REPRESENTATIVES Faber, McGregor, Seitz, J. Stewart, Allen, Redfern, Wagner, D. Stewart, Distel, Barrett, Beatty, Carano, Chandler, Cirelli, DeBose, C. Evans, D. Evans, Gilb, Grendell, Hartnett, Hughes, Jolivette, Latta, Otterman, S. Patton, Reidelbach, Schlichter, Schmidt, Seaver, Setzer, Strahorn, Willamowski, Yates, Young

To amend section 4729.51 of the Revised Code to allow

1

the sale of oxygen to an individual who holds a

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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 distributiondistributors of	37
dangerous drugdrugs 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
approved by the pharmacy board in rule, but only with respect to	51
medical oxygen that will be used for the purpose of emergency care	52
or treatment at the scene of a diving emergency.	53

(2) No registered wholesale distributor of dangerous drugs	54
shall possess dangerous drugs for sale at wholesale, or sell such	55
drugs at wholesale, to a licensed terminal distributor of	56
dangerous drugs, except to:	57

(a) A terminal distributor who has a category I license, only	58
dangerous drugs described in category I, as defined in division	59
(A)(1) of section 4729.54 of the Revised Code;	60

(b) A terminal distributor who has a category II license,	61
only dangerous drugs described in category I and category II, as	62
defined in divisions (A)(1) and (2) of section 4729.54 of the	63
Revised Code;	64

(c) A terminal distributor who has a category III license,	65
dangerous drugs described in category I, category II, and category	66
III, as defined in divisions (A)(1), (2), and (3) of section	67
4729.54 of the Revised Code;	68

(d) A terminal distributor who has a limited category I, II,	69
or III license, only the dangerous drugs specified in the	70
certificate furnished by the terminal distributor in accordance	71
with section 4729.60 of the Revised Code.	72

(C)(1) Except as provided in division (C)(4) of this section,	73
no person shall sell, at retail, dangerous drugs.	74

(2) Except as provided in division (C)(4) of this section, no	75
person shall possess for sale, at retail, dangerous drugs.	76

(3) Except as provided in division (C)(4) of this section, no	77
person shall possess dangerous drugs.	78

(4) Divisions (C)(1), (2), and (3) of this section do not	79
apply to a registered wholesale distributor of dangerous drugs, a	80
licensed terminal distributor of dangerous drugs, or a person who	81
possesses, or possesses for sale or sells, at retail, a dangerous	82
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	83
4729., 4731., and 4741. of the Revised Code.	84

Divisions (C)(1), (2), and (3) of this section do not apply	85
to an individual who holds a current license, certificate, or	86
registration issued under Title XLVII of the Revised Code and has	87
been certified to conduct diabetes education by a national	88
certifying body specified in rules adopted by the state board of	89
pharmacy under section 4729.68 of the Revised Code, but only to	90
the extent that the individual possesses insulin or personally	91
supplies insulin solely for the purpose of diabetes education and	92
only if diabetes education is within the individual's scope of	93
practice under statutes and rules regulating the individual's	94
profession.	95

Divisions (C)(1), (2), and (3) of this section do not apply	96
to an individual who holds a valid certificate issued by a	97
nationally recognized S.C.U.B.A. diving certifying organization	98
approved by the pharmacy board in rule, but only to the extent	99
that the individual possesses medical oxygen or personally	100
supplies medical oxygen for the purpose of emergency care or	101
treatment at the scene of a diving emergency.	102

(D) No licensed terminal distributor of dangerous drugs shall	103
purchase for the purpose of resale dangerous drugs from any person	104
other than a registered wholesale distributor of dangerous drugs,	105
except as follows:	106

(1) A licensed terminal distributor of dangerous drugs may	107
make occasional purchases of dangerous drugs for resale from a	108
pharmacist who is a licensed terminal distributor of dangerous	109
drugs or who is employed by a licensed terminal distributor of	110
dangerous drugs;	111

(2) A licensed terminal distributor of dangerous drugs having	112
more than one establishment or place may transfer or receive	113
dangerous drugs from one establishment or place for which a	114
license has been issued to the terminal distributor to another	115
establishment or place for which a license has been issued to the	116
terminal distributor if the license issued for each establishment	117
or place is in effect at the time of the transfer or receipt.	118

(E) No licensed terminal distributor of dangerous drugs shall	119
engage in the sale or other distribution of dangerous drugs at	120
retail or maintain possession, custody, or control of dangerous	121
drugs for any purpose other than the distributor's personal use or	122
consumption, at any establishment or place other than that or	123
those described in the license issued by the board of pharmacy to	124
such terminal distributor.	125

(F) Nothing in this section shall be construed to interfere	126
with the performance of official duties by any law enforcement	127
official authorized by municipal, county, state, or federal law to	128
collect samples of any drug, regardless of its nature or in whose	129
possession it may be.	130

Section 2. That existing section 4729.51 of the Revised Code	131
is hereby repealed.	132