REPRESENTATIVES Jolivette, Kearns, Aslanides, Barnes, Beatty, Cirelli, Gilb, Kilbane, D. Miller, R. Miller, Patton, Raga, Schneider, Seitz, S. Smith, Sullivan, Williams, Roman, Rhine, Strahorn, White, Latta, Callender, Hoops, Buehrer, Cates, Schmidt, Allen, Otterman, Coates, Hagan, Latell, Flowers, Britton, Flannery, Jerse, Carmichael, Krupinski, Barrett, Fedor, Reidelbach, Redfern, Key, G. Smith, Sferra, Clancy, Niehaus, Metzger, Collier, Womer Benjamin, Lendrum, Widowfield, Jones, Salerno

To enact section 4729.70 of the Revised Code to

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establish requirements for certain vessels

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containing medical gases and to require the State

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Board of Pharmacy to establish a medical gases

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safety program.

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

Section 1. That section 4729.70 of the Revised Code be	6
enacted to read as follows:	7

Sec. 4729.70. (A) As used in this section, "cryogenic vessel"	8
means an insulated metal container in the form of a cylinder or	9
other design used to hold gases that have been liquefied by	10
extreme reductions in temperature.	11

(B) The state board of pharmacy shall establish and	12
implement a medical gases safety program to ensure that cryogenic	13
vessels containing medical gases meet the requirements of this	14
section and are properly handled. The program applies only to	15
cryogenic vessels that are portable and contain medical gases in	16
a volume intended for use in administering direct treatment to one	17
or more individuals. The program does not apply to cylinders or	18
containers of other designs that contain medical gases that are	19
only compressed.	20

(C) Each cryogenic vessel subject to this section shall meet	21
the following requirements:	22

(1) The vessel shall be properly labeled according to the	23
medical gas contained in the vessel.	24

(2) The vessel shall be color coded as follows:

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(a) Air - yellow;

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(b) Carbon dioxide - gray;

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(c) Cyclopropane - orange;

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(d) Helium - brown;

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(e) Nitrogen - black;

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(f) Nitrous oxide - blue;

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(g) Oxygen - green.

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The colors specified in this division shall not be used for	33
any medical gas other than those specified in this division.	34

(3) The color coding specified in division (C)(2) of this	35
section shall be applied to the vessel by doing either of the	36
following:	37

(a) Applying the appropriate color to the top six inches of	38
the body of the vessel;	39

(b) Affixing a wrap to the vessel that encircles the vessel	40
completely, has the identity of the contained gas printed	41
completely or continuously around the wrap, and uses the	42
appropriate color as the print or background for the identity of	43
the gas.	44

(4) The vessel shall not have previously contained a gas	45
that is not a medical gas.	46

(5) When the vessel is being reused for a medical gas other	47
than the medical gas it previously contained, new labeling and	48
color coding shall be applied to the vessel and all old labeling	49
and color coding shall be completely removed.	50

(6) The connector between the vessel and the valve through	51
which the medical gas is delivered shall be either of the	52
following:	53

(a) A threaded or socket connection that is silver brazed or	54
welded to the valve;	55

(b) A permanent and integral part of the valve.

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(D) No person shall remove a connector between a cryogenic	57
vessel subject to this section and the valve through which the	58
medical gas is delivered from the vessel, replace the connector	59
with another connector, or attach an adapter to the vessel or	60
connector unless the person meets standards established by the	61
board in rules adopted under this section. A person who violates	62
this division is guilty of tampering with drugs pursuant to	63
section 2925.24 of the Revised Code.	64

(E) All employees who are responsible for installing or	65
changing the cryogenic vessels subject to this section shall be	66
trained in the proper handling of medical gases and cryogenic	67
vessels, including training in understanding the labeling of the	68
vessels and recognizing the color coding required by this section.	69

(F) The board shall adopt rules to implement the medical	70
gases safety program established pursuant to this section. The	71
rules shall be adopted in accordance with Chapter 119. of the	72
Revised Code.	73

The board's rules shall specify standards and procedures to	74
be followed in ensuring that the individuals who modify existing	75
cryogenic vessels for purposes of bringing the vessels into	76
compliance with this section are qualified individuals. The	77
board's standards for being considered qualified shall include	78
requirements for knowledge in proper safety precautions concerning	79
medical gases, cryogenic vessels that contain medical gases, and	80
devices through which medical gases are delivered from cryogenic	81
vessels.	82