As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 154

Senator Wachtmann 

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A BILL

To amend sections 1.64, 1751.01, 2305.113, 2925.02,

1

2925.03, 2925.11, 2925.12, 2925.14, 2925.23,

2

2925.36, 3327.10, 3331.02, 3719.06, 3719.81,

3

4723.481, 4723.50, 4729.01, 4729.51, 4730.01,

4

4730.02, 4730.03, 4730.05, 4730.06, 4730.07,

5

4730.10, 4730.11, 4730.12, 4730.16, 4730.18,

6

4730.19, 4730.21, 4730.22, 4730.25, 4730.26,

7

4730.27, 4730.28, 4730.31, 4730.32, 4730.33,

8

4730.34, 4731.141, and 5903.12; to amend, for the

9

purpose of adopting new section numbers as

10

indicated in parentheses, sections 4730.11

11

(4730.12), 4730.12 (4730.14), and 4730.18

12

(4730.15); to enact new sections 4730.11, 4730.17,

13

and 4730.18 and sections 4730.08, 4730.081,

14

4730.09, 4730.091, 4730.13, 4730.20, 4730.38,

15

4730.39, 4730.40, 4730.401, and 4730.41 to

16

4730.52; and to repeal sections 4730.15 and

17

4730.17 of the Revised Code to revise the laws

18

regarding the practice of physician assistants,

19

including the establishment of physician-delegated

20

prescriptive authority, and to modify the

21

authority of advanced practice nurses to furnish

22

supplies of drugs to patients.

23

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

Section 1. That sections 1.64, 1751.01, 2305.113, 2925.02,	24
2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10,	25
3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51,	26
4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10,	27
4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22,	28
4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33,	29
4730.34, 4731.141, and 5903.12 be amended; sections 4730.11	30
(4730.12), 4730.12 (4730.14), and 4730.18 (4730.15) be amended for	31
the purpose of adopting new section numbers, as indicated in	32
parentheses; and new sections 4730.11, 4730.17, and 4730.18 and	33
sections 4730.08, 4730.081, 4730.09, 4730.091, 4730.13, 4730.20,	34
4730.38, 4730.39, 4730.40, 4730.401, 4730.41, 4730.42, 4730.43,	35
4730.44, 4730.45, 4730.46, 4730.47, 4730.48, 4730.49, 4730.50,	36
4730.51, and 4730.52 of the Revised Code be enacted to read as	37
follows:	38

Sec. 1.64. As used in the Revised Code:

39

(A) "Certified nurse-midwife" means a registered nurse who	40
holds a valid certificate of authority issued under Chapter 4723.	41
of the Revised Code that authorizes the practice of nursing as a	42
certified nurse-midwife in accordance with section 4723.43 of the	43
Revised Code and rules adopted by the board of nursing.	44

(B) "Certified nurse practitioner" means a registered nurse	45
who holds a valid certificate of authority issued under Chapter	46
4723. of the Revised Code that authorizes the practice of nursing	47
as a certified nurse practitioner in accordance with section	48
4723.43 of the Revised Code and rules adopted by the board of	49
nursing.	50

(C) "Clinical nurse specialist" means a registered nurse who	51
holds a valid certificate of authority issued under Chapter 4723.	52
of the Revised Code that authorizes the practice of nursing as a	53
clinical nurse specialist in accordance with section 4723.43 of	54
the Revised Code and rules adopted by the board of nursing.	55

(D) "Physician assistant" means an individual who holds a	56
valid certificate of authorityto practice issued under Chapter	57
4730. of the Revised Code authorizing the individual to provide	58
services as a physician assistant to patients under the	59
supervision, control, and direction of one or more physicians.	60

Sec. 1751.01.  As used in this chapter:

61

(A) "Basic health care services" means the following services	62
when medically necessary:	63

(1) Physician's services, except when such services are	64
supplemental under division (B) of this section;	65

(2) Inpatient hospital services;

66

(3) Outpatient medical services;

67

(4) Emergency health services;

68

(5) Urgent care services;

69

(6) Diagnostic laboratory services and diagnostic and	70
therapeutic radiologic services;	71

(7) Preventive health care services, including, but not	72
limited to, voluntary family planning services, infertility	73
services, periodic physical examinations, prenatal obstetrical	74
care, and well-child care.	75

"Basic health care services" does not include experimental	76
procedures.	77

A health insuring corporation shall not offer coverage for a	78
health care service, defined as a basic health care service by	79
this division, unless it offers coverage for all listed basic	80
health care services. However, this requirement does not apply to	81
the coverage of beneficiaries enrolled in Title XVIII of the	82
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	83
amended, pursuant to a medicare contract, or to the coverage of	84
beneficiaries enrolled in the federal employee health benefits	85
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	86
beneficiaries enrolled in Title XIX of the "Social Security Act,"	87
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the	88
medical assistance program or medicaid, provided by the department	89
of job and family services under Chapter 5111. of the Revised	90
Code, or to the coverage of beneficiaries under any federal health	91
care program regulated by a federal regulatory body, or to the	92
coverage of beneficiaries under any contract covering officers or	93
employees of the state that has been entered into by the	94
department of administrative services.	95

(B) "Supplemental health care services" means any health care	96
services other than basic health care services that a health	97
insuring corporation may offer, alone or in combination with	98
either basic health care services or other supplemental health	99
care services, and includes:	100

(1) Services of facilities for intermediate or long-term	101
care, or both;	102

(2) Dental care services;

103

(3) Vision care and optometric services including lenses and	104
frames;	105

(4) Podiatric care or foot care services;

106

(5) Mental health services including psychological services;

107

(6) Short-term outpatient evaluative and crisis-intervention	108
mental health services;	109

(7) Medical or psychological treatment and referral services	110
for alcohol and drug abuse or addiction;	111

(8) Home health services;

112

(9) Prescription drug services;

113

(10) Nursing services;

114

(11) Services of a dietitian licensed under Chapter 4759. of	115
the Revised Code;	116

(12) Physical therapy services;

117

(13) Chiropractic services;

118

(14) Any other category of services approved by the	119
superintendent of insurance.	120

(C) "Specialty health care services" means one of the	121
supplemental health care services listed in division (B)(1) to	122
(13) of this section, when provided by a health insuring	123
corporation on an outpatient-only basis and not in combination	124
with other supplemental health care services.	125

(D) "Closed panel plan" means a health care plan that	126
requires enrollees to use participating providers.	127

(E) "Compensation" means remuneration for the provision of	128
health care services, determined on other than a fee-for-service	129
or discounted-fee-for-service basis.	130

(F) "Contractual periodic prepayment" means the formula for	131
determining the premium rate for all subscribers of a health	132
insuring corporation.	133

(G) "Corporation" means a corporation formed under Chapter	134
1701. or 1702. of the Revised Code or the similar laws of another	135
state.	136

(H) "Emergency health services" means those health care	137
services that must be available on a seven-days-per-week,	138
twenty-four-hours-per-day basis in order to prevent jeopardy to an	139
enrollee's health status that would occur if such services were	140
not received as soon as possible, and includes, where appropriate,	141
provisions for transportation and indemnity payments or service	142
agreements for out-of-area coverage.	143

(I) "Enrollee" means any natural person who is entitled to	144
receive health care benefits provided by a health insuring	145
corporation.	146

(J) "Evidence of coverage" means any certificate, agreement,	147
policy, or contract issued to a subscriber that sets out the	148
coverage and other rights to which such person is entitled under a	149
health care plan.	150

(K) "Health care facility" means any facility, except a	151
health care practitioner's office, that provides preventive,	152
diagnostic, therapeutic, acute convalescent, rehabilitation,	153
mental health, mental retardation, intermediate care, or skilled	154
nursing services.	155

(L) "Health care services" means basic, supplemental, and	156
specialty health care services.	157

(M) "Health delivery network" means any group of providers or	158
health care facilities, or both, or any representative thereof,	159
that have entered into an agreement to offer health care services	160
in a panel rather than on an individual basis.	161

(N) "Health insuring corporation" means a corporation, as	162
defined in division (G) of this section, that, pursuant to a	163
policy, contract, certificate, or agreement, pays for, reimburses,	164
or provides, delivers, arranges for, or otherwise makes available,	165
basic health care services, supplemental health care services, or	166
specialty health care services, or a combination of basic health	167
care services and either supplemental health care services or	168
specialty health care services, through either an open panel plan	169
or a closed panel plan.	170

