H. B. No. 64 As Introduced

Representatives Faber, McGregor, Seitz, J. Stewart, Allen, Redfern, Wagner

A BILL

To amend section 4729.51 of the Revised Code to allow 1
the sale of oxygen to an individual who holds a 2
valid certificate from a nationally recognized 3
S.C.U.B.A. diving school. 4

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

       Section 1. That section 4729.51 of the Revised Code be 5
amended to read as follows: 6

       Sec. 4729.51. (A) No person other than a registered 7
wholesale distributor of dangerous drugs shall possess for sale, 8
sell, distribute, or deliver, at wholesale, dangerous drugs, 9
except as follows: 10

       (1) A pharmacist who is a licensed terminal distributor of 11
dangerous drugs or who is employed by a licensed terminal 12
distributor of dangerous drugs may make occasional sales of 13
dangerous drugs at wholesale; 14

       (2) A licensed terminal distributor of dangerous drugs having 15
more than one establishment or place may transfer or deliver 16
dangerous drugs from one establishment or place for which a 17
license has been issued to the terminal distributor to another 18
establishment or place for which a license has been issued to the 19
terminal distributor if the license issued for each establishment 20
or place is in effect at the time of the transfer or delivery. 21

       (B)(1) No registered wholesale distributor of dangerous drugs 22
shall possess for sale, or sell, at wholesale, dangerous drugs to 23
any person other than the following: 24

       (a) A licensed health professional authorized to prescribe 25
drugs; 26

       (b) An optometrist licensed under Chapter 4725. of the 27
Revised Code who holds a topical ocular pharmaceutical agents 28
certificate; 29

       (c) A registered wholesale distributor of dangerous ~~drug~~ 30
drugs; 31

       (d) A manufacturer of dangerous drugs; 32

       (e) A licensed terminal distributor of dangerous drugs, 33
subject to division (B)(2) of this section; 34

       (f) Carriers or warehousers for the purpose of carriage or 35
storage; 36

       (g) Terminal or wholesale ~~distribution~~distributors of 37
dangerous ~~drug~~drugs who are not engaged in the sale of dangerous 38
drugs within this state; 39

       (h) An individual who holds a current license, certificate, 40
or registration issued under Title 47 of the Revised Code and has 41
been certified to conduct diabetes education by a national 42
certifying body specified in rules adopted by the state board of 43
pharmacy under section 4729.68 of the Revised Code, but only with 44
respect to insulin that will be used for the purpose of diabetes 45
education and only if diabetes education is within the 46
individual's scope of practice under statutes and rules regulating 47
the individual's profession; 48

       (i) An individual who holds a valid certificate issued by a 49
nationally recognized S.C.U.B.A. diving certifying organization, 50
but only with respect to oxygen that will be used for the purpose 51
of emergency care or treatment at the scene of an emergency. 52

       (2) No registered wholesale distributor of dangerous drugs 53
shall possess dangerous drugs for sale at wholesale, or sell such 54
drugs at wholesale, to a licensed terminal distributor of 55
dangerous drugs, except to: 56

       (a) A terminal distributor who has a category I license, only 57
dangerous drugs described in category I, as defined in division 58
(A)(1) of section 4729.54 of the Revised Code; 59

       (b) A terminal distributor who has a category II license, 60
only dangerous drugs described in category I and category II, as 61
defined in divisions (A)(1) and (2) of section 4729.54 of the 62
Revised Code; 63

       (c) A terminal distributor who has a category III license, 64
dangerous drugs described in category I, category II, and category 65
III, as defined in divisions (A)(1), (2), and (3) of section 66
4729.54 of the Revised Code; 67

       (d) A terminal distributor who has a limited category I, II, 68
or III license, only the dangerous drugs specified in the 69
certificate furnished by the terminal distributor in accordance 70
with section 4729.60 of the Revised Code. 71

       (C)(1) Except as provided in division (C)(4) of this section, 72
no person shall sell, at retail, dangerous drugs. 73

       (2) Except as provided in division (C)(4) of this section, no 74
person shall possess for sale, at retail, dangerous drugs. 75

       (3) Except as provided in division (C)(4) of this section, no 76
person shall possess dangerous drugs. 77

