As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 248 5
1999-2000 6
SENATOR DRAKE 8
_________________________________________________________________ 10
A B I L L
To amend section 4729.01 and to enact section 12
4729.41 of the Revised Code to permit a 13
pharmacist who has completed a course in drug 14
administration approved by the State Board of
Pharmacy to administer drugs. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 4729.01 be amended and section 19
4729.41 of the Revised Code be enacted as follows: 20
Sec. 4729.01. As used in this chapter: 29
(A) "Pharmacy," except when used in a context that refers 31
to the practice of pharmacy, means any area, room, rooms, place 32
of business, department, or portion of any of the foregoing where 34
the practice of pharmacy is conducted. 36
(B) "Practice of pharmacy" means providing pharmacist care 38
requiring specialized knowledge, judgment, and skill derived from 40
the principles of biological, chemical, behavioral, social, 41
pharmaceutical, and clinical sciences. As used in this division, 42
"pharmacist care" includes the following:
(1) Interpreting prescriptions; 44
(2) Compounding or dispensing drugs and dispensing drug 46
therapy related devices; 47
(3) Counseling individuals with regard to their drug 49
therapy, recommending drug therapy related devices, and assisting 51
in the selection of drugs and appliances for treatment of common 52
diseases and injuries and providing instruction in the proper use 54
of the drugs and appliances;
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(4) Performing drug regimen reviews with individuals by 57
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs; 58
(5) Performing drug utilization reviews with licensed 60
health professionals authorized to prescribe drugs when the 61
pharmacist determines that an individual with a prescription has 62
a drug regimen that warrants additional discussion with the 63
prescriber; 64
(6) Advising an individual and the health care 66
professionals treating an individual with regard to the 67
individual's drug therapy; 68
(7) Acting pursuant to a consult agreement with a 70
physician authorized under Chapter 4731. of the Revised Code to 74
practice medicine and surgery or osteopathic medicine and 75
surgery, if an agreement has been established with the physician; 76
(8) IF A PHARMACIST LICENSED UNDER THIS CHAPTER HAS MET 78
THE REQUIREMENTS OF SECTION 4729.41 OF THE REVISED CODE, 79
ADMINISTERING DRUGS PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL 80
AUTHORIZED TO PRESCRIBE DRUGS. 81
(C) "Compounding" means the preparation, mixing, 84
assembling, packaging, and labeling of one or more drugs in any 85
of the following circumstances: 86
(1) Pursuant to a prescription issued by a licensed health 89
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in 91
accordance with a consult agreement; 92
(3) As an incident to research, teaching activities, or 95
chemical analysis;
(4) In anticipation of prescription drug orders based on 98
routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an 100
individual's drug therapy that has been entered into by a 102
pharmacist and a physician authorized under Chapter 4731. of the 103
Revised Code to practice medicine and surgery or osteopathic 106
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medicine and surgery.
(E) "Drug" means: 108
(1) Any article recognized in the United States 110
pharmacopoeia and national formulary, or any supplement to them, 112
intended for use in the diagnosis, cure, mitigation, treatment, 113
or prevention of disease in humans or animals; 114
(2) Any other article intended for use in the diagnosis, 116
cure, mitigation, treatment, or prevention of disease in humans 118
or animals;
(3) Any article, other than food, intended to affect the 120
structure or any function of the body of humans or animals; 122
(4) Any article intended for use as a component of any 124
article specified in division (C)(1), (2), or (3) of this 125
section; but does not include devices or their components, parts, 126
or accessories. 127
(F) "Dangerous drug" means any of the following: 129
(1) Any drug to which either of the following applies: 131
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 134
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 135
required to bear a label containing the legend "Caution: Federal 137
law prohibits dispensing without prescription" or "Caution: 138
Federal law restricts this drug to use by or on the order of a 139
licensed veterinarian" or any similar restrictive statement, or 140
the drug may be dispensed only upon a prescription; 141
(b) Under Chapter 3715. or 3719. of the Revised Code, the 143
drug may be dispensed only upon a prescription. 144
(2) Any drug that contains a schedule V controlled 146
substance and that is exempt from Chapter 3719. of the Revised 147
Code or to which that chapter does not apply; 148
(3) Any drug intended for administration by injection into 150
the human body other than through a natural orifice of the human 151
body. 152
(G) "Federal drug abuse control laws" has the same meaning 154
as in section 3719.01 of the Revised Code. 155
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(H) "Prescription" means a written, electronic, or oral 160
order for drugs or combinations or mixtures of drugs to be used 161
by a particular individual or for treating a particular animal, 162
issued by a licensed health professional authorized to prescribe 165
drugs.