"Health insuring corporation" does not include a limited	171
liability company formed pursuant to Chapter 1705. of the Revised	172
Code, an insurer licensed under Title XXXIX of the Revised Code if	173
that insurer offers only open panel plans under which all	174
providers and health care facilities participating receive their	175
compensation directly from the insurer, a corporation formed by or	176
on behalf of a political subdivision or a department, office, or	177
institution of the state, or a public entity formed by or on	178
behalf of a board of county commissioners, a county board of	179
mental retardation and developmental disabilities, an alcohol and	180
drug addiction services board, a board of alcohol, drug addiction,	181
and mental health services, or a community mental health board, as	182
those terms are used in Chapters 340. and 5126. of the Revised	183
Code. Except as provided by division (D) of section 1751.02 of the	184
Revised Code, or as otherwise provided by law, no board,	185
commission, agency, or other entity under the control of a	186
political subdivision may accept insurance risk in providing for	187
health care services. However, nothing in this division shall be	188
construed as prohibiting such entities from purchasing the	189
services of a health insuring corporation or a third-party	190
administrator licensed under Chapter 3959. of the Revised Code.	191

(O) "Intermediary organization" means a health delivery	192
network or other entity that contracts with licensed health	193
insuring corporations or self-insured employers, or both, to	194
provide health care services, and that enters into contractual	195
arrangements with other entities for the provision of health care	196
services for the purpose of fulfilling the terms of its contracts	197
with the health insuring corporations and self-insured employers.	198

(P) "Intermediate care" means residential care above the	199
level of room and board for patients who require personal	200
assistance and health-related services, but who do not require	201
skilled nursing care.	202

(Q) "Medical record" means the personal information that	203
relates to an individual's physical or mental condition, medical	204
history, or medical treatment.	205

(R)(1) "Open panel plan" means a health care plan that	206
provides incentives for enrollees to use participating providers	207
and that also allows enrollees to use providers that are not	208
participating providers.	209

(2) No health insuring corporation may offer an open panel	210
plan, unless the health insuring corporation is also licensed as	211
an insurer under Title XXXIX of the Revised Code, the health	212
insuring corporation, on June 4, 1997, holds a certificate of	213
authority or license to operate under Chapter 1736. or 1740. of	214
the Revised Code, or an insurer licensed under Title XXXIX of the	215
Revised Code is responsible for the out-of-network risk as	216
evidenced by both an evidence of coverage filing under section	217
1751.11 of the Revised Code and a policy and certificate filing	218
under section 3923.02 of the Revised Code.	219

(S) "Panel" means a group of providers or health care	220
facilities that have joined together to deliver health care	221
services through a contractual arrangement with a health insuring	222
corporation, employer group, or other payor.	223

(T) "Person" has the same meaning as in section 1.59 of the	224
Revised Code, and, unless the context otherwise requires, includes	225
any insurance company holding a certificate of authority under	226
Title XXXIX of the Revised Code, any subsidiary and affiliate of	227
an insurance company, and any government agency.	228

(U) "Premium rate" means any set fee regularly paid by a	229
subscriber to a health insuring corporation. A "premium rate" does	230
not include a one-time membership fee, an annual administrative	231
fee, or a nominal access fee, paid to a managed health care system	232
under which the recipient of health care services remains solely	233
responsible for any charges accessed for those services by the	234
provider or health care facility.	235

(V) "Primary care provider" means a provider that is	236
designated by a health insuring corporation to supervise,	237
coordinate, or provide initial care or continuing care to an	238
enrollee, and that may be required by the health insuring	239
corporation to initiate a referral for specialty care and to	240
maintain supervision of the health care services rendered to the	241
enrollee.	242

(W) "Provider" means any natural person or partnership of	243
natural persons who are licensed, certified, accredited, or	244
otherwise authorized in this state to furnish health care	245
services, or any professional association organized under Chapter	246
1785. of the Revised Code, provided that nothing in this chapter	247
or other provisions of law shall be construed to preclude a health	248
insuring corporation, health care practitioner, or organized	249
health care group associated with a health insuring corporation	250
from employing certified nurse practitioners, certified nurse	251
anesthetists, clinical nurse specialists, certified nurse	252
midwives, dietitians, physicians'physician assistants, dental	253
assistants, dental hygienists, optometric technicians, or other	254
allied health personnel who are licensed, certified, accredited,	255
or otherwise authorized in this state to furnish health care	256
services.	257

(X) "Provider sponsored organization" means a corporation, as	258
defined in division (G) of this section, that is at least eighty	259
per cent owned or controlled by one or more hospitals, as defined	260
in section 3727.01 of the Revised Code, or one or more physicians	261
licensed to practice medicine or surgery or osteopathic medicine	262
and surgery under Chapter 4731. of the Revised Code, or any	263
combination of such physicians and hospitals. Such control is	264
presumed to exist if at least eighty per cent of the voting rights	265
or governance rights of a provider sponsored organization are	266
directly or indirectly owned, controlled, or otherwise held by any	267
combination of the physicians and hospitals described in this	268
division.	269

(Y) "Solicitation document" means the written materials	270
provided to prospective subscribers or enrollees, or both, and	271
used for advertising and marketing to induce enrollment in the	272
health care plans of a health insuring corporation.	273

(Z) "Subscriber" means a person who is responsible for making	274
payments to a health insuring corporation for participation in a	275
health care plan, or an enrollee whose employment or other status	276
is the basis of eligibility for enrollment in a health insuring	277
corporation.	278

(AA) "Urgent care services" means those health care services	279
that are appropriately provided for an unforeseen condition of a	280
kind that usually requires medical attention without delay but	281
that does not pose a threat to the life, limb, or permanent health	282
of the injured or ill person, and may include such health care	283
services provided out of the health insuring corporation's	284
approved service area pursuant to indemnity payments or service	285
agreements.	286

Sec. 2305.113. (A) Except as otherwise provided in this	287
section, an action upon a medical, dental, optometric, or	288
chiropractic claim shall be commenced within one year after the	289
cause of action accrued.	290

(B)(1) If prior to the expiration of the one-year period	291
specified in division (A) of this section, a claimant who	292
allegedly possesses a medical, dental, optometric, or chiropractic	293
claim gives to the person who is the subject of that claim written	294
notice that the claimant is considering bringing an action upon	295
that claim, that action may be commenced against the person	296
notified at any time within one hundred eighty days after the	297
notice is so given.	298

(2) An insurance company shall not consider the existence or	299
nonexistence of a written notice described in division (B)(1) of	300
this section in setting the liability insurance premium rates that	301
the company may charge the company's insured person who is	302
notified by that written notice.	303

(C) Except as to persons within the age of minority or of	304
unsound mind as provided by section 2305.16 of the Revised Code,	305
and except as provided in division (D) of this section, both of	306
the following apply:	307

(1) No action upon a medical, dental, optometric, or	308
chiropractic claim shall be commenced more than four years after	309
the occurrence of the act or omission constituting the alleged	310
basis of the medical, dental, optometric, or chiropractic claim.	311

(2) If an action upon a medical, dental, optometric, or	312
chiropractic claim is not commenced within four years after the	313
occurrence of the act or omission constituting the alleged basis	314
of the medical, dental, optometric, or chiropractic claim, then,	315
any action upon that claim is barred.	316

(D)(1) If a person making a medical claim, dental claim,	317
optometric claim, or chiropractic claim, in the exercise of	318
reasonable care and diligence, could not have discovered the	319
injury resulting from the act or omission constituting the alleged	320
basis of the claim within three years after the occurrence of the	321
act or omission, but, in the exercise of reasonable care and	322
diligence, discovers the injury resulting from that act or	323
omission before the expiration of the four-year period specified	324
in division (C)(1) of this section, the person may commence an	325
action upon the claim not later than one year after the person	326
discovers the injury resulting from that act or omission.	327

(2) If the alleged basis of a medical claim, dental claim,	328
optometric claim, or chiropractic claim is the occurrence of an	329
act or omission that involves a foreign object that is left in the	330
body of the person making the claim, the person may commence an	331
action upon the claim not later than one year after the person	332
discovered the foreign object or not later than one year after the	333
person, with reasonable care and diligence, should have discovered	334
the foreign object.	335

