights and 649
responsibilities for the care of the parents' children, or to the 650
awarding of visitation rights in relation to their children.; 651
(I) A communications assistant, acting within the scope of 653
the communication assistant's authority, when providing 654
telecommunications relay service pursuant to section 4931.35 of 656
the Revised Code or Title II of the "Communications Act of 1934," 657
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 658
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made through a telecommunications relay service. NOTHING IN THIS 660
SECTION SHALL LIMIT THE OBLIGATION OF A COMMUNICATIONS ASSISTANT 661
TO DIVULGE INFORMATION OR TESTIFY WHEN MANDATED BY FEDERAL LAW OR 662
REGULATION OR PURSUANT TO SUBPOENA IN A CRIMINAL PROCEEDING.
Nothing in this section shall limit any immunity or 664
privilege granted under federal law or regulation. Nothing in 665
this section shall limit the obligation of a communications 666
assistant to divulge information or testify when mandated by 667
federal law or regulation or pursuant to subpoena in a criminal 668
proceeding. 669
Sec. 3705.05. In each primary registration district, the 678
board of health of the health district, on the recommendation of 679
the health commissioner, shall appoint the local registrar of 680
vital statistics. When a state hospital or other public 681
institution has been made a primary registration district, the 682
superintendent, or other person in charge thereof, shall be the 683
local registrar of such district. When two or more primary 684
registration districts have been combined into one PRIMARY 685
REGISTRATION district, the director of health COMMISSIONERS OF 687
THE HEALTH DISTRICTS THAT CONSTITUTE THE COMBINED PRIMARY 688
REGISTRATION DISTRICT shall designate JOINTLY APPOINT the local 689
registrar who is to act as local registrar for the combined 690
PRIMARY REGISTRATION district. IF THE HEALTH COMMISSIONERS FAIL 691
TO APPOINT THE LOCAL REGISTRAR FOR THE COMBINED PRIMARY 692
REGISTRATION DISTRICT, THE DIRECTOR OF HEALTH SHALL APPOINT THE 693
LOCAL REGISTRAR.
With the approval of the director OF HEALTH, each local 695
registrar shall appoint a deputy registrar who, in case of the 696
absence, illness, or disability of the local registrar, shall act 697
in his THE LOCAL REGISTRAR'S stead. Acceptance of appointment as 698
deputy registrar shall be in writing and shall be filed with the 700
director. No funeral director or embalmer shall serve either as 701
a local registrar or as a deputy registrar. 702
In a city registration district, all the records of vital 704
18
statistics shall be kept in the office of the board of health of 705
the city health district. In a general health district, all the 706
records of vital statistics shall be kept at the office of the 707
board of health of such district. 708
Sec. 3705.25. A local registrar of vital statistics, 717
deputy registrar, or sub-registrar who fails to discharge the 718
OFFICIAL duties of his office shall, ON A RECOMMENDATION OF THE 719
HEALTH COMMISSIONER, forthwith be removed from his office by the 720
director BOARD of health OF THE HEALTH DISTRICT THAT CONSTITUTES 722
THE PRIMARY REGISTRATION DISTRICT OR, IN THE CASE OF A LOCAL
REGISTRAR SERVING A COMBINED PRIMARY REGISTRATION DISTRICT, BY 723
THE JOINT ACTION OF THE BOARDS OF HEALTH OF THE HEALTH DISTRICTS 724
THAT CONSTITUTE THE COMBINED DISTRICT. 725
Sec. 3719.121. (A) Except as otherwise provided in 734
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 735
Code, the license, certificate, or registration of any dentist, 737
doctor of medicine or osteopathic medicine, podiatrist, 738
registered nurse, licensed practical nurse, physician assistant, 739
pharmacist, pharmacy intern, optometrist, or veterinarian who is 740
or becomes addicted to the use of controlled substances shall be 742
suspended by the board that authorized the person's license, 743
certificate, or registration until the person offers satisfactory 745
proof to the board that the person no longer is addicted to the 746
use of controlled substances. 747
(B) If the board under which a person has been issued a 750
license, certificate, or evidence of registration determines that 752
there is clear and convincing evidence that continuation of the 753
person's professional practice or method of prescribing or 754
personally furnishing controlled substances presents a danger of 757
immediate and serious harm to others, the board may suspend the 758
person's license, certificate, or registration without a hearing. 759
Except as otherwise provided in sections 4715.30, 4723.281, 760
4729.16, 4730.25, and 4731.22 of the Revised Code, the board 761
shall follow the procedure for suspension without a prior hearing 762
19
in section 119.07 of the Revised Code. The suspension shall 763
remain in effect, unless removed by the board, until the board's 764
final adjudication order becomes effective, except that if the 765
board does not issue its final adjudication order within ninety 766
days after the hearing, the suspension shall be void on the 767
ninety-first day after the hearing. 768
(C) On receiving notification pursuant to section 2929.24 770
or 3719.12 of the Revised Code, the board under which a person 771
has been issued a license, certificate, or evidence of 772
registration immediately shall suspend the license, certificate, 774
or registration of that person on a plea of guilty to, a finding 777
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 779
eligibility for intervention in lieu of conviction; a plea of 781
guilty to, or a finding by a jury or court of the person's guilt 782
of, or the person's conviction of an offense in another 783
jurisdiction that is essentially the same as a felony drug abuse 784
offense; or a finding by a court of the person's eligibility for 785
treatment or intervention in lieu of conviction in another 786
jurisdiction. The board shall notify the holder of the license, 787
certificate, or registration of the suspension, which shall 788
remain in effect until the board holds an adjudicatory hearing 790
under Chapter 119. of the Revised Code. 791
Sec. 3793.07. (A) As used in this section: 800
(1) "Medicare program" means the program established under 802
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 803
U.S.C. 301, as amended; 804
(2) "Medicaid program" means the program established under 806
Title XIX of the "Social Security Act." 807
(B) Except as otherwise provided in this section, the THE 810
department of alcohol and drug addiction services shall accept 811
ESTABLISH AND ADMINISTER A PROCESS FOR the certification or 812
credentials CREDENTIALING of an CHEMICAL DEPENDENCY PROFESSIONALS 813
FOR THE PURPOSE OF QUALIFYING THE SERVICES PROVIDED BY CHEMICAL 814
20
DEPENDENCY PROFESSIONALS FOR REIMBURSEMENT UNDER THE MEDICARE OR 815
MEDICAID PROGRAM. THE PROCESS SHALL BE MADE AVAILABLE TO ANY 816
individual who is a member of the profession of alcoholism 818
counseling, drug abuse counseling, or chemical dependency 819
counseling, or an ANY individual who is an alcoholism or drug 821
abuse prevention consultant or specialist only if the individual 822
is certified by or holds credentials from the Ohio credentialing 823
board for chemical dependency professionals. 824
(C) The department of alcohol and drug addiction services, 826
in cooperation with the department of job and family services and 827
the Ohio credentialing board for chemical dependency 829
professionals, shall prepare and submit to the federal agency 830
responsible for administration of the medicare and medicaid 831
programs a request that the agency accept for the purposes of 832
reimbursement under those programs the certifications made and 833
credentials issued by the Ohio credentialing board for chemical 834
dependency professionals. If the request is denied, the 835
department of alcohol and drug addiction services shall assist 836
the Ohio credentialing board for chemical dependency
professionals in any actions taken by the board to establish 838
standards that will be accepted by the federal agency and, in 839
cooperation with the department of job and family services, shall 840
submit additional requests to the federal agency for approval of 841
the board's standards. If the board changes its standards in 842
order to obtain the approval of the federal agency, the changes 843
shall apply only to certifications made and credentials issued 844
after the effective date of the change and shall not affect the 845
validity for the purposes of this section or section 4757.41 of 846
the Revised Code of certifications made or credentials issued 847
prior to that date. Nothing in this section shall be construed 848
as requiring such certification or credentials for services that 849
are not reimbursed by medicare or medicaid. 850
(D) If the director of alcohol and drug addiction finds 852
that the public interest is not being served by acceptance of 854
21
certifications and credentials issued by the Ohio credentialing 855
board for chemical dependency professionals, the director shall 856
make a written request to the council on alcohol and drug 857
addiction services for authority for the department to establish 858
a certification or credentialing program or accept certifications 859
or credentials from an entity designated by the department. 860
If it determines that there is substantial evidence to 862
support the director's finding, the council, by resolution, shall 863
authorize the department to establish a certification or 864
credentialing program or to accept certifications or credentials 865
from an entity designated by the department, or both. The 866
council shall issue copies of its resolution to the director and 867
to the Ohio credentialing board for chemical dependency 868
professionals.