(I) "Licensed health professional authorized to prescribe 168
drugs" or "prescriber" means an individual who is authorized by 170
law to prescribe drugs or dangerous drugs or drug therapy related 174
devices in the course of the individual's professional practice, 175
including only the following: 176
(1) A dentist licensed under Chapter 4715. of the Revised 179
Code;
(2) An advanced practice nurse approved under section 182
4723.56 of the Revised Code to prescribe drugs and therapeutic 183
devices; 184
(3) An optometrist licensed under Chapter 4725. of the 187
Revised Code to practice optometry under a therapeutic 190
pharmaceutical agents certificate;
(4) A physician authorized under Chapter 4731. of the 193
Revised Code to practice medicine and surgery, osteopathic 196
medicine and surgery, or podiatry;
(5) A veterinarian licensed under Chapter 4741. of the 198
Revised Code. 199
(J) "Sale" and "sell" include delivery, transfer, barter, 201
exchange, or gift, or offer therefor, and each such transaction 202
made by any person, whether as principal proprietor, agent, or 203
employee. 204
(K) "Wholesale sale" and "sale at wholesale" mean any sale 206
in which the purpose of the purchaser is to resell the article 207
purchased or received by the purchaser. 208
(L) "Retail sale" and "sale at retail" mean any sale other 210
than a wholesale sale or sale at wholesale. 211
(M) "Retail seller" means any person that sells any 213
dangerous drug to consumers without assuming control over and 214
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responsibility for its administration. Mere advice or 215
instructions regarding administration do not constitute control 216
or establish responsibility. 217
(N) "Price information" means the price charged for a 219
prescription for a particular drug product and, in an easily 220
understandable manner, all of the following: 221
(1) The proprietary name of the drug product; 223
(2) The established (generic) name of the drug product; 225
(3) The strength of the drug product if the product 227
contains a single active ingredient or if the drug product 228
contains more than one active ingredient and a relevant strength 229
can be associated with the product without indicating each active 230
ingredient. The established name and quantity of each active 231
ingredient are required if such a relevant strength cannot be so 232
associated with a drug product containing more than one 233
ingredient. 234
(4) The dosage form; 236
(5) The price charged for a specific quantity of the drug 238
product. The stated price shall include all charges to the 239
consumer, including, but not limited to, the cost of the drug 240
product, professional fees, handling fees, if any, and a 241
statement identifying professional services routinely furnished 242
by the pharmacy. Any mailing fees and delivery fees may be 243
stated separately without repetition. The information shall not 244
be false or misleading. 245
(O) "Wholesale distributor of dangerous drugs" means a 247
person engaged in the sale of dangerous drugs at wholesale and 248
includes any agent or employee of such a person authorized by the 250
person to engage in the sale of dangerous drugs at wholesale. 251
(P) "Manufacturer of dangerous drugs" means a person, 253
other than a pharmacist, who manufactures dangerous drugs and who 254
is engaged in the sale of those dangerous drugs within this 255
state. 256
(Q) "Terminal distributor of dangerous drugs" means a 258
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person who is engaged in the sale of dangerous drugs at retail, 260
or any person, other than a wholesale distributor or a 261
pharmacist, who has possession, custody, or control of dangerous 263
drugs for any purpose other than for that person's own use and 265
consumption, and includes pharmacies, hospitals, nursing homes, 266
and laboratories and all other persons who procure dangerous 267
drugs for sale or other distribution by or under the supervision 268
of a pharmacist or licensed health professional authorized to 269
prescribe drugs.
(R) "Promote to the public" means disseminating a 271
representation to the public in any manner or by any means, other 272
than by labeling, for the purpose of inducing, or that is likely 273
to induce, directly or indirectly, the purchase of a dangerous 274
drug at retail. 275
(S) "Person" includes any individual, partnership, 277
association, limited liability company, or corporation, the 278
state, any political subdivision of the state, and any district, 279
department, or agency of the state or its political subdivisions. 280
(T) "Finished dosage form" has the same meaning as in 282
section 3715.01 of the Revised Code. 283
(U) "Generically equivalent drug" has the same meaning as 285
in section 3715.01 of the Revised Code. 286
(V) "Animal shelter" means a facility operated by a humane 288
society or any society organized under Chapter 1717. of the 289
Revised Code or a dog pound operated pursuant to Chapter 955. of 290
the Revised Code. 291
(W) "Food" has the same meaning as in section 3715.01 of 294
the Revised Code.
(X) "ADMINISTER" HAS THE SAME MEANING AS IN SECTION 296
3719.01 OF THE REVISED CODE. 297
Sec. 4729.41. A PHARMACIST LICENSED UNDER THIS CHAPTER WHO 299
HAS SUCCESSFULLY COMPLETED A COURSE APPROVED BY THE STATE BOARD 300
OF PHARMACY IN ADMINISTRATION OF DRUGS MAY ADMINISTER DRUGS 301
PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 302
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PRESCRIBE DRUGS. PROOF OF SUCCESSFULLY COMPLETING THE COURSE 303
SHALL BE MAINTAINED BY THE PHARMACIST AT THE PHARMACIST'S PLACE 304
OF EMPLOYMENT, SUBJECT TO INSPECTION BY THE BOARD OR THE BOARD'S 305
DESIGNEE.
THE BOARD SHALL APPROVE COURSES FOR THE PURPOSES OF THIS 307
SECTION.
Section 2. That existing section 4729.01 of the Revised 309
Code is hereby repealed. 310