(3) A person who commences an action upon a medical claim,	336
dental claim, optometric claim, or chiropractic claim under the	337
circumstances described in division (D)(1) or (2) of this section	338
has the affirmative burden of proving, by clear and convincing	339
evidence, that the person, with reasonable care and diligence,	340
could not have discovered the injury resulting from the act or	341
omission constituting the alleged basis of the claim within the	342
three-year period described in division (D)(1) of this section or	343
within the one-year period described in division (D)(2) of this	344
section, whichever is applicable.	345

(E) As used in this section:

346

(1) "Hospital" includes any person, corporation, association,	347
board, or authority that is responsible for the operation of any	348
hospital licensed or registered in the state, including, but not	349
limited to, those that are owned or operated by the state,	350
political subdivisions, any person, any corporation, or any	351
combination of the state, political subdivisions, persons, and	352
corporations. "Hospital" also includes any person, corporation,	353
association, board, entity, or authority that is responsible for	354
the operation of any clinic that employs a full-time staff of	355
physicians practicing in more than one recognized medical	356
specialty and rendering advice, diagnosis, care, and treatment to	357
individuals. "Hospital" does not include any hospital operated by	358
the government of the United States or any of its branches.	359

(2) "Physician" means a person who is licensed to practice	360
medicine and surgery or osteopathic medicine and surgery by the	361
state medical board or a person who otherwise is authorized to	362
practice medicine and surgery or osteopathic medicine and surgery	363
in this state.	364

(3) "Medical claim" means any claim that is asserted in any	365
civil action against a physician, podiatrist, hospital, home, or	366
residential facility, against any employee or agent of a	367
physician, podiatrist, hospital, home, or residential facility, or	368
against a licensed practical nurse, registered nurse, advanced	369
practice nurse, physical therapist, physician assistant, emergency	370
medical technician-basic, emergency medical	371
technician-intermediate, or emergency medical	372
technician-paramedic, and that arises out of the medical	373
diagnosis, care, or treatment of any person. "Medical claim"	374
includes the following:	375

(a) Derivative claims for relief that arise from the medical	376
diagnosis, care, or treatment of a person;	377

(b) Claims that arise out of the medical diagnosis, care, or	378
treatment of any person and to which either of the following	379
applies:	380

(i) The claim results from acts or omissions in providing	381
medical care.	382

(ii) The claim results from the hiring, training,	383
supervision, retention, or termination of caregivers providing	384
medical diagnosis, care, or treatment.	385

(c) Claims that arise out of the medical diagnosis, care, or	386
treatment of any person and that are brought under section 3721.17	387
of the Revised Code.	388

(4) "Podiatrist" means any person who is licensed to practice	389
podiatric medicine and surgery by the state medical board.	390

(5) "Dentist" means any person who is licensed to practice	391
dentistry by the state dental board.	392

(6) "Dental claim" means any claim that is asserted in any	393
civil action against a dentist, or against any employee or agent	394
of a dentist, and that arises out of a dental operation or the	395
dental diagnosis, care, or treatment of any person. "Dental claim"	396
includes derivative claims for relief that arise from a dental	397
operation or the dental diagnosis, care, or treatment of a person.	398

(7) "Derivative claims for relief" include, but are not	399
limited to, claims of a parent, guardian, custodian, or spouse of	400
an individual who was the subject of any medical diagnosis, care,	401
or treatment, dental diagnosis, care, or treatment, dental	402
operation, optometric diagnosis, care, or treatment, or	403
chiropractic diagnosis, care, or treatment, that arise from that	404
diagnosis, care, treatment, or operation, and that seek the	405
recovery of damages for any of the following:	406

(a) Loss of society, consortium, companionship, care,	407
assistance, attention, protection, advice, guidance, counsel,	408
instruction, training, or education, or any other intangible loss	409
that was sustained by the parent, guardian, custodian, or spouse;	410

(b) Expenditures of the parent, guardian, custodian, or	411
spouse for medical, dental, optometric, or chiropractic care or	412
treatment, for rehabilitation services, or for other care,	413
treatment, services, products, or accommodations provided to the	414
individual who was the subject of the medical diagnosis, care, or	415
treatment, the dental diagnosis, care, or treatment, the dental	416
operation, the optometric diagnosis, care, or treatment, or the	417
chiropractic diagnosis, care, or treatment.	418

(8) "Registered nurse" means any person who is licensed to	419
practice nursing as a registered nurse by the board of nursing.	420

(9) "Chiropractic claim" means any claim that is asserted in	421
any civil action against a chiropractor, or against any employee	422
or agent of a chiropractor, and that arises out of the	423
chiropractic diagnosis, care, or treatment of any person.	424
"Chiropractic claim" includes derivative claims for relief that	425
arise from the chiropractic diagnosis, care, or treatment of a	426
person.	427

(10) "Chiropractor" means any person who is licensed to	428
practice chiropractic by the state chiropractic board.	429

(11) "Optometric claim" means any claim that is asserted in	430
any civil action against an optometrist, or against any employee	431
or agent of an optometrist, and that arises out of the optometric	432
diagnosis, care, or treatment of any person. "Optometric claim"	433
includes derivative claims for relief that arise from the	434
optometric diagnosis, care, or treatment of a person.	435

(12) "Optometrist" means any person licensed to practice	436
optometry by the state board of optometry.	437

(13) "Physical therapist" means any person who is licensed to	438
practice physical therapy under Chapter 4755. of the Revised Code.	439

(14) "Home" has the same meaning as in section 3721.10 of the	440
Revised Code.	441

(15) "Residential facility" means a facility licensed under	442
section 5123.19 of the Revised Code.	443

(16) "Advanced practice nurse" means any certified nurse	444
practitioner, clinical nurse specialist, certified registered	445
nurse anesthetist, or certified nurse-midwife who holds a	446
certificate of authority issued by the board of nursing under	447
Chapter 4723. of the Revised Code.	448

(17) "Licensed practical nurse" means any person who is	449
licensed to practice nursing as a licensed practical nurse by the	450
board of nursing pursuant to Chapter 4723. of the Revised Code.	451

(18) "Physician assistant" means any person who holds a valid	452
certificate of registration or temporary certificate of	453
registrationto practice issued pursuant to Chapter 4730. of the	454
Revised Code.	455

(19) "Emergency medical technician-basic," "emergency medical	456
technician-intermediate," and "emergency medical	457
technician-paramedic" means any person who is certified under	458
Chapter 4765. of the Revised Code as an emergency medical	459
technician-basic, emergency medical technician-intermediate, or	460
emergency medical technician-paramedic, whichever is applicable.	461

Sec. 2925.02.  (A) No person shall knowingly do any of the	462
following:	463

(1) By force, threat, or deception, administer to another or	464
induce or cause another to use a controlled substance;	465

(2) By any means, administer or furnish to another or induce	466
or cause another to use a controlled substance with purpose to	467
cause serious physical harm to the other person, or with purpose	468
to cause the other person to become drug dependent;	469

(3) By any means, administer or furnish to another or induce	470
or cause another to use a controlled substance, and thereby cause	471
serious physical harm to the other person, or cause the other	472
person to become drug dependent;	473

(4) By any means, do any of the following:

474

(a) Furnish or administer a controlled substance to a	475
juvenile who is at least two years the offender's junior, when the	476
offender knows the age of the juvenile or is reckless in that	477
regard;	478

(b) Induce or cause a juvenile who is at least two years the	479
offender's junior to use a controlled substance, when the offender	480
knows the age of the juvenile or is reckless in that regard;	481

(c) Induce or cause a juvenile who is at least two years the	482
offender's junior to commit a felony drug abuse offense, when the	483
offender knows the age of the juvenile or is reckless in that	484
regard;	485

(d) Use a juvenile, whether or not the offender knows the age	486
of the juvenile, to perform any surveillance activity that is	487
intended to prevent the detection of the offender or any other	488
person in the commission of a felony drug abuse offense or to	489
prevent the arrest of the offender or any other person for the	490
commission of a felony drug abuse offense.	491

(B) Division (A)(1), (3), or (4) of this section does not	492
apply to manufacturers, wholesalers, licensed health professionals	493
authorized to prescribe drugs, pharmacists, owners of pharmacies,	494
and other persons whose conduct is in accordance with Chapters	495
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	496
Code.	497

(C) Whoever violates this section is guilty of corrupting	498
another with drugs. The penalty for the offense shall be	499
determined as follows:	500