On receipt of the resolution, the department shall, by rule 871
adopted pursuant to Chapter 119. of the Revised Code, establish a 872
certification or credentialing program or designate an entity 873
from which it will accept certifications or credentials, or both. 874
The rules are not subject to the council's review. The rules 875
shall include standards for certification or issuance of 876
credentials. The rules shall specify the date on which the 877
program established by the department is authorized to certify or 878
issue credentials to individuals or on which the department will 879
accept certification or credentials of the designated entity. 880
(C) THE DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 883
CHAPTER 119. OF THE REVISED CODE ESTABLISHING STANDARDS AND 884
PROCEDURES FOR THE CERTIFICATION OR CREDENTIALING PROCESS. THE 886
RULES SHALL INCLUDE THE FOLLOWING: 887
(1) ELIGIBILITY REQUIREMENTS; 889
(2) APPLICATION PROCEDURES; 891
(3) MINIMUM EDUCATIONAL AND CLINICAL TRAINING REQUIREMENTS 893
THAT MUST BE MET FOR INITIAL CERTIFICATION OR CREDENTIALING; 894
(4) CONTINUING EDUCATION AND TRAINING REQUIREMENTS FOR 896
CERTIFIED OR CREDENTIALED INDIVIDUALS; 897
22
(5) APPLICATION AND RENEWAL FEES THAT DO NOT EXCEED THE 899
COST INCURRED BY THE DEPARTMENT IN IMPLEMENTING AND ADMINISTERING 900
THE PROCESS; 901
(6) ADMINISTRATION OR APPROVAL OF EXAMINATIONS; 903
(7) INVESTIGATION OF COMPLAINTS AND ALLEGED VIOLATIONS OF 905
THIS SECTION; 906
(8) MAINTENANCE OF THE CONFIDENTIALITY OF THE DEPARTMENT'S 908
INVESTIGATIVE RECORDS; 909
(9) DISCIPLINARY ACTIONS, INCLUDING APPLICATION DENIAL AND 912
SUSPENSION OR REVOCATION OF CERTIFICATION OR CREDENTIALS; 913
(10) ANY OTHER RULES THE DEPARTMENT CONSIDERS NECESSARY TO 915
ESTABLISH OR ADMINISTER THE CERTIFICATION OR CREDENTIALING 916
PROCESS.
(D) THE DEPARTMENT SHALL INVESTIGATE ALLEGED VIOLATIONS OF 918
THIS SECTION OR THE RULES ADOPTED UNDER IT. AS PART OF ITS 919
INVESTIGATION, THE DEPARTMENT MAY ISSUE SUBPOENAS, EXAMINE 920
WITNESSES, AND ADMINISTER OATHS. THE DEPARTMENT SHALL ENSURE 921
THAT ALL RECORDS IT HOLDS PERTAINING TO AN INVESTIGATION REMAIN 922
CONFIDENTIAL.
(E) WITH RESPECT TO HEARINGS CONDUCTED BY THE DEPARTMENT 924
AS PART OF THE CERTIFICATION OR CREDENTIALING PROCESS, BOTH OF 925
THE FOLLOWING APPLY: 926
(1) AN INDIVIDUAL WHOSE APPLICATION FOR CERTIFICATION OR 928
CREDENTIALS ISSUED UNDER THIS SECTION HAS BEEN DENIED BY THE 929
DEPARTMENT MAY REQUEST A HEARING IN ACCORDANCE WITH CHAPTER 119. 930
OF THE REVISED CODE AND THE RULES ADOPTED UNDER THIS SECTION. 932
(2) THE DEPARTMENT MAY APPOINT A REFEREE OR HEARING 934
EXAMINER TO CONDUCT THE PROCEEDINGS AND MAKE RECOMMENDATIONS TO 935
THE DEPARTMENT AS APPROPRIATE. 936
(F) THE DEPARTMENT SHALL MAINTAIN A RECORD OF ALL FEES 938
COLLECTED UNDER THIS SECTION. ALL FEES COLLECTED SHALL BE PAID 939
INTO THE STATE TREASURY TO THE CREDIT OF THE CREDENTIALING FUND, 940
WHICH IS HEREBY CREATED. MONEY CREDITED TO THE FUND SHALL BE 941
USED SOLELY TO PAY THE COSTS OF ESTABLISHING AND ADMINISTERING 942
23
THE PROCESS FOR CERTIFICATION OR CREDENTIALING OF CHEMICAL 943
DEPENDENCY PROFESSIONALS UNDER THIS SECTION. 944
(G) Certifications made and credentials issued by the Ohio 946
credentialing board for chemical dependency professionals prior 947
to that THE date THE DEPARTMENT ESTABLISHES ITS CERTIFICATION OR 949
CREDENTIALING PROCESS UNDER THIS SECTION shall continue to be 951
accepted by the department after that date UNTIL, WITH RESPECT TO 952
ANY PARTICULAR INDIVIDUAL, ONE OF THE FOLLOWING OCCURS: 953
(1) THE INDIVIDUAL'S CERTIFICATION OR CREDENTIALS FROM THE 955
BOARD HAVE EXPIRED. 956
(2) THE INDIVIDUAL'S CERTIFICATION OR CREDENTIALS FROM THE 958
BOARD WOULD BE SUSPENDED OR REVOKED BY THE DEPARTMENT IF THE 959
CERTIFICATION OR CREDENTIALS HAD BEEN ISSUED BY THE DEPARTMENT 960
UNDER THIS SECTION.
Sec. 4725.16. (A) Each certificate of licensure, topical 962
ocular pharmaceutical agents certificate, and therapeutic 964
pharmaceutical agents certificate issued by the state board of 966
optometry shall expire annually on the last day of December, and 967
may be renewed in accordance with this section and the standard 968
renewal procedure established under Chapter 4745. of the Revised 970
Code.
(B) All licensed optometrists shall annually complete 973
continuing education in subjects relating to the practice of 975
optometry, to the end that the utilization and application of new 976
techniques, scientific and clinical advances, and the 977
achievements of research will assure comprehensive care to the 978
public. The board shall prescribe by rule the continuing 979
optometric education that licensed optometrists must complete. 980
The length of study shall be determined by the board but shall be 982
not less than six nor more than twenty-five clock hours each 983
year, except that the board shall prescribe an additional five 985
clock hours of instruction in pharmacology to be completed by 987
optometrists who hold topical ocular pharmaceutical agents 988
certificates or therapeutic pharmaceutical agents certificates. 989
24
Unless the continuing education required under this 991
division is waived or deferred under division (D) of this 992
section, the continuing education must be completed during the 993
twelve-month period beginning on the first day of October and 995
ending on the last day of September. If the board receives 996
notice from a continuing education program indicating that an 997
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 998
education completed after that day to renew the license that 999
expires on the last day of December of that year, the optometrist 1,001
shall pay the penalty specified under section 4725.34 of the 1,002
Revised Code for late completion of continuing education. 1,003
At least once annually, the board shall mail to each 1,006
licensed optometrist a list of courses approved in accordance 1,007
with standards prescribed by board rule. Upon the request of a 1,008
licensed optometrist, the executive director of the board shall 1,010
supply a list of additional courses that the board has approved 1,012
subsequent to the most recent mailing of the list of approved 1,013
courses.