       (4) Divisions (C)(1), (2), and (3) of this section do not 78
apply to a registered wholesale distributor of dangerous drugs, a 79
licensed terminal distributor of dangerous drugs, or a person who 80
possesses, or possesses for sale or sells, at retail, a dangerous 81
drug in accordance with Chapters 3719., 4715., 4723., 4725., 82
4729., 4731., and 4741. of the Revised Code. 83

       Divisions (C)(1), (2), and (3) of this section do not apply 84
to an individual who holds a current license, certificate, or 85
registration issued under Title XLVII of the Revised Code and has 86
been certified to conduct diabetes education by a national 87
certifying body specified in rules adopted by the state board of 88
pharmacy under section 4729.68 of the Revised Code, but only to 89
the extent that the individual possesses insulin or personally 90
supplies insulin solely for the purpose of diabetes education and 91
only if diabetes education is within the individual's scope of 92
practice under statutes and rules regulating the individual's 93
profession. 94

       Divisions (C)(1), (2), and (3) of this section do not apply 95
to an individual who holds a valid certificate issued by a 96
nationally recognized S.C.U.B.A. diving certifying organization, 97
but only to the extent that the individual possesses oxygen or 98
personally supplies oxygen for the purpose of emergency care or 99
treatment at the scene of an emergency. 100

       (D) No licensed terminal distributor of dangerous drugs shall 101
purchase for the purpose of resale dangerous drugs from any person 102
other than a registered wholesale distributor of dangerous drugs, 103
except as follows: 104

       (1) A licensed terminal distributor of dangerous drugs may 105
make occasional purchases of dangerous drugs for resale from a 106
pharmacist who is a licensed terminal distributor of dangerous 107
drugs or who is employed by a licensed terminal distributor of 108
dangerous drugs; 109

       (2) A licensed terminal distributor of dangerous drugs having 110
more than one establishment or place may transfer or receive 111
dangerous drugs from one establishment or place for which a 112
license has been issued to the terminal distributor to another 113
establishment or place for which a license has been issued to the 114
terminal distributor if the license issued for each establishment 115
or place is in effect at the time of the transfer or receipt. 116

       (E) No licensed terminal distributor of dangerous drugs shall 117
engage in the sale or other distribution of dangerous drugs at 118
retail or maintain possession, custody, or control of dangerous 119
drugs for any purpose other than the distributor's personal use or 120
consumption, at any establishment or place other than that or 121
those described in the license issued by the board of pharmacy to 122
such terminal distributor. 123

       (F) Nothing in this section shall be construed to interfere 124
with the performance of official duties by any law enforcement 125
official authorized by municipal, county, state, or federal law to 126
collect samples of any drug, regardless of its nature or in whose 127
possession it may be. 128

       Section 2. That existing section 4729.51 of the Revised Code 129
is hereby repealed. 130

Section 1. That section 4729.51 of the Revised Code be	5
amended to read as follows:	6

Sec. 4729.51. (A) No person other than a registered	7
wholesale distributor of dangerous drugs shall possess for sale,	8
sell, distribute, or deliver, at wholesale, dangerous drugs,	9
except as follows:	10

(1) A pharmacist who is a licensed terminal distributor of	11
dangerous drugs or who is employed by a licensed terminal	12
distributor of dangerous drugs may make occasional sales of	13
dangerous drugs at wholesale;	14

(2) A licensed terminal distributor of dangerous drugs having	15
more than one establishment or place may transfer or deliver	16
dangerous drugs from one establishment or place for which a	17
license has been issued to the terminal distributor to another	18
establishment or place for which a license has been issued to the	19
terminal distributor if the license issued for each establishment	20
or place is in effect at the time of the transfer or delivery.	21

(B)(1) No registered wholesale distributor of dangerous drugs	22
shall possess for sale, or sell, at wholesale, dangerous drugs to	23
any person other than the following:	24

(a) A licensed health professional authorized to prescribe	25
drugs;	26

(b) An optometrist licensed under Chapter 4725. of the	27
Revised Code who holds a topical ocular pharmaceutical agents	28
certificate;	29

(c) A registered wholesale distributor of dangerous ~~drug~~	30
drugs;	31

(e) A licensed terminal distributor of dangerous drugs,	33
subject to division (B)(2) of this section;	34

(f) Carriers or warehousers for the purpose of carriage or	35
storage;	36

(g) Terminal or wholesale ~~distribution~~distributors of	37
dangerous ~~drug~~drugs who are not engaged in the sale of dangerous	38
drugs within this state;	39