(1) Except as otherwise provided in this division, if the	501
drug involved is any compound, mixture, preparation, or substance	502
included in schedule I or II, with the exception of marihuana,	503
corrupting another with drugs is a felony of the second degree,	504
and, subject to division (E) of this section, the court shall	505
impose as a mandatory prison term one of the prison terms	506
prescribed for a felony of the second degree. If the drug involved	507
is any compound, mixture, preparation, or substance included in	508
schedule I or II, with the exception of marihuana, and if the	509
offense was committed in the vicinity of a school, corrupting	510
another with drugs is a felony of the first degree, and, subject	511
to division (E) of this section, the court shall impose as a	512
mandatory prison term one of the prison terms prescribed for a	513
felony of the first degree.	514

(2) Except as otherwise provided in this division, if the	515
drug involved is any compound, mixture, preparation, or substance	516
included in schedule III, IV, or V, corrupting another with drugs	517
is a felony of the second degree, and there is a presumption for a	518
prison term for the offense. If the drug involved is any compound,	519
mixture, preparation, or substance included in schedule III, IV,	520
or V and if the offense was committed in the vicinity of a school,	521
corrupting another with drugs is a felony of the second degree,	522
and the court shall impose as a mandatory prison term one of the	523
prison terms prescribed for a felony of the second degree.	524

(3) Except as otherwise provided in this division, if the	525
drug involved is marihuana, corrupting another with drugs is a	526
felony of the fourth degree, and division (C) of section 2929.13	527
of the Revised Code applies in determining whether to impose a	528
prison term on the offender. If the drug involved is marihuana and	529
if the offense was committed in the vicinity of a school,	530
corrupting another with drugs is a felony of the third degree, and	531
division (C) of section 2929.13 of the Revised Code applies in	532
determining whether to impose a prison term on the offender.	533

(D) In addition to any prison term authorized or required by	534
division (C) or (E) of this section and sections 2929.13 and	535
2929.14 of the Revised Code and in addition to any other sanction	536
imposed for the offense under this section or sections 2929.11 to	537
2929.18 of the Revised Code, the court that sentences an offender	538
who is convicted of or pleads guilty to a violation of division	539
(A) of this section or the clerk of that court shall do all of the	540
following that are applicable regarding the offender:	541

(1)(a) If the violation is a felony of the first, second, or	542
third degree, the court shall impose upon the offender the	543
mandatory fine specified for the offense under division (B)(1) of	544
section 2929.18 of the Revised Code unless, as specified in that	545
division, the court determines that the offender is indigent.	546

(b) Notwithstanding any contrary provision of section 3719.21	547
of the Revised Code, any mandatory fine imposed pursuant to	548
division (D)(1)(a) of this section and any fine imposed for a	549
violation of this section pursuant to division (A) of section	550
2929.18 of the Revised Code shall be paid by the clerk of the	551
court in accordance with and subject to the requirements of, and	552
shall be used as specified in, division (F) of section 2925.03 of	553
the Revised Code.	554

(c) If a person is charged with any violation of this section	555
that is a felony of the first, second, or third degree, posts	556
bail, and forfeits the bail, the forfeited bail shall be paid by	557
the clerk of the court pursuant to division (D)(1)(b) of this	558
section as if it were a fine imposed for a violation of this	559
section.	560

(2) The court shall suspend for not less than six months nor	561
more than five years the offender's driver's or commercial	562
driver's license or permit. If an offender's driver's or	563
commercial driver's license or permit is suspended pursuant to	564
this division, the offender, at any time after the expiration of	565
two years from the day on which the offender's sentence was	566
imposed or from the day on which the offender finally was released	567
from a prison term under the sentence, whichever is later, may	568
file a motion with the sentencing court requesting termination of	569
the suspension. Upon the filing of the motion and the court's	570
finding of good cause for the termination, the court may terminate	571
the suspension.	572

(3) If the offender is a professionally licensed person , in	573
addition to any other sanction imposed for a violation of this	574
section, the court immediately shall comply with section 2925.38	575
of the Revised Code.	576

(E) Notwithstanding the prison term otherwise authorized or	577
required for the offense under division (C) of this section and	578
sections 2929.13 and 2929.14 of the Revised Code, if the violation	579
of division (A) of this section involves the sale, offer to sell,	580
or possession of a schedule I or II controlled substance, with the	581
exception of marihuana, and if the court imposing sentence upon	582
the offender finds that the offender as a result of the violation	583
is a major drug offender and is guilty of a specification of the	584
type described in section 2941.1410 of the Revised Code, the	585
court, in lieu of the prison term that otherwise is authorized or	586
required, shall impose upon the offender the mandatory prison term	587
specified in division (D)(3)(a) of section 2929.14 of the Revised	588
Code and may impose an additional prison term under division	589
(D)(3)(b) of that section.	590

Sec. 2925.03.  (A) No person shall knowingly do any of the	591
following:	592

(1) Sell or offer to sell a controlled substance;

593

(2) Prepare for shipment, ship, transport, deliver, prepare	594
for distribution, or distribute a controlled substance, when the	595
offender knows or has reasonable cause to believe that the	596
controlled substance is intended for sale or resale by the	597
offender or another person.	598

(B) This section does not apply to any of the following:

599

(1) Manufacturers, licensed health professionals authorized	600
to prescribe drugs, pharmacists, owners of pharmacies, and other	601
persons whose conduct is in accordance with Chapters 3719., 4715.,	602
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	603

(2) If the offense involves an anabolic steroid, any person	604
who is conducting or participating in a research project involving	605
the use of an anabolic steroid if the project has been approved by	606
the United States food and drug administration;	607

(3) Any person who sells, offers for sale, prescribes,	608
dispenses, or administers for livestock or other nonhuman species	609
an anabolic steroid that is expressly intended for administration	610
through implants to livestock or other nonhuman species and	611
approved for that purpose under the "Federal Food, Drug, and	612
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	613
and is sold, offered for sale, prescribed, dispensed, or	614
administered for that purpose in accordance with that act.	615

(C) Whoever violates division (A) of this section is guilty	616
of one of the following:	617

(1) If the drug involved in the violation is any compound,	618
mixture, preparation, or substance included in schedule I or	619
schedule II, with the exception of marihuana, cocaine, L.S.D.,	620
heroin, and hashish, whoever violates division (A) of this section	621
is guilty of aggravated trafficking in drugs. The penalty for the	622
offense shall be determined as follows:	623

(a) Except as otherwise provided in division (C)(1)(b), (c),	624
(d), (e), or (f) of this section, aggravated trafficking in drugs	625
is a felony of the fourth degree, and division (C) of section	626
2929.13 of the Revised Code applies in determining whether to	627
impose a prison term on the offender.	628

(b) Except as otherwise provided in division (C)(1)(c), (d),	629
(e), or (f) of this section, if the offense was committed in the	630
vicinity of a school or in the vicinity of a juvenile, aggravated	631
trafficking in drugs is a felony of the third degree, and division	632
(C) of section 2929.13 of the Revised Code applies in determining	633
whether to impose a prison term on the offender.	634

(c) Except as otherwise provided in this division, if the	635
amount of the drug involved equals or exceeds the bulk amount but	636
is less than five times the bulk amount, aggravated trafficking in	637
drugs is a felony of the third degree, and the court shall impose	638
as a mandatory prison term one of the prison terms prescribed for	639
a felony of the third degree. If the amount of the drug involved	640
is within that range and if the offense was committed in the	641
vicinity of a school or in the vicinity of a juvenile, aggravated	642
trafficking in drugs is a felony of the second degree, and the	643
court shall impose as a mandatory prison term one of the prison	644
terms prescribed for a felony of the second degree.	645

(d) Except as otherwise provided in this division, if the	646
amount of the drug involved equals or exceeds five times the bulk	647
amount but is less than fifty times the bulk amount, aggravated	648
trafficking in drugs is a felony of the second degree, and the	649
court shall impose as a mandatory prison term one of the prison	650
terms prescribed for a felony of the second degree. If the amount	651
of the drug involved is within that range and if the offense was	652
committed in the vicinity of a school or in the vicinity of a	653
juvenile, aggravated trafficking in drugs is a felony of the first	654
degree, and the court shall impose as a mandatory prison term one	655
of the prison terms prescribed for a felony of the first degree.	656

(e) If the amount of the drug involved equals or exceeds	657
fifty times the bulk amount but is less than one hundred times the	658
bulk amount and regardless of whether the offense was committed in	659
the vicinity of a school or in the vicinity of a juvenile,	660
aggravated trafficking in drugs is a felony of the first degree,	661
and the court shall impose as a mandatory prison term one of the	662
prison terms prescribed for a felony of the first degree.	663