(C) Annually, by the first day of November, the board 1,016
shall mail to each licensed optometrist a notice regarding 1,017
license renewal and INCLUDE WITH THE NOTICE an application for 1,018
license renewal. The application shall be in such form and 1,019
require such pertinent professional biographical data as the 1,020
board may require. AN OPTOMETRIST SEEKING TO CONTINUE TO 1,021
PRACTICE OPTOMETRY SHALL FILE THE RENEWAL APPLICATION WITH THE 1,022
BOARD. Filing of the application with the board shall serve as 1,023
notice by the optometrist that the continuing optometric 1,025
education requirement has been successfully completed.
If the board finds that the AN optometrist has not 1,027
completed the required continuing optometric education, the board 1,028
shall disapprove the optometrist's application. All other 1,030
applications shall be approved. The BOARD'S DISAPPROVAL OF 1,031
RENEWAL IS EFFECTIVE WITHOUT A HEARING, UNLESS A HEARING IS 1,032
25
REQUESTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE. THE 1,033
board shall refuse to accept an application for renewal from any 1,034
applicant whose license is not in good standing or who is under 1,035
disciplinary review pursuant to section 4725.19 of the Revised 1,036
Code. NOTICE
The board's order of disapproval for renewal shall be 1,038
effective without a hearing unless a hearing is requested 1,041
pursuant to Chapter 119. of the Revised Code. Notice of the AN 1,043
applicant's failure to qualify for renewal shall be served upon 1,045
the applicant by mail, which shall be sent on or before the 1,047
fifteenth day of November to the address shown in the board's 1,049
records.
(D) In cases of certified illness or undue hardship, the 1,051
board may waive or defer for up to twelve months the requirement 1,053
of continuing optometric education, except that in such cases the 1,055
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 1,056
topical ocular pharmaceutical agents certificates or therapeutic 1,057
pharmaceutical agents certificates. The board shall waive the 1,058
requirement of continuing optometric education for any 1,059
optometrist who is serving in the armed forces of the United 1,060
States or who has received an initial certificate of licensure 1,062
during the nine-month period which ended on the last day of 1,063
September.
(E) THE BOARD SHALL APPROVE ALL APPLICATIONS FOR RENEWAL 1,065
THAT ARE NOT DISAPPROVED OR REFUSED UNDER DIVISION (C) OF THIS 1,066
SECTION. An optometrist who desires to continue the practice of 1,069
optometry and whose RENEWAL application for license renewal has 1,070
been approved by the board may renew each certificate held by 1,071
paying TO THE TREASURER OF STATE the fees for renewal specified 1,072
under section 4725.34 of the Revised Code. The optometrist shall 1,073
pay the fees on or before the first day of January to the 1,075
treasurer of state. On payment of the renewal ALL APPLICABLE 1,076
fees, the board shall issue a renewal of the optometrist's 1,077
26
certificate of licensure, topical ocular pharmaceutical agents 1,078
certificate, and therapeutic pharmaceutical agents certificate, 1,079
as appropriate. 1,080
(F) A notice shall be sent to every licensed optometrist 1,084
who fails to respond to FILE the notice RENEWAL APPLICATION 1,085
provided under division (C) of this section, at the optometrist's 1,087
last address, at least one month in advance of the LAST DAY OF 1,088
DECEMBER, WHICH IS THE date of expiration. A second notice shall 1,090
be sent in advance of the date of expiration and prior to any 1,091
action under division (G)(I) of this section to classify the 1,092
optometrist's certificates as delinquent, to every optometrist 1,093
failing to respond to the preceding notice. 1,094
(G)(1) The failure of an optometrist to apply for license 1,097
renewal or the failure to pay the applicable annual renewal fees 1,099
on or before the last day of December DATE of each year 1,100
EXPIRATION, shall automatically work a forfeiture of the 1,102
optometrist's authority to practice optometry in this state. The 1,103
(H) THE BOARD SHALL ACCEPT RENEWAL APPLICATIONS AND 1,106
RENEWAL FEES THAT ARE SUBMITTED FROM THE FIRST DAY OF JANUARY TO 1,107
THE LAST DAY OF APRIL OF THE YEAR NEXT SUCCEEDING THE DATE OF 1,109
EXPIRATION. AN INDIVIDUAL WHO SUBMITS SUCH A LATE RENEWAL 1,110
APPLICATION OR FEE SHALL PAY THE LATE RENEWAL FEE SPECIFIED IN 1,111
SECTION 4725.34 OF THE REVISED CODE.
(I)(1) IF THE certificates issued by the board to the AN 1,114
individual HAVE EXPIRED AND THE INDIVIDUAL HAS NOT FILED A 1,115
COMPLETE APPLICATION DURING THE LATE RENEWAL PERIOD, THE
INDIVIDUAL'S CERTIFICATES shall be classified in the board's 1,116
records as delinquent. 1,117
(2) Any optometrist subject to delinquent classification 1,120
may submit a written application to the board for reinstatement. 1,122
For reinstatement to occur, the applicant must meet all of the 1,123
following conditions:
(a) Submit to the board evidence of compliance with board 1,126
rules requiring continuing optometric education in a sufficient 1,127
27
number of hours to make up for any delinquent compliance; 1,128
(b) Pay the renewal fees for the year in which application 1,131
for reinstatement is made and the reinstatement fee specified 1,132
under division (A)(7)(8) of section 4725.34 of the Revised Code; 1,133
(c) Pass all or part of the licensing examination accepted 1,136
by the board under section 4725.11 of the Revised Code as the 1,137
board considers appropriate to determine whether the application 1,138
for reinstatement should be approved; 1,139
(d) If the applicant has been practicing optometry in 1,141
another state or country, submit evidence that the applicant's 1,142
license to practice optometry in the other state or country is in 1,144
good standing.
(3) The board shall approve an application for 1,146
reinstatement if the conditions specified in division (G)(I)(2) 1,148
of this section are met. An optometrist who receives 1,149
reinstatement is subject to the continuing education requirements 1,150
specified under division (B) of this section for the year in 1,151
which reinstatement occurs. 1,152
Sec. 4725.17. (A) An optometrist who intends not to 1,154
continue practicing optometry in this state due to retirement or 1,155
a decision to practice in another state or country may apply to 1,156
the state board of optometry to have the certificates issued to 1,157
the optometrist placed on inactive status. Application for 1,158
inactive status shall consist of a written notice to the board of 1,160
the optometrist's intention to no longer practice in this state. 1,161
The board may not accept an application submitted after the 1,162
applicant's certificate of licensure and any other certificates 1,163
have expired. The board may approve an application for placement 1,164
on inactive status only if the applicant's certificates are in 1,166
good standing and the applicant is not under disciplinary review 1,167
pursuant to section 4725.19 of the Revised Code. 1,168
(B) An individual whose certificates have been placed on 1,170
inactive status may submit a written application to the board for 1,171
reinstatement. For reinstatement to occur, the applicant must 1,173
28
meet all of the following conditions: 1,174
(1) Pay the renewal fees for the year in which application 1,177
for reinstatement is made and the reinstatement fee specified 1,178
under division (A)(8)(9) of section 4725.34 of the Revised Code; 1,179
(2) Pass all or part of the licensing examination accepted 1,181
by the board under section 4725.11 of the Revised Code as the 1,183
board considers appropriate, IF THE BOARD CONSIDERS EXAMINATION 1,184
NECESSARY to determine whether the application for reinstatement 1,185
should be approved;
(3) If the applicant has been practicing optometry in 1,187
another state or country, submit evidence of being in the active 1,188
practice of optometry in the other state or country and evidence 1,189
that the applicant's license to practice in the other state or 1,190
country is in good standing. 1,191
(C) The board shall approve an application for 1,193
reinstatement if the conditions specified in division (B) of this 1,194
section are met. An optometrist who receives reinstatement is 1,196
subject to the continuing education requirements specified under 1,197
section 4725.16 of the Revised Code for the year in which 1,198
reinstatement occurs.