(h) An individual who holds a current license, certificate,	40
or registration issued under Title 47 of the Revised Code and has	41
been certified to conduct diabetes education by a national	42
certifying body specified in rules adopted by the state board of	43
pharmacy under section 4729.68 of the Revised Code, but only with	44
respect to insulin that will be used for the purpose of diabetes	45
education and only if diabetes education is within the	46
individual's scope of practice under statutes and rules regulating	47
the individual's profession;	48

(i) An individual who holds a valid certificate issued by a	49
nationally recognized S.C.U.B.A. diving certifying organization,	50
but only with respect to oxygen that will be used for the purpose	51
of emergency care or treatment at the scene of an emergency.	52

(2) No registered wholesale distributor of dangerous drugs	53
shall possess dangerous drugs for sale at wholesale, or sell such	54
drugs at wholesale, to a licensed terminal distributor of	55
dangerous drugs, except to:	56

(a) A terminal distributor who has a category I license, only	57
dangerous drugs described in category I, as defined in division	58
(A)(1) of section 4729.54 of the Revised Code;	59

(b) A terminal distributor who has a category II license,	60
only dangerous drugs described in category I and category II, as	61
defined in divisions (A)(1) and (2) of section 4729.54 of the	62
Revised Code;	63

(c) A terminal distributor who has a category III license,	64
dangerous drugs described in category I, category II, and category	65
III, as defined in divisions (A)(1), (2), and (3) of section	66
4729.54 of the Revised Code;	67

(d) A terminal distributor who has a limited category I, II,	68
or III license, only the dangerous drugs specified in the	69
certificate furnished by the terminal distributor in accordance	70
with section 4729.60 of the Revised Code.	71

(C)(1) Except as provided in division (C)(4) of this section,	72
no person shall sell, at retail, dangerous drugs.	73

(2) Except as provided in division (C)(4) of this section, no	74
person shall possess for sale, at retail, dangerous drugs.	75

(3) Except as provided in division (C)(4) of this section, no	76
person shall possess dangerous drugs.	77

(4) Divisions (C)(1), (2), and (3) of this section do not	78
apply to a registered wholesale distributor of dangerous drugs, a	79
licensed terminal distributor of dangerous drugs, or a person who	80
possesses, or possesses for sale or sells, at retail, a dangerous	81
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	82
4729., 4731., and 4741. of the Revised Code.	83

Divisions (C)(1), (2), and (3) of this section do not apply	84
to an individual who holds a current license, certificate, or	85
registration issued under Title XLVII of the Revised Code and has	86
been certified to conduct diabetes education by a national	87
certifying body specified in rules adopted by the state board of	88
pharmacy under section 4729.68 of the Revised Code, but only to	89
the extent that the individual possesses insulin or personally	90
supplies insulin solely for the purpose of diabetes education and	91
only if diabetes education is within the individual's scope of	92
practice under statutes and rules regulating the individual's	93
profession.	94

Divisions (C)(1), (2), and (3) of this section do not apply	95
to an individual who holds a valid certificate issued by a	96
nationally recognized S.C.U.B.A. diving certifying organization,	97
but only to the extent that the individual possesses oxygen or	98
personally supplies oxygen for the purpose of emergency care or	99
treatment at the scene of an emergency.	100

(D) No licensed terminal distributor of dangerous drugs shall	101
purchase for the purpose of resale dangerous drugs from any person	102
other than a registered wholesale distributor of dangerous drugs,	103
except as follows:	104

(1) A licensed terminal distributor of dangerous drugs may	105
make occasional purchases of dangerous drugs for resale from a	106
pharmacist who is a licensed terminal distributor of dangerous	107
drugs or who is employed by a licensed terminal distributor of	108
dangerous drugs;	109

(E) No licensed terminal distributor of dangerous drugs shall	117
engage in the sale or other distribution of dangerous drugs at	118
retail or maintain possession, custody, or control of dangerous	119
drugs for any purpose other than the distributor's personal use or	120
consumption, at any establishment or place other than that or	121
those described in the license issued by the board of pharmacy to	122
such terminal distributor.	123

(F) Nothing in this section shall be construed to interfere	124
with the performance of official duties by any law enforcement	125
official authorized by municipal, county, state, or federal law to	126
collect samples of any drug, regardless of its nature or in whose	127
possession it may be.	128

Section 2. That existing section 4729.51 of the Revised Code	129
is hereby repealed.	130