(f) If the amount of the drug involved equals or exceeds one	664
hundred times the bulk amount and regardless of whether the	665
offense was committed in the vicinity of a school or in the	666
vicinity of a juvenile, aggravated trafficking in drugs is a	667
felony of the first degree, the offender is a major drug offender,	668
and the court shall impose as a mandatory prison term the maximum	669
prison term prescribed for a felony of the first degree and may	670
impose an additional prison term prescribed for a major drug	671
offender under division (D)(3)(b) of section 2929.14 of the	672
Revised Code.	673

(2) If the drug involved in the violation is any compound,	674
mixture, preparation, or substance included in schedule III, IV,	675
or V, whoever violates division (A) of this section is guilty of	676
trafficking in drugs. The penalty for the offense shall be	677
determined as follows:	678

(a) Except as otherwise provided in division (C)(2)(b), (c),	679
(d), or (e) of this section, trafficking in drugs is a felony of	680
the fifth degree, and division (C) of section 2929.13 of the	681
Revised Code applies in determining whether to impose a prison	682
term on the offender.	683

(b) Except as otherwise provided in division (C)(2)(c), (d),	684
or (e) of this section, if the offense was committed in the	685
vicinity of a school or in the vicinity of a juvenile, trafficking	686
in drugs is a felony of the fourth degree, and division (C) of	687
section 2929.13 of the Revised Code applies in determining whether	688
to impose a prison term on the offender.	689

(c) Except as otherwise provided in this division, if the	690
amount of the drug involved equals or exceeds the bulk amount but	691
is less than five times the bulk amount, trafficking in drugs is a	692
felony of the fourth degree, and there is a presumption for a	693
prison term for the offense. If the amount of the drug involved is	694
within that range and if the offense was committed in the vicinity	695
of a school or in the vicinity of a juvenile, trafficking in drugs	696
is a felony of the third degree, and there is a presumption for a	697
prison term for the offense.	698

(d) Except as otherwise provided in this division, if the	699
amount of the drug involved equals or exceeds five times the bulk	700
amount but is less than fifty times the bulk amount, trafficking	701
in drugs is a felony of the third degree, and there is a	702
presumption for a prison term for the offense. If the amount of	703
the drug involved is within that range and if the offense was	704
committed in the vicinity of a school or in the vicinity of a	705
juvenile, trafficking in drugs is a felony of the second degree,	706
and there is a presumption for a prison term for the offense.	707

(e) Except as otherwise provided in this division, if the	708
amount of the drug involved equals or exceeds fifty times the bulk	709
amount, trafficking in drugs is a felony of the second degree, and	710
the court shall impose as a mandatory prison term one of the	711
prison terms prescribed for a felony of the second degree. If the	712
amount of the drug involved equals or exceeds fifty times the bulk	713
amount and if the offense was committed in the vicinity of a	714
school or in the vicinity of a juvenile, trafficking in drugs is a	715
felony of the first degree, and the court shall impose as a	716
mandatory prison term one of the prison terms prescribed for a	717
felony of the first degree.	718

(3) If the drug involved in the violation is marihuana or a	719
compound, mixture, preparation, or substance containing marihuana	720
other than hashish, whoever violates division (A) of this section	721
is guilty of trafficking in marihuana. The penalty for the offense	722
shall be determined as follows:	723

(a) Except as otherwise provided in division (C)(3)(b), (c),	724
(d), (e), (f), or (g) of this section, trafficking in marihuana is	725
a felony of the fifth degree, and division (C) of section 2929.13	726
of the Revised Code applies in determining whether to impose a	727
prison term on the offender.	728

(b) Except as otherwise provided in division (C)(3)(c), (d),	729
(e), (f), or (g) of this section, if the offense was committed in	730
the vicinity of a school or in the vicinity of a juvenile,	731
trafficking in marihuana is a felony of the fourth degree, and	732
division (C) of section 2929.13 of the Revised Code applies in	733
determining whether to impose a prison term on the offender.	734

(c) Except as otherwise provided in this division, if the	735
amount of the drug involved equals or exceeds two hundred grams	736
but is less than one thousand grams, trafficking in marihuana is a	737
felony of the fourth degree, and division (C) of section 2929.13	738
of the Revised Code applies in determining whether to impose a	739
prison term on the offender. If the amount of the drug involved is	740
within that range and if the offense was committed in the vicinity	741
of a school or in the vicinity of a juvenile, trafficking in	742
marihuana is a felony of the third degree, and division (C) of	743
section 2929.13 of the Revised Code applies in determining whether	744
to impose a prison term on the offender.	745

(d) Except as otherwise provided in this division, if the	746
amount of the drug involved equals or exceeds one thousand grams	747
but is less than five thousand grams, trafficking in marihuana is	748
a felony of the third degree, and division (C) of section 2929.13	749
of the Revised Code applies in determining whether to impose a	750
prison term on the offender. If the amount of the drug involved is	751
within that range and if the offense was committed in the vicinity	752
of a school or in the vicinity of a juvenile, trafficking in	753
marihuana is a felony of the second degree, and there is a	754
presumption that a prison term shall be imposed for the offense.	755

(e) Except as otherwise provided in this division, if the	756
amount of the drug involved equals or exceeds five thousand grams	757
but is less than twenty thousand grams, trafficking in marihuana	758
is a felony of the third degree, and there is a presumption that a	759
prison term shall be imposed for the offense. If the amount of the	760
drug involved is within that range and if the offense was	761
committed in the vicinity of a school or in the vicinity of a	762
juvenile, trafficking in marihuana is a felony of the second	763
degree, and there is a presumption that a prison term shall be	764
imposed for the offense.	765

(f) Except as otherwise provided in this division, if the	766
amount of the drug involved equals or exceeds twenty thousand	767
grams, trafficking in marihuana is a felony of the second degree,	768
and the court shall impose as a mandatory prison term the maximum	769
prison term prescribed for a felony of the second degree. If the	770
amount of the drug involved equals or exceeds twenty thousand	771
grams and if the offense was committed in the vicinity of a school	772
or in the vicinity of a juvenile, trafficking in marihuana is a	773
felony of the first degree, and the court shall impose as a	774
mandatory prison term the maximum prison term prescribed for a	775
felony of the first degree.	776

(g) Except as otherwise provided in this division, if the	777
offense involves a gift of twenty grams or less of marihuana,	778
trafficking in marihuana is a minor misdemeanor upon a first	779
offense and a misdemeanor of the third degree upon a subsequent	780
offense. If the offense involves a gift of twenty grams or less of	781
marihuana and if the offense was committed in the vicinity of a	782
school or in the vicinity of a juvenile, trafficking in marihuana	783
is a misdemeanor of the third degree.	784

(4) If the drug involved in the violation is cocaine or a	785
compound, mixture, preparation, or substance containing cocaine,	786
whoever violates division (A) of this section is guilty of	787
trafficking in cocaine. The penalty for the offense shall be	788
determined as follows:	789

(a) Except as otherwise provided in division (C)(4)(b), (c),	790
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	791
felony of the fifth degree, and division (C) of section 2929.13 of	792
the Revised Code applies in determining whether to impose a prison	793
term on the offender.	794

(b) Except as otherwise provided in division (C)(4)(c), (d),	795
(e), (f), or (g) of this section, if the offense was committed in	796
the vicinity of a school or in the vicinity of a juvenile,	797
trafficking in cocaine is a felony of the fourth degree, and	798
division (C) of section 2929.13 of the Revised Code applies in	799
determining whether to impose a prison term on the offender.	800

(c) Except as otherwise provided in this division, if the	801
amount of the drug involved equals or exceeds five grams but is	802
less than ten grams of cocaine that is not crack cocaine or equals	803
or exceeds one gram but is less than five grams of crack cocaine,	804
trafficking in cocaine is a felony of the fourth degree, and there	805
is a presumption for a prison term for the offense. If the amount	806
of the drug involved is within one of those ranges and if the	807
offense was committed in the vicinity of a school or in the	808
vicinity of a juvenile, trafficking in cocaine is a felony of the	809
third degree, and there is a presumption for a prison term for the	810
offense.	811