Sec. 4725.171. (A) AN OPTOMETRIST WHO DISCONTINUED 1,200
PRACTICING OPTOMETRY IN THIS STATE DUE TO RETIREMENT OR A 1,201
DECISION TO PRACTICE IN ANOTHER STATE OR COUNTRY BEFORE THE STATE 1,202
BOARD OF OPTOMETRY ACCEPTED APPLICATIONS FOR PLACEMENT OF 1,203
CERTIFICATES TO PRACTICE ON INACTIVE STATUS PURSUANT TO SECTION 1,204
4725.17 OF THE REVISED CODE MAY APPLY TO THE BOARD TO HAVE THE 1,206
OPTOMETRIST'S CERTIFICATES REINSTATED. THE BOARD MAY ACCEPT AN 1,207
APPLICATION FOR REINSTATEMENT ONLY IF, AT THE TIME THE 1,209
OPTOMETRIST'S CERTIFICATES EXPIRED, THE CERTIFICATES WERE IN GOOD 1,210
STANDING AND THE OPTOMETRIST WAS NOT UNDER DISCIPLINARY REVIEW BY 1,211
THE BOARD.
(B) FOR REINSTATEMENT TO OCCUR, THE APPLICANT MUST MEET 1,214
ALL OF THE FOLLOWING CONDITIONS: 1,215
(1) PAY THE RENEWAL FEES FOR THE YEAR IN WHICH APPLICATION 1,218
29
FOR REINSTATEMENT IS MADE AND THE REINSTATEMENT FEE SPECIFIED 1,219
UNDER DIVISION (A)(10) OF SECTION 4725.34 OF THE REVISED CODE;
(2) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,221
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,222
BOARD CONSIDERS APPROPRIATE, IF THE BOARD CONSIDERS EXAMINATION 1,223
NECESSARY TO DETERMINE WHETHER THE APPLICATION FOR REINSTATEMENT 1,225
SHOULD BE APPROVED;
(3) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,227
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE OF BEING IN THE ACTIVE 1,228
PRACTICE OF OPTOMETRY IN THE OTHER STATE OR COUNTRY AND EVIDENCE 1,229
THAT THE APPLICANT'S LICENSE TO PRACTICE IN THE OTHER STATE OR 1,230
COUNTRY IS IN GOOD STANDING. 1,231
(C) THE BOARD SHALL APPROVE AN APPLICATION FOR 1,233
REINSTATEMENT IF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THIS 1,235
SECTION ARE MET. AN OPTOMETRIST WHO RECEIVES REINSTATEMENT IS 1,237
SUBJECT TO THE CONTINUING EDUCATION REQUIREMENTS SPECIFIED UNDER 1,238
SECTION 4725.16 OF THE REVISED CODE FOR THE YEAR IN WHICH
REINSTATEMENT OCCURS. 1,239
Sec. 4725.34. (A) The state board of optometry shall 1,249
charge the following nonrefundable fees:
(1) One hundred ten dollars for application for a 1,251
certificate of licensure; 1,252
(2) Twenty-five dollars for application for a therapeutic 1,254
pharmaceutical agents certificate, except when the certificate is 1,255
to be issued pursuant to division (A)(3) of section 4725.13 of 1,256
the Revised Code, in which case the fee shall be thirty-five 1,257
dollars;
(3) One hundred ten dollars for renewal of a certificate 1,259
of licensure; 1,260
(4) Twenty-five dollars for renewal of a topical ocular 1,262
pharmaceutical agents certificate; 1,263
(5) Twenty-five dollars for renewal of a therapeutic 1,265
pharmaceutical agents certificate; 1,266
(6) Seventy-five dollars for late completion of continuing 1,268
30
optometric education; 1,269
(7) SEVENTY-FIVE DOLLARS FOR LATE RENEWAL OF ONE OR MORE 1,271
CERTIFICATES THAT HAVE EXPIRED; 1,272
(8) Seventy-five dollars for reinstatement of one or more 1,275
certificates classified as delinquent under section 4725.16 of
the Revised Code, multiplied by the number of years the one or 1,277
more certificates have been classified as delinquent;
(8)(9) Seventy-five dollars for reinstatement of one or 1,280
more certificates placed on inactive status under section 4725.17
of the Revised Code; 1,282
(9)(10) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT UNDER 1,284
SECTION 4725.171 OF THE REVISED CODE OF ONE OR MORE EXPIRED 1,286
CERTIFICATES;
(11) Additional fees to cover administrative costs 1,288
incurred by the board, including fees for replacing licenses 1,289
issued by the board and providing rosters of currently licensed 1,290
optometrists. Such fees shall be established at a regular 1,291
meeting of the board and shall comply with any applicable 1,292
guidelines or policies set by the department of administrative 1,293
services or the office of budget and management. 1,294
(B) The board, subject to the approval of the controlling 1,297
board, may establish fees in excess of the amounts specified in 1,298
division (A) of this section if the fees do not exceed the 1,300
amounts specified by more than fifty per cent. 1,301
(C) All receipts of the board, from any source, shall be 1,303
deposited in the state treasury to the credit of the occupational 1,304
licensing and regulatory fund. 1,305
Sec. 4729.07. An individual desiring to be licensed as a 1,315
pharmacist shall file with the executive director of the state 1,316
board of pharmacy a verified application giving such information 1,317
as the board requires, and appear before the board to. AN 1,318
APPLICATION FILED UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT 1,320
THE APPROVAL OF THE BOARD.
EACH APPLICANT SHALL take an examination to determine 1,324
31
fitness to practice pharmacy. Examinations of those applying for 1,325
licensure as pharmacists shall be held at such times, during each 1,327
year, and at such places as the board determines. The board may 1,328
make use of all or any part of the licensure examination of the 1,329
national association of boards of pharmacy or any other national 1,330
standardized pharmacy examination that it considers appropriate 1,331
to perform its duties under this section. The board may require 1,332
applicants for licensure by examination to purchase the 1,333
examination and any related materials from the organization 1,334
providing it.
Sec. 4729.11. The state board of pharmacy shall establish 1,343
a pharmacy internship program for the purpose of providing the 1,344
practical experience necessary to practice as a pharmacist. Any 1,345
individual who desires to become a pharmacy intern shall apply 1,347
for licensure to the board, and. AN APPLICATION FILED UNDER THIS 1,348
SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF THE BOARD. 1,350
EACH APPLICANT shall be issued an identification card and 1,353
license as a pharmacy intern if in the opinion of the board the 1,355
applicant is actively pursuing an educational program in 1,356
preparation for licensure as a pharmacist and meets the other 1,358
requirements as determined by the board. An identification card 1,359
and license shall be valid until the next annual renewal date and 1,362
shall be renewed only if the intern is meeting the requirements
and rules of the board. 1,363
The state board of pharmacy may appoint a director of 1,365
pharmacy internship who is a licensed pharmacist and who is not 1,366
directly or indirectly connected with a school or college of 1,368
pharmacy or department of pharmacy of a university. The director 1,369
of pharmacy internship shall be responsible to the board for the 1,371
operation and direction of the pharmacy internship program 1,372
established by the board under this section, and for such other 1,373
duties as the board may assign. 1,374
Sec. 4729.12. An identification card issued by the state 1,383
board of pharmacy under section 4729.08 of the Revised Code 1,384
32
entitles the individual to whom it is issued to practice as a 1,386
pharmacist or as a pharmacy intern in this state until the next 1,388
annual renewal date.