(d) Except as otherwise provided in this division, if the	812
amount of the drug involved equals or exceeds ten grams but is	813
less than one hundred grams of cocaine that is not crack cocaine	814
or equals or exceeds five grams but is less than ten grams of	815
crack cocaine, trafficking in cocaine is a felony of the third	816
degree, and the court shall impose as a mandatory prison term one	817
of the prison terms prescribed for a felony of the third degree.	818
If the amount of the drug involved is within one of those ranges	819
and if the offense was committed in the vicinity of a school or in	820
the vicinity of a juvenile, trafficking in cocaine is a felony of	821
the second degree, and the court shall impose as a mandatory	822
prison term one of the prison terms prescribed for a felony of the	823
second degree.	824

(e) Except as otherwise provided in this division, if the	825
amount of the drug involved equals or exceeds one hundred grams	826
but is less than five hundred grams of cocaine that is not crack	827
cocaine or equals or exceeds ten grams but is less than	828
twenty-five grams of crack cocaine, trafficking in cocaine is a	829
felony of the second degree, and the court shall impose as a	830
mandatory prison term one of the prison terms prescribed for a	831
felony of the second degree. If the amount of the drug involved is	832
within one of those ranges and if the offense was committed in the	833
vicinity of a school or in the vicinity of a juvenile, trafficking	834
in cocaine is a felony of the first degree, and the court shall	835
impose as a mandatory prison term one of the prison terms	836
prescribed for a felony of the first degree.	837

(f) If the amount of the drug involved equals or exceeds five	838
hundred grams but is less than one thousand grams of cocaine that	839
is not crack cocaine or equals or exceeds twenty-five grams but is	840
less than one hundred grams of crack cocaine and regardless of	841
whether the offense was committed in the vicinity of a school or	842
in the vicinity of a juvenile, trafficking in cocaine is a felony	843
of the first degree, and the court shall impose as a mandatory	844
prison term one of the prison terms prescribed for a felony of the	845
first degree.	846

(g) If the amount of the drug involved equals or exceeds one	847
thousand grams of cocaine that is not crack cocaine or equals or	848
exceeds one hundred grams of crack cocaine and regardless of	849
whether the offense was committed in the vicinity of a school or	850
in the vicinity of a juvenile, trafficking in cocaine is a felony	851
of the first degree, the offender is a major drug offender, and	852
the court shall impose as a mandatory prison term the maximum	853
prison term prescribed for a felony of the first degree and may	854
impose an additional mandatory prison term prescribed for a major	855
drug offender under division (D)(3)(b) of section 2929.14 of the	856
Revised Code.	857

(5) If the drug involved in the violation is L.S.D. or a	858
compound, mixture, preparation, or substance containing L.S.D.,	859
whoever violates division (A) of this section is guilty of	860
trafficking in L.S.D. The penalty for the offense shall be	861
determined as follows:	862

(a) Except as otherwise provided in division (C)(5)(b), (c),	863
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	864
felony of the fifth degree, and division (C) of section 2929.13 of	865
the Revised Code applies in determining whether to impose a prison	866
term on the offender.	867

(b) Except as otherwise provided in division (C)(5)(c), (d),	868
(e), (f), or (g) of this section, if the offense was committed in	869
the vicinity of a school or in the vicinity of a juvenile,	870
trafficking in L.S.D. is a felony of the fourth degree, and	871
division (C) of section 2929.13 of the Revised Code applies in	872
determining whether to impose a prison term on the offender.	873

(c) Except as otherwise provided in this division, if the	874
amount of the drug involved equals or exceeds ten unit doses but	875
is less than fifty unit doses of L.S.D. in a solid form or equals	876
or exceeds one gram but is less than five grams of L.S.D. in a	877
liquid concentrate, liquid extract, or liquid distillate form,	878
trafficking in L.S.D. is a felony of the fourth degree, and there	879
is a presumption for a prison term for the offense. If the amount	880
of the drug involved is within that range and if the offense was	881
committed in the vicinity of a school or in the vicinity of a	882
juvenile, trafficking in L.S.D. is a felony of the third degree,	883
and there is a presumption for a prison term for the offense.	884

(d) Except as otherwise provided in this division, if the	885
amount of the drug involved equals or exceeds fifty unit doses but	886
is less than two hundred fifty unit doses of L.S.D. in a solid	887
form or equals or exceeds five grams but is less than twenty-five	888
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	889
distillate form, trafficking in L.S.D. is a felony of the third	890
degree, and the court shall impose as a mandatory prison term one	891
of the prison terms prescribed for a felony of the third degree.	892
If the amount of the drug involved is within that range and if the	893
offense was committed in the vicinity of a school or in the	894
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	895
second degree, and the court shall impose as a mandatory prison	896
term one of the prison terms prescribed for a felony of the second	897
degree.	898

(e) Except as otherwise provided in this division, if the	899
amount of the drug involved equals or exceeds two hundred fifty	900
unit doses but is less than one thousand unit doses of L.S.D. in a	901
solid form or equals or exceeds twenty-five grams but is less than	902
one hundred grams of L.S.D. in a liquid concentrate, liquid	903
extract, or liquid distillate form, trafficking in L.S.D. is a	904
felony of the second degree, and the court shall impose as a	905
mandatory prison term one of the prison terms prescribed for a	906
felony of the second degree. If the amount of the drug involved is	907
within that range and if the offense was committed in the vicinity	908
of a school or in the vicinity of a juvenile, trafficking in	909
L.S.D. is a felony of the first degree, and the court shall impose	910
as a mandatory prison term one of the prison terms prescribed for	911
a felony of the first degree.	912

(f) If the amount of the drug involved equals or exceeds one	913
thousand unit doses but is less than five thousand unit doses of	914
L.S.D. in a solid form or equals or exceeds one hundred grams but	915
is less than five hundred grams of L.S.D. in a liquid concentrate,	916
liquid extract, or liquid distillate form and regardless of	917
whether the offense was committed in the vicinity of a school or	918
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	919
of the first degree, and the court shall impose as a mandatory	920
prison term one of the prison terms prescribed for a felony of the	921
first degree.	922

(g) If the amount of the drug involved equals or exceeds five	923
thousand unit doses of L.S.D. in a solid form or equals or exceeds	924
five hundred grams of L.S.D. in a liquid concentrate, liquid	925
extract, or liquid distillate form and regardless of whether the	926
offense was committed in the vicinity of a school or in the	927
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	928
first degree, the offender is a major drug offender, and the court	929
shall impose as a mandatory prison term the maximum prison term	930
prescribed for a felony of the first degree and may impose an	931
additional mandatory prison term prescribed for a major drug	932
offender under division (D)(3)(b) of section 2929.14 of the	933
Revised Code.	934

(6) If the drug involved in the violation is heroin or a	935
compound, mixture, preparation, or substance containing heroin,	936
whoever violates division (A) of this section is guilty of	937
trafficking in heroin. The penalty for the offense shall be	938
determined as follows:	939

(a) Except as otherwise provided in division (C)(6)(b), (c),	940
(d), (e), (f), or (g) of this section, trafficking in heroin is a	941
felony of the fifth degree, and division (C) of section 2929.13 of	942
the Revised Code applies in determining whether to impose a prison	943
term on the offender.	944

(b) Except as otherwise provided in division (C)(6)(c), (d),	945
(e), (f), or (g) of this section, if the offense was committed in	946
the vicinity of a school or in the vicinity of a juvenile,	947
trafficking in heroin is a felony of the fourth degree, and	948
division (C) of section 2929.13 of the Revised Code applies in	949
determining whether to impose a prison term on the offender.	950

(c) Except as otherwise provided in this division, if the	951
amount of the drug involved equals or exceeds ten unit doses but	952
is less than fifty unit doses or equals or exceeds one gram but is	953
less than five grams, trafficking in heroin is a felony of the	954
fourth degree, and there is a presumption for a prison term for	955
the offense. If the amount of the drug involved is within that	956
range and if the offense was committed in the vicinity of a school	957
or in the vicinity of a juvenile, trafficking in heroin is a	958
felony of the third degree, and there is a presumption for a	959
prison term for the offense.	960

(d) Except as otherwise provided in this division, if the	961
amount of the drug involved equals or exceeds fifty unit doses but	962
is less than one hundred unit doses or equals or exceeds five	963
grams but is less than ten grams, trafficking in heroin is a	964
felony of the third degree, and there is a presumption for a	965
prison term for the offense. If the amount of the drug involved is	966
within that range and if the offense was committed in the vicinity	967
of a school or in the vicinity of a juvenile, trafficking in	968
heroin is a felony of the second degree, and there is a	969
presumption for a prison term for the offense.	970