Identification cards shall be renewed annually on the 1,390
fifteenth day of September, according to the standard renewal 1,391
procedure of Chapter 4745. of the Revised Code. 1,393
Each pharmacist and pharmacy intern shall carry the 1,395
identification card or renewal identification card while engaged 1,397
in the practice of pharmacy. The license shall be conspicuously 1,398
exposed at the principal place where the pharmacist or pharmacy 1,400
intern practices pharmacy. 1,401
A pharmacist or pharmacy intern who desires to continue in 1,404
the practice of pharmacy shall file with the board an application 1,407
in such form and containing such data as the board may require 1,408
for renewal of an identification card. AN APPLICATION FILED 1,409
UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF 1,410
THE BOARD. If the board finds that the applicant's card has not 1,412
been revoked or placed under suspension and that the applicant 1,414
has paid the renewal fee, has continued pharmacy education in 1,416
accordance with the rules of the board, and is entitled to 1,417
continue in the practice of pharmacy, the board shall issue a 1,418
renewal identification card to the applicant.
When an identification card has lapsed for more than sixty 1,420
days but application is made within three years after the 1,421
expiration of the card, the applicant shall be issued a renewal 1,422
identification card without further examination if the applicant 1,424
meets the requirements of this section and pays the fee 1,425
designated under division (E) of section 4729.15 of the Revised 1,426
Code.
Sec. 4729.16. (A) The state board of pharmacy, after 1,435
notice and hearing in accordance with Chapter 119. of the Revised 1,437
Code, may revoke, suspend, LIMIT, place on probation, or refuse 1,438
to grant or renew an identification card, or may impose a
monetary penalty or forfeiture not to exceed in severity any fine 1,440
33
designated under the Revised Code for a similar offense, or in 1,442
the case of a violation of a section of the Revised Code that 1,443
does not bear a penalty, a monetary penalty or forfeiture of not 1,445
more than five hundred dollars, if the board finds a pharmacist 1,446
or pharmacy intern:
(1) Guilty of a felony or gross immorality; 1,448
(2) Guilty of dishonesty or unprofessional conduct in the 1,450
practice of pharmacy; 1,451
(3) Addicted to or abusing liquor or drugs or impaired 1,453
physically or mentally to such a degree as to render the 1,454
pharmacist or pharmacy intern unfit to practice pharmacy; 1,456
(4) Has been convicted of a misdemeanor related to, or 1,458
committed in, the practice of pharmacy; 1,459
(5) Guilty of willfully violating, conspiring to violate, 1,461
attempting to violate, or aiding and abetting the violation of 1,462
any of the provisions of this chapter, sections 3715.52 to 1,463
3715.72 of the Revised Code, or Chapter 2925. or 3719. of the 1,465
Revised Code, OR ANY RULE ADOPTED BY THE BOARD UNDER THOSE 1,466
PROVISIONS;
(6) Guilty of permitting anyone other than a pharmacist or 1,468
pharmacy intern to practice pharmacy; 1,469
(7) Guilty of knowingly lending the pharmacist's or 1,471
pharmacy intern's name to an illegal practitioner of pharmacy or 1,473
having professional connection with an illegal practitioner of 1,474
pharmacy;
(8) Guilty of dividing or agreeing to divide remuneration 1,476
made in the practice of pharmacy with any other individual, 1,477
including, but not limited to, any licensed health professional 1,479
authorized to prescribe drugs or any owner, manager, or employee 1,480
of a health care facility, residential care facility, or nursing 1,481
home;
(9) Has violated the terms of a consult agreement entered 1,483
into pursuant to section 4729.39 of the Revised Code; 1,484
(10) HAS COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION 1,486
34
IN APPLYING FOR OR SECURING A LICENSE OR IDENTIFICATION CARD 1,487
ISSUED BY THE BOARD UNDER THIS CHAPTER OR UNDER CHAPTER 3715. OR 1,488
3719. OF THE REVISED CODE. 1,489
(B) Any individual whose identification card is revoked, 1,491
suspended, or refused, shall return the identification card and 1,493
license to the offices of the state board of pharmacy within ten 1,496
days after receipt of notice of such action.
(C) As used in this section: 1,498
"Unprofessional conduct in the practice of pharmacy" 1,500
includes any of the following: 1,501
(1) Advertising or displaying signs that promote dangerous 1,503
drugs to the public in a manner that is false or misleading; 1,504
(2) Except as provided in section 4729.281 of the Revised 1,506
Code, the sale of any drug for which a prescription is required, 1,507
without having received a prescription for the drug; 1,509
(3) Willfully and knowingly filling prescriptions or 1,511
selling drugs for KNOWINGLY DISPENSING MEDICATION PURSUANT TO 1,512
false or forged prescriptions; 1,513
(4) Willfully and knowingly KNOWINGLY failing to maintain 1,515
complete and accurate records of all controlled substances 1,517
DANGEROUS DRUGS received or dispensed in compliance with federal 1,519
laws and regulations and state laws and rules; 1,520
(5) Obtaining any remuneration by fraud, 1,522
misrepresentation, or deception; 1,523
(6) Obtaining or attempting to obtain a license issued 1,525
under this chapter or Chapter 3715. of the Revised Code from the 1,527
state board of pharmacy by fraud, misrepresentation, or 1,528
deception.
(D) THE BOARD MAY SUSPEND A LICENSE OR IDENTIFICATION CARD 1,530
UNDER DIVISION (B) OF SECTION 3719.121 OF THE REVISED CODE BY 1,532
UTILIZING A TELEPHONE CONFERENCE CALL TO REVIEW THE ALLEGATIONS 1,533
AND TAKE A VOTE. 1,534
(E) IF, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF 1,537
THE REVISED CODE, THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT 1,538
35
A PHARMACIST OR PHARMACY INTERN IS PHYSICALLY OR MENTALLY 1,539
IMPAIRED, THE BOARD MAY REQUIRE THE PHARMACIST OR PHARMACY INTERN 1,540
TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION, OR BOTH. 1,542
Sec. 4729.19. NOTWITHSTANDING DIVISION (B)(4) OF SECTION 1,544
2317.02 OF THE REVISED CODE, A PHARMACIST SHALL COOPERATE WITH 1,546
FEDERAL, STATE, AND LOCAL GOVERNMENT INVESTIGATIONS AND SHALL 1,547
DIVULGE ALL RELEVANT INFORMATION WHEN REQUESTED BY A GOVERNMENT 1,548
AGENCY.