(e) Except as otherwise provided in this division, if the	971
amount of the drug involved equals or exceeds one hundred unit	972
doses but is less than five hundred unit doses or equals or	973
exceeds ten grams but is less than fifty grams, trafficking in	974
heroin is a felony of the second degree, and the court shall	975
impose as a mandatory prison term one of the prison terms	976
prescribed for a felony of the second degree. If the amount of the	977
drug involved is within that range and if the offense was	978
committed in the vicinity of a school or in the vicinity of a	979
juvenile, trafficking in heroin is a felony of the first degree,	980
and the court shall impose as a mandatory prison term one of the	981
prison terms prescribed for a felony of the first degree.	982

(f) If the amount of the drug involved equals or exceeds five	983
hundred unit doses but is less than two thousand five hundred unit	984
doses or equals or exceeds fifty grams but is less than two	985
hundred fifty grams and regardless of whether the offense was	986
committed in the vicinity of a school or in the vicinity of a	987
juvenile, trafficking in heroin is a felony of the first degree,	988
and the court shall impose as a mandatory prison term one of the	989
prison terms prescribed for a felony of the first degree.	990

(g) If the amount of the drug involved equals or exceeds two	991
thousand five hundred unit doses or equals or exceeds two hundred	992
fifty grams and regardless of whether the offense was committed in	993
the vicinity of a school or in the vicinity of a juvenile,	994
trafficking in heroin is a felony of the first degree, the	995
offender is a major drug offender, and the court shall impose as a	996
mandatory prison term the maximum prison term prescribed for a	997
felony of the first degree and may impose an additional mandatory	998
prison term prescribed for a major drug offender under division	999
(D)(3)(b) of section 2929.14 of the Revised Code.	1000

(7) If the drug involved in the violation is hashish or a	1001
compound, mixture, preparation, or substance containing hashish,	1002
whoever violates division (A) of this section is guilty of	1003
trafficking in hashish. The penalty for the offense shall be	1004
determined as follows:	1005

(a) Except as otherwise provided in division (C)(7)(b), (c),	1006
(d), (e), or (f) of this section, trafficking in hashish is a	1007
felony of the fifth degree, and division (C) of section 2929.13 of	1008
the Revised Code applies in determining whether to impose a prison	1009
term on the offender.	1010

(b) Except as otherwise provided in division (C)(7)(c), (d),	1011
(e), or (f) of this section, if the offense was committed in the	1012
vicinity of a school or in the vicinity of a juvenile, trafficking	1013
in hashish is a felony of the fourth degree, and division (C) of	1014
section 2929.13 of the Revised Code applies in determining whether	1015
to impose a prison term on the offender.	1016

(c) Except as otherwise provided in this division, if the	1017
amount of the drug involved equals or exceeds ten grams but is	1018
less than fifty grams of hashish in a solid form or equals or	1019
exceeds two grams but is less than ten grams of hashish in a	1020
liquid concentrate, liquid extract, or liquid distillate form,	1021
trafficking in hashish is a felony of the fourth degree, and	1022
division (C) of section 2929.13 of the Revised Code applies in	1023
determining whether to impose a prison term on the offender. If	1024
the amount of the drug involved is within that range and if the	1025
offense was committed in the vicinity of a school or in the	1026
vicinity of a juvenile, trafficking in hashish is a felony of the	1027
third degree, and division (C) of section 2929.13 of the Revised	1028
Code applies in determining whether to impose a prison term on the	1029
offender.	1030

(d) Except as otherwise provided in this division, if the	1031
amount of the drug involved equals or exceeds fifty grams but is	1032
less than two hundred fifty grams of hashish in a solid form or	1033
equals or exceeds ten grams but is less than fifty grams of	1034
hashish in a liquid concentrate, liquid extract, or liquid	1035
distillate form, trafficking in hashish is a felony of the third	1036
degree, and division (C) of section 2929.13 of the Revised Code	1037
applies in determining whether to impose a prison term on the	1038
offender. If the amount of the drug involved is within that range	1039
and if the offense was committed in the vicinity of a school or in	1040
the vicinity of a juvenile, trafficking in hashish is a felony of	1041
the second degree, and there is a presumption that a prison term	1042
shall be imposed for the offense.	1043

(e) Except as otherwise provided in this division, if the	1044
amount of the drug involved equals or exceeds two hundred fifty	1045
grams but is less than one thousand grams of hashish in a solid	1046
form or equals or exceeds fifty grams but is less than two hundred	1047
grams of hashish in a liquid concentrate, liquid extract, or	1048
liquid distillate form, trafficking in hashish is a felony of the	1049
third degree, and there is a presumption that a prison term shall	1050
be imposed for the offense. If the amount of the drug involved is	1051
within that range and if the offense was committed in the vicinity	1052
of a school or in the vicinity of a juvenile, trafficking in	1053
hashish is a felony of the second degree, and there is a	1054
presumption that a prison term shall be imposed for the offense.	1055

(f) Except as otherwise provided in this division, if the	1056
amount of the drug involved equals or exceeds one thousand grams	1057
of hashish in a solid form or equals or exceeds two hundred grams	1058
of hashish in a liquid concentrate, liquid extract, or liquid	1059
distillate form, trafficking in hashish is a felony of the second	1060
degree, and the court shall impose as a mandatory prison term the	1061
maximum prison term prescribed for a felony of the second degree.	1062
If the amount of the drug involved is within that range and if the	1063
offense was committed in the vicinity of a school or in the	1064
vicinity of a juvenile, trafficking in hashish is a felony of the	1065
first degree, and the court shall impose as a mandatory prison	1066
term the maximum prison term prescribed for a felony of the first	1067
degree.	1068

(D) In addition to any prison term authorized or required by	1069
division (C) of this section and sections 2929.13 and 2929.14 of	1070
the Revised Code, and in addition to any other sanction imposed	1071
for the offense under this section or sections 2929.11 to 2929.18	1072
of the Revised Code, the court that sentences an offender who is	1073
convicted of or pleads guilty to a violation of division (A) of	1074
this section shall do all of the following that are applicable	1075
regarding the offender:	1076

(1) If the violation of division (A) of this section is a	1077
felony of the first, second, or third degree, the court shall	1078
impose upon the offender the mandatory fine specified for the	1079
offense under division (B)(1) of section 2929.18 of the Revised	1080
Code unless, as specified in that division, the court determines	1081
that the offender is indigent. Except as otherwise provided in	1082
division (H)(1) of this section, a mandatory fine or any other	1083
fine imposed for a violation of this section is subject to	1084
division (F) of this section. If a person is charged with a	1085
violation of this section that is a felony of the first, second,	1086
or third degree, posts bail, and forfeits the bail, the clerk of	1087
the court shall pay the forfeited bail pursuant to divisions	1088
(D)(1) and (F) of this section, as if the forfeited bail was a	1089
fine imposed for a violation of this section. If any amount of the	1090
forfeited bail remains after that payment and if a fine is imposed	1091
under division (H)(1) of this section, the clerk of the court	1092
shall pay the remaining amount of the forfeited bail pursuant to	1093
divisions (H)(2) and (3) of this section, as if that remaining	1094
amount was a fine imposed under division (H)(1) of this section.	1095

(2) The court shall suspend the driver's or commercial	1096
driver's license or permit of the offender in accordance with	1097
division (G) of this section.	1098

(3) If the offender is a professionally licensed person, the	1099
court immediately shall comply with section 2925.38 of the Revised	1100
Code.	1101

(E) When a person is charged with the sale of or offer to	1102
sell a bulk amount or a multiple of a bulk amount of a controlled	1103
substance, the jury, or the court trying the accused, shall	1104
determine the amount of the controlled substance involved at the	1105
time of the offense and, if a guilty verdict is returned, shall	1106
return the findings as part of the verdict. In any such case, it	1107
is unnecessary to find and return the exact amount of the	1108
controlled substance involved, and it is sufficient if the finding	1109
and return is to the effect that the amount of the controlled	1110
substance involved is the requisite amount, or that the amount of	1111
the controlled substance involved is less than the requisite	1112
amount.	1113