Sec. 4729.39. (A) A pharmacist may enter into a consult 1,558
agreement with a physician authorized under Chapter 4731. of the 1,560
Revised Code to practice medicine and surgery or osteopathic 1,562
medicine and surgery. Under a consult agreement, a pharmacist is
authorized to manage an individual's drug therapy, but only to 1,563
the extent specified in the agreement by the individual's 1,564
physician and to the extent specified in, this section, and the 1,565
rules adopted under this section. 1,566
(B) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,569
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,570
INDIVIDUAL WHO IS NOT A PATIENT OF A HOSPITAL, AS DEFINED IN 1,571
SECTION 3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM 1,573
CARE FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,574
(1) A separate consult agreement must be entered into for 1,576
each individual whose drug therapy is to be managed by a 1,578
pharmacist. A consult agreement applies only to the particular 1,579
diagnosis for which a physician prescribed an individual's drug 1,580
therapy. If a different diagnosis is made for the individual, 1,581
the pharmacist and physician must enter into a new or additional
consult agreement. 1,582
(2) Management of an individual's drug therapy by a 1,584
pharmacist under a consult agreement may include monitoring and 1,585
modifying a prescription that has been issued for the individual. 1,587
Except as provided in section 4729.38 of the Revised Code for the 1,589
selection of generically equivalent drugs, management of an 1,590
individual's drug therapy by a pharmacist under a consult 1,591
36
agreement shall not include dispensing a drug that has not been 1,592
prescribed by the physician. 1,593
(3) Each consult agreement shall be in writing, except 1,595
that a consult agreement may be entered into verbally if it is 1,596
immediately reduced to writing. A 1,597
(4) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT SHALL 1,600
SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS 1,601
AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL SPECIFIED 1,602
IN THE AGREEMENT. 1,603
(5) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT MAY 1,606
SPECIFY ONE OTHER PHYSICIAN WHO HAS AGREED TO SERVE AS AN 1,607
ALTERNATE PHYSICIAN IN THE EVENT THAT THE PRIMARY PHYSICIAN IS 1,608
UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHARMACIST. THE 1,609
PHARMACIST MAY SPECIFY ONE OTHER PHARMACIST WHO HAS AGREED TO 1,610
SERVE AS AN ALTERNATE PHARMACIST IN THE EVENT THAT THE PRIMARY 1,611
PHARMACIST IS UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHYSICIAN. 1,612
(6) A consult agreement may not be implemented until it 1,615
has been signed by the PRIMARY pharmacist, the PRIMARY physician, 1,616
and the individual whose drug therapy will be managed or another 1,618
person who has the authority to provide consent to treatment on 1,619
behalf of the individual. The physician shall specify in the 1,620
agreement the extent to which the pharmacist is authorized to 1,621
manage the drug therapy of the individual specified in the 1,622
agreement. The ONCE THE AGREEMENT IS SIGNED BY ALL REQUIRED 1,623
PARTIES, THE physician shall include in the individual's medical 1,624
record the fact that a consult agreement has been entered into 1,625
with a pharmacist. 1,626
(7) Prior to commencing any action to manage an 1,628
individual's drug therapy under a consult agreement, the 1,629
pharmacist shall make reasonable attempts to contact and confer 1,630
with the physician who entered into the consult agreement with 1,631
the pharmacist. A pharmacist may commence an action to manage an 1,633
individual's drug therapy prior to conferring with the physician 1,634
OR THE PHYSICIAN'S ALTERNATE, but shall immediately cease the
37
action that was commenced if the pharmacist has not conferred 1,636
with the EITHER physician within forty-eight hours. 1,638
A pharmacist acting under a consult agreement shall 1,640
maintain a record of each action taken to manage an individual's 1,641
drug therapy. The pharmacist shall send to the individual's 1,643
physician a written report of all actions taken to manage the 1,644
individual's drug therapy at intervals the physician shall
specify when entering into the agreement. The physician shall 1,645
include the pharmacist's report in the medical records the 1,647
physician maintains for the individual. 1,648
(8) A consult agreement may be terminated by either the 1,650
pharmacist or physician who entered into the agreement. By 1,652
withdrawing consent, the individual whose drug therapy is being 1,653
managed or the individual who consented to the treatment on 1,654
behalf of the individual may terminate a consult agreement. The 1,655
pharmacist or physician who receives the individual's withdrawal 1,656
of consent shall provide written notice to the opposite party. A
pharmacist or physician who terminates a consult agreement shall 1,657
provide written notice to the opposite party and to the 1,658
individual who consented to treatment under the agreement. The 1,659
termination of a consult agreement shall be recorded by the 1,661
pharmacist and physician in the records they maintain on the
individual being treated. 1,662
The (9) EXCEPT AS DESCRIBED IN DIVISION (B)(5) OF THIS 1,665
SECTION, THE authority of a pharmacist to manage an individual's
drug therapy under a consult agreement does not permit the 1,666
pharmacist to manage drug therapy prescribed by any other 1,667
physician or to manage an individual's drug therapy. 1,668
(C) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,671
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,672
INDIVIDUAL WHO IS A PATIENT OF A HOSPITAL, AS DEFINED IN SECTION 1,673
3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM CARE 1,675
FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,676
(1) BEFORE A CONSULT AGREEMENT MAY BE ENTERED INTO AND 1,678
38
IMPLEMENTED, A HOSPITAL OR LONG-TERM CARE FACILITY SHALL ADOPT A 1,680
POLICY FOR CONSULT AGREEMENTS. FOR ANY PERIOD OF TIME DURING 1,681
WHICH A PHARMACIST OR PHYSICIAN ACTING UNDER A CONSULT AGREEMENT 1,682
IS NOT PHYSICALLY PRESENT AND AVAILABLE AT THE HOSPITAL OR 1,683
FACILITY, THE POLICY SHALL REQUIRE THAT ANOTHER PHARMACIST AND 1,684
PHYSICIAN BE AVAILABLE AT THE HOSPITAL OR FACILITY. 1,685
(2) THE CONSULT AGREEMENT SHALL BE MADE IN WRITING AND 1,687
SHALL COMPLY WITH THE HOSPITAL'S OR FACILITY'S POLICY ON CONSULT 1,688
AGREEMENTS. 1,689
(3) THE CONTENT OF THE CONSULT AGREEMENT SHALL BE 1,691
COMMUNICATED TO THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED 1,692
IN A MANNER CONSISTENT WITH THE HOSPITAL'S OR FACILITY'S POLICY 1,694
ON CONSULT AGREEMENTS.
(4) A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL 1,697
MAINTAIN IN THE INDIVIDUAL'S MEDICAL RECORD A RECORD OF EACH
ACTION TAKEN UNDER THE AGREEMENT. 1,698
(5) COMMUNICATION BETWEEN A PHARMACIST AND PHYSICIAN 1,700
ACTING UNDER THE CONSULT AGREEMENT SHALL TAKE PLACE AT REGULAR 1,701
INTERVALS SPECIFIED BY THE PRIMARY PHYSICIAN ACTING UNDER THE 1,702
AGREEMENT. 1,703
(6) A CONSULT AGREEMENT MAY BE TERMINATED BY THE 1,705
INDIVIDUAL, A PERSON AUTHORIZED TO ACT ON BEHALF OF THE 1,706
INDIVIDUAL, THE PRIMARY PHYSICIAN ACTING UNDER THE AGREEMENT, OR 1,707
THE PRIMARY PHARMACIST ACTING UNDER THE AGREEMENT. WHEN A 1,708
CONSULT AGREEMENT IS TERMINATED, ALL PARTIES TO THE AGREEMENT 1,709
SHALL BE NOTIFIED AND THE TERMINATION SHALL BE RECORDED IN THE 1,710
INDIVIDUAL'S MEDICAL RECORD. 1,711
(7) THE AUTHORITY OF A PHARMACIST ACTING UNDER A CONSULT 1,714
AGREEMENT DOES NOT PERMIT THE PHARMACIST TO ACT UNDER THE
AGREEMENT in a hospital or health LONG-TERM care facility at 1,717
which the pharmacist is not authorized to practice. 1,719
(B)(D) The state board of pharmacy, in consultation with 1,722
the state medical board, shall adopt rules to be followed by 1,723
pharmacists, and the state medical board, in consultation with 1,724
39
the state board of pharmacy, shall adopt rules to be followed by
physicians, that establish standards and procedures for entering 1,726
into a consult agreement and managing an individual's drug 1,727
therapy under a consult agreement. The boards shall specify in 1,728
the rules any categories of drugs or types of diseases for which 1,729
a consult agreement may not be established. Either board may 1,730
adopt any other rules it considers necessary for the 1,731
implementation and administration of this section. All rules 1,732
adopted under this division shall be adopted in accordance with 1,733
Chapter 119. of the Revised Code. 1,736
Sec. 4729.55. No license shall be issued to an applicant 1,745
for licensure as a terminal distributor of dangerous drugs unless 1,746
the applicant has furnished satisfactory proof to the STATE board 1,747
of pharmacy that: 1,748
(A) The applicant is equipped as to land, buildings, and 1,750
equipment to properly carry on the business of a terminal 1,751
distributor of dangerous drugs within the category of licensure 1,752
approved by the board. 1,753
(B) A pharmacist, licensed health professional authorized 1,756
to prescribe drugs, animal shelter licensed with the state board 1,757
of pharmacy under section 4729.531 of the Revised Code, or a 1,758
laboratory as defined in section 3719.01 of the Revised Code will 1,760
maintain supervision and control over the possession and custody 1,762
of dangerous drugs that may be acquired by or on behalf of the 1,763
applicant.
(C) Adequate safeguards are assured to prevent the sale or 1,765
other distribution of dangerous drugs by any person other than a 1,766
pharmacist or licensed health professional authorized to 1,769
prescribe drugs.
(D) ADEQUATE SAFEGUARDS ARE ASSURED THAT THE APPLICANT 1,771
WILL CARRY ON THE BUSINESS OF A TERMINAL DISTRIBUTOR OF DANGEROUS 1,772
DRUGS IN A MANNER THAT ALLOWS PHARMACISTS AND PHARMACY INTERNS 1,773
EMPLOYED BY THE TERMINAL DISTRIBUTOR TO PRACTICE PHARMACY IN A 1,774
SAFE AND EFFECTIVE MANNER. 1,775
40
(E) If the applicant, or any agent or employee of the 1,777
applicant, has been found guilty of violating section 4729.51 of 1,778
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 1,779
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse 1,780
control laws, Chapter 2925., 3715., 3719., or 4729. of the 1,783
Revised Code, or any rule of the board, adequate safeguards are 1,784
assured to prevent the recurrence of the violation.
(E)(F) In the case of an applicant who is a food processor 1,786
or retail seller of food, the applicant will maintain supervision 1,788
and control over the possession and custody of nitrous oxide. 1,789
(F)(G) In the case of an applicant who is a retail seller 1,791
of oxygen in original packages labeled as required by the 1,792
"Federal Food, Drug, and Cosmetic Act," the applicant will 1,793
maintain supervision and control over the possession, custody, 1,794
and retail sale of the oxygen. 1,795
(G)(H) If the application is made on behalf of an animal 1,797
shelter, at least one of the agents or employees of the animal 1,799
shelter is certified in compliance with section 4729.532 of the 1,800
Revised Code.
(H)(I) In the case of an applicant who is a retail seller 1,802
of peritoneal dialysis solutions in original packages labeled as 1,803
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1,805
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain 1,806
supervision and control over the possession, custody, and retail 1,808
sale of the peritoneal dialysis solutions.
Section 2. That existing sections 121.22, 2317.02, 1,810
3705.05, 3705.25, 3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 1,811
4729.07, 4729.11, 4729.12, 4729.16, 4729.39, and 4729.55 of the 1,812
Revised Code are hereby repealed. 1,813
Section 3. That the version of section 121.22 of the 1,815
Revised Code that is scheduled to take effect December 24, 2000, 1,816
be amended to read as follows: 1,817
Sec. 121.22. (A) This section shall be liberally 1,826
construed to require public officials to take official action and 1,827
41
to conduct all deliberations upon official business only in open 1,828
meetings unless the subject matter is specifically excepted by 1,829
law. 1,830
(B) As used in this section: 1,832
(1) "Public body" means any of the following: 1,834
(a) Any board, commission, committee, council, or similar 1,836
decision-making body of a state agency, institution, or 1,837
authority, and any legislative authority or board, commission, 1,838
committee, council, agency, authority, or similar decision-making 1,840
body of any county, township, municipal corporation, school 1,841
district, or other political subdivision or local public 1,842
institution;
(b) Any committee or subcommittee of a body described in 1,844
division (B)(1)(a) of this section; 1,845
(c) A court of jurisdiction of a sanitary district 1,847
organized wholly for the purpose of providing a water supply for 1,848
domestic, municipal, and public use when meeting for the purpose 1,850
of the appointment, removal, or reappointment of a member of the 1,851
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 1,852
related to such a district other than litigation involving the 1,853
district. As used in division (B)(1)(c) of this section, "court 1,854
of jurisdiction" has the same meaning as "court" in section 1,855
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 1,857
public business of the public body by a majority of its members. 1,858
(3) "Regulated individual" means either of the following: 1,860
(a) A student in a state or local public educational 1,862
institution; 1,863
(b) A person who is, voluntarily or involuntarily, an 1,865
inmate, patient, or resident of a state or local institution 1,866
because of criminal behavior, mental illness or retardation, 1,867
disease, disability, age, or other condition requiring custodial 1,868
care. 1,869
42
(C) All meetings of any public body are declared to be 1,871
public meetings open to the public at all times. A member of a 1,872
public body shall be present in person at a meeting open to the 1,874
public to be considered present or to vote at the meeting and for 1,875
purposes of determining whether a quorum is present at the 1,876
meeting. 1,877
The minutes of a regular or special meeting of any public 1,880
body shall be promptly prepared, filed, and maintained and shall 1,881
be open to public inspection. The minutes need only reflect the 1,882
general subject matter of discussions in executive sessions 1,883
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following: 1,885
(1) A grand jury; 1,887
(2) An audit conference conducted by the auditor of state 1,889
or independent certified public accountants with officials of the 1,891
public office that is the subject of the audit; 1,892
(3) The adult parole authority when its hearings are 1,895
conducted at a correctional institution for the sole purpose of 1,896
interviewing inmates to determine parole or pardon; 1,897
(4) The organized crime investigations commission 1,899
established under section 177.01 of the Revised Code; 1,900
(5) Meetings of a child fatality review board established 1,902
under section 307.621 of the Revised Code and meetings conducted 1,903
pursuant to sections 5153.171 to 5153.173 of the Revised Code; 1,904
(6) The state medical board when determining whether to 1,906
suspend a certificate without a prior hearing pursuant to 1,907
division (G) of either section 4730.25 or 4731.22 of the Revised 1,909
Code;
(7) The board of nursing when determining whether to 1,912
suspend a license or certificate without a prior hearing pursuant 1,914
to division (B) of section 4723.281 of the Revised Code; 1,915
(8) THE STATE BOARD OF PHARMACY WHEN DETERMINING WHETHER 1,917
TO SUSPEND A LICENSE WITHOUT A PRIOR HEARING PURSUANT TO DIVISION 1,918
(D) OF SECTION 4729.16 OF THE REVISED CODE; 1,919
43
(9) The executive committee of the emergency response 1,921
commission when determining whether to issue an enforcement order 1,922
or request that a civil action, civil penalty action, or criminal 1,923
action be brought to enforce Chapter 3750. of the Revised Code. 1,924
(E) The controlling board, the development financing 1,926
advisory council, the industrial technology and enterprise 1,927
advisory council, the tax credit authority, or the minority 1,929
development financing advisory board, when meeting to consider 1,930
granting assistance pursuant to Chapter 122. or 166. of the 1,931
Revised Code, in order to protect the interest of the applicant 1,932
or the possible investment of public funds, by unanimous vote of 1,933
all board, council, or authority members present, may close the 1,935
meeting during consideration of the following information 1,937
confidentially received by the authority, council, or board from 1,938
the applicant: 1,940
(1) Marketing plans; 1,942
(2) Specific business strategy; 1,944
(3) Production techniques and trade secrets; 1,946
(4) Financial projections; 1,948
(5) Personal financial statements of the applicant or 1,950
members of the applicant's immediate family, including, but not 1,951
limited to, tax records or other similar information not open to 1,953
public inspection. 1,954
The vote by the authority, council, or board to accept or 1,958
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 1,961
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 1,963
reasonable method whereby any person may determine the time and 1,964
place of all regularly scheduled meetings and the time, place, 1,965
and purpose of all special meetings. A public body shall not 1,966
hold a special meeting unless it gives at least twenty-four 1,967
hours' advance notice to the news media that have requested 1,968
notification, except in the event of an emergency requiring 1,969
44
immediate official action. In the event of an emergency, the 1,970
member or members calling the meeting shall notify the news media 1,971
that have requested notification immediately of the time, place, 1,972
and purpose of the meeting. 1,973
The rule shall provide that any person, upon request and 1,976
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 1,977
business is to be discussed. Provisions for advance notification 1,978
may include, but are not limited to, mailing the agenda of 1,979
meetings to all subscribers on a mailing list or mailing notices 1,980
in self-addressed, stamped envelopes provided by the person. 1,981
(G) Except as provided in division (J) of this section, 1,984
the members of a public body may hold an executive session only 1,985
after a majority of a quorum of the public body determines, by a 1,986
roll call vote, to hold an executive session and only at a 1,988
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 1,989
(1) To consider the appointment, employment, dismissal, 1,991
discipline, promotion, demotion, or compensation of a public 1,992
employee or official, or the investigation of charges or 1,993
complaints against a public employee, official, licensee, or 1,994
regulated individual, unless the public employee, official, 1,995
licensee, or regulated individual requests a public hearing. 1,996
Except as otherwise provided by law, no public body shall hold an 1,997
executive session for the discipline of an elected official for 1,998
conduct related to the performance of the elected official's 1,999
official duties or for the elected official's removal from 2,001
office. If a public body holds an executive session pursuant to 2,003
division (G)(1) of this section, the motion and vote to hold that 2,004
executive session shall state which one or more of the approved 2,005
purposes listed in division (G)(1) of this section are the 2,006
purposes for which the executive session is to be held, but need 2,007
not include the name of any person to be considered at the 2,008
meeting.
45
(2) To consider the purchase of property for public 2,010
purposes, or for the sale of property at competitive bidding, if 2,011
premature disclosure of information would give an unfair 2,012
competitive or bargaining advantage to a person whose personal, 2,013
private interest is adverse to the general public interest. No 2,014
member of a public body shall use division (G)(2) of this section 2,016
as a subterfuge for providing covert information to prospective 2,018
buyers or sellers. A purchase or sale of public property is void 2,019
if the seller or buyer of the public property has received covert 2,020
information from a member of a public body that has not been 2,021
disclosed to the general public in sufficient time for other 2,022
prospective buyers and sellers to prepare and submit offers. 2,023
If the minutes of the public body show that all meetings 2,025
and deliberations of the public body have been conducted in 2,026
compliance with this section, any instrument executed by the 2,027
public body purporting to convey, lease, or otherwise dispose of 2,028
any right, title, or interest in any public property shall be 2,029
conclusively presumed to have been executed in compliance with 2,030
this section insofar as title or other interest of any bona fide 2,031
purchasers, lessees, or transferees of the property is concerned. 2,032
(3) Conferences with an attorney for the public body 2,034
concerning disputes involving the public body that are the 2,035
subject of pending or imminent court action; 2,036
(4) Preparing for, conducting, or reviewing negotiations 2,038
or bargaining sessions with public employees concerning their 2,039
compensation or other terms and conditions of their employment; 2,040
(5) Matters required to be kept confidential by federal 2,042
law or regulations or state statutes; 2,043
(6) Specialized details of security arrangements if 2,045
disclosure of the matters discussed might reveal information that 2,046
could be used for the purpose of committing, or avoiding 2,047
prosecution for, a violation of the law; 2,048
(7) In the case of a county hospital operated pursuant to 2,050
Chapter 339. of the Revised Code, to consider trade secrets, as 2,052
46
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 2,054
of the matters listed in divisions (G)(2) to (7) of this section, 2,056
the motion and vote to hold that executive session shall state 2,057
which one or more of the approved matters listed in those 2,058
divisions are to be considered at the executive session. 2,059
A public body specified in division (B)(1)(c) of this 2,062
section shall not hold an executive session when meeting for the
purposes specified in that division. 2,063
(H) A resolution, rule, or formal action of any kind is 2,065
invalid unless adopted in an open meeting of the public body. A 2,066
resolution, rule, or formal action adopted in an open meeting 2,067
that results from deliberations in a meeting not open to the 2,068
public is invalid unless the deliberations were for a purpose 2,069
specifically authorized in division (G) or (J) of this section 2,070
and conducted at an executive session held in compliance with 2,071
this section. A resolution, rule, or formal action adopted in an 2,072
open meeting is invalid if the public body that adopted the 2,073
resolution, rule, or formal action violated division (F) of this 2,074
section. 2,075
(I)(1) Any person may bring an action to enforce this 2,077
section. An action under division (I)(1) of this section shall 2,079
be brought within two years after the date of the alleged 2,080
violation or threatened violation. Upon proof of a violation or 2,081
threatened violation of this section in an action brought by any 2,082
person, the court of common pleas shall issue an injunction to 2,083
compel the members of the public body to comply with its 2,084
provisions. 2,085
(2)(a) If the court of common pleas issues an injunction 2,087
pursuant to division (I)(1) of this section, the court shall 2,088
order the public body that it enjoins to pay a civil forfeiture 2,089
of five hundred dollars to the party that sought the injunction 2,090
and shall award to that party all court costs and, subject to 2,091
reduction as described in division (I)(2) of this section, 2,093
47
reasonable attorney's fees. The court, in its discretion, may 2,094
reduce an award of attorney's fees to the party that sought the 2,095
injunction or not award attorney's fees to that party if the 2,096
court determines both of the following: 2,097
(i) That, based on the ordinary application of statutory 2,099
law and case law as it existed at the time of violation or 2,100
threatened violation that was the basis of the injunction, a 2,101
well-informed public body reasonably would believe that the 2,102
public body was not violating or threatening to violate this 2,103
section; 2,104
(ii) That a well-informed public body reasonably would 2,106
believe that the conduct or threatened conduct that was the basis 2,107
of the injunction would serve the public policy that underlies 2,108
the authority that is asserted as permitting that conduct or 2,109
threatened conduct. 2,110
(b) If the court of common pleas does not issue an 2,112
injunction pursuant to division (I)(1) of this section and the 2,113
court determines at that time that the bringing of the action was 2,114
frivolous conduct, as defined in division (A) of section 2323.51 2,115
of the Revised Code, the court shall award to the public body all 2,116
court costs and reasonable attorney's fees, as determined by the 2,117
court. 2,118
(3) Irreparable harm and prejudice to the party that 2,120
sought the injunction shall be conclusively and irrebuttably 2,121
presumed upon proof of a violation or threatened violation of 2,122
this section. 2,123
(4) A member of a public body who knowingly violates an 2,125
injunction issued pursuant to division (I)(1) of this section may 2,126
be removed from office by an action brought in the court of 2,127
common pleas for that purpose by the prosecuting attorney or the 2,128
attorney general. 2,129
(J)(1) Pursuant to division (C) of section 5901.09 of the 2,131
Revised Code, a veterans service commission shall hold an 2,132
executive session for one or more of the following purposes 2,133
48
unless an applicant requests a public hearing: 2,134
(a) Interviewing an applicant for financial assistance 2,136
under sections 5901.01 to 5901.15 of the Revised Code; 2,137
(b) Discussing applications, statements, and other 2,139
documents described in division (B) of section 5901.09 of the 2,140
Revised Code; 2,141
(c) Reviewing matters relating to an applicant's request 2,143
for financial assistance under sections 5901.01 to 5901.15 of the 2,144
Revised Code.
(2) A veterans service commission shall not exclude an 2,146
applicant for, recipient of, or former recipient of financial 2,147
assistance under sections 5901.01 to 5901.15 of the Revised Code, 2,148
and shall not exclude representatives selected by the applicant, 2,150
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 2,151
applicant's, recipient's, or former recipient's application for 2,152
financial assistance.
(3) A veterans service commission shall vote on the grant 2,154
or denial of financial assistance under sections 5901.01 to 2,155
5901.15 of the Revised Code only in an open meeting of the 2,157
commission. The minutes of the meeting shall indicate the name, 2,158
address, and occupation of the applicant, whether the assistance 2,159
was granted or denied, the amount of the assistance if assistance 2,160
is granted, and the votes for and against the granting of 2,161
assistance.
Section 4. That the existing version of section 121.22 of 2,163
the Revised Code that is scheduled to take effect December 24, 2,164
2000, is hereby repealed. 2,165
Section 5. Sections 3 and 4 of this act shall take effect 2,167
December 24, 2000. 2,168