(F)(1) Notwithstanding any contrary provision of section	1114
3719.21 of the Revised Code and except as provided in division (H)	1115
of this section, the clerk of the court shall pay any mandatory	1116
fine imposed pursuant to division (D)(1) of this section and any	1117
fine other than a mandatory fine that is imposed for a violation	1118
of this section pursuant to division (A) or (B)(5) of section	1119
2929.18 of the Revised Code to the county, township, municipal	1120
corporation, park district, as created pursuant to section 511.18	1121
or 1545.04 of the Revised Code, or state law enforcement agencies	1122
in this state that primarily were responsible for or involved in	1123
making the arrest of, and in prosecuting, the offender. However,	1124
the clerk shall not pay a mandatory fine so imposed to a law	1125
enforcement agency unless the agency has adopted a written	1126
internal control policy under division (F)(2) of this section that	1127
addresses the use of the fine moneys that it receives. Each agency	1128
shall use the mandatory fines so paid to subsidize the agency's	1129
law enforcement efforts that pertain to drug offenses, in	1130
accordance with the written internal control policy adopted by the	1131
recipient agency under division (F)(2) of this section.	1132

(2)(a) Prior to receiving any fine moneys under division	1133
(F)(1) of this section or division (B)(5) of section 2925.42 of	1134
the Revised Code, a law enforcement agency shall adopt a written	1135
internal control policy that addresses the agency's use and	1136
disposition of all fine moneys so received and that provides for	1137
the keeping of detailed financial records of the receipts of those	1138
fine moneys, the general types of expenditures made out of those	1139
fine moneys, and the specific amount of each general type of	1140
expenditure. The policy shall not provide for or permit the	1141
identification of any specific expenditure that is made in an	1142
ongoing investigation. All financial records of the receipts of	1143
those fine moneys, the general types of expenditures made out of	1144
those fine moneys, and the specific amount of each general type of	1145
expenditure by an agency are public records open for inspection	1146
under section 149.43 of the Revised Code. Additionally, a written	1147
internal control policy adopted under this division is such a	1148
public record, and the agency that adopted it shall comply with	1149
it.	1150

(b) Each law enforcement agency that receives in any calendar	1151
year any fine moneys under division (F)(1) of this section or	1152
division (B)(5) of section 2925.42 of the Revised Code shall	1153
prepare a report covering the calendar year that cumulates all of	1154
the information contained in all of the public financial records	1155
kept by the agency pursuant to division (F)(2)(a) of this section	1156
for that calendar year, and shall send a copy of the cumulative	1157
report, no later than the first day of March in the calendar year	1158
following the calendar year covered by the report, to the attorney	1159
general. Each report received by the attorney general is a public	1160
record open for inspection under section 149.43 of the Revised	1161
Code. Not later than the fifteenth day of April in the calendar	1162
year in which the reports are received, the attorney general shall	1163
send to the president of the senate and the speaker of the house	1164
of representatives a written notification that does all of the	1165
following:	1166

(i) Indicates that the attorney general has received from law	1167
enforcement agencies reports of the type described in this	1168
division that cover the previous calendar year and indicates that	1169
the reports were received under this division;	1170

(ii) Indicates that the reports are open for inspection under	1171
section 149.43 of the Revised Code;	1172

(iii) Indicates that the attorney general will provide a copy	1173
of any or all of the reports to the president of the senate or the	1174
speaker of the house of representatives upon request.	1175

(3) As used in division (F) of this section:

1176

(a) "Law enforcement agencies" includes, but is not limited	1177
to, the state board of pharmacy and the office of a prosecutor.	1178

(b) "Prosecutor" has the same meaning as in section 2935.01	1179
of the Revised Code.	1180

(G) When required under division (D)(2) of this section or	1181
any other provision of this chapter, the court shall suspend for	1182
not less than six months or more than five years the driver's or	1183
commercial driver's license or permit of any person who is	1184
convicted of or pleads guilty to any violation of this section or	1185
any other specified provision of this chapter. If an offender's	1186
driver's or commercial driver's license or permit is suspended	1187
pursuant to this division, the offender, at any time after the	1188
expiration of two years from the day on which the offender's	1189
sentence was imposed or from the day on which the offender finally	1190
was released from a prison term under the sentence, whichever is	1191
later, may file a motion with the sentencing court requesting	1192
termination of the suspension; upon the filing of such a motion	1193
and the court's finding of good cause for the termination, the	1194
court may terminate the suspension.	1195

(H)(1) In addition to any prison term authorized or required	1196
by division (C) of this section and sections 2929.13 and 2929.14	1197
of the Revised Code, in addition to any other penalty or sanction	1198
imposed for the offense under this section or sections 2929.11 to	1199
2929.18 of the Revised Code, and in addition to the forfeiture of	1200
property in connection with the offense as prescribed in sections	1201
2925.42 to 2925.45 of the Revised Code, the court that sentences	1202
an offender who is convicted of or pleads guilty to a violation of	1203
division (A) of this section may impose upon the offender an	1204
additional fine specified for the offense in division (B)(4) of	1205
section 2929.18 of the Revised Code. A fine imposed under division	1206
(H)(1) of this section is not subject to division (F) of this	1207
section and shall be used solely for the support of one or more	1208
eligible alcohol and drug addiction programs in accordance with	1209
divisions (H)(2) and (3) of this section.	1210

(2) The court that imposes a fine under division (H)(1) of	1211
this section shall specify in the judgment that imposes the fine	1212
one or more eligible alcohol and drug addiction programs for the	1213
support of which the fine money is to be used. No alcohol and drug	1214
addiction program shall receive or use money paid or collected in	1215
satisfaction of a fine imposed under division (H)(1) of this	1216
section unless the program is specified in the judgment that	1217
imposes the fine. No alcohol and drug addiction program shall be	1218
specified in the judgment unless the program is an eligible	1219
alcohol and drug addiction program and, except as otherwise	1220
provided in division (H)(2) of this section, unless the program is	1221
located in the county in which the court that imposes the fine is	1222
located or in a county that is immediately contiguous to the	1223
county in which that court is located. If no eligible alcohol and	1224
drug addiction program is located in any of those counties, the	1225
judgment may specify an eligible alcohol and drug addiction	1226
program that is located anywhere within this state.	1227

(3) Notwithstanding any contrary provision of section 3719.21	1228
of the Revised Code, the clerk of the court shall pay any fine	1229
imposed under division (H)(1) of this section to the eligible	1230
alcohol and drug addiction program specified pursuant to division	1231
(H)(2) of this section in the judgment. The eligible alcohol and	1232
drug addiction program that receives the fine moneys shall use the	1233
moneys only for the alcohol and drug addiction services identified	1234
in the application for certification under section 3793.06 of the	1235
Revised Code or in the application for a license under section	1236
3793.11 of the Revised Code filed with the department of alcohol	1237
and drug addiction services by the alcohol and drug addiction	1238
program specified in the judgment.	1239

(4) Each alcohol and drug addiction program that receives in	1240
a calendar year any fine moneys under division (H)(3) of this	1241
section shall file an annual report covering that calendar year	1242
with the court of common pleas and the board of county	1243
commissioners of the county in which the program is located, with	1244
the court of common pleas and the board of county commissioners of	1245
each county from which the program received the moneys if that	1246
county is different from the county in which the program is	1247
located, and with the attorney general. The alcohol and drug	1248
addiction program shall file the report no later than the first	1249
day of March in the calendar year following the calendar year in	1250
which the program received the fine moneys. The report shall	1251
include statistics on the number of persons served by the alcohol	1252
and drug addiction program, identify the types of alcohol and drug	1253
addiction services provided to those persons, and include a	1254
specific accounting of the purposes for which the fine moneys	1255
received were used. No information contained in the report shall	1256
identify, or enable a person to determine the identity of, any	1257
person served by the alcohol and drug addiction program. Each	1258
report received by a court of common pleas, a board of county	1259
commissioners, or the attorney general is a public record open for	1260
inspection under section 149.43 of the Revised Code.	1261

(5) As used in divisions (H)(1) to (5) of this section:

1262

(a) "Alcohol and drug addiction program" and "alcohol and	1263
drug addiction services" have the same meanings as in section	1264
3793.01 of the Revised Code.	1265

(b) "Eligible alcohol and drug addiction program" means an	1266
alcohol and drug addiction program that is certified under section	1267
3793.06 of the Revised Code or licensed under section 3793.11 of	1268
the Revised Code by the department of alcohol and drug addiction	1269
services.	1270

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	1271
or use a controlled substance.	1272

(B) This section does not apply to any of the following:

1273

(1) Manufacturers, licensed health professionals authorized	1274
to prescribe drugs, pharmacists, owners of pharmacies, and other	1275
persons whose conduct was in accordance with Chapters 3719.,	1276
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1277

(2) If the offense involves an anabolic steroid, any person	1278
who is conducting or participating in a research project involving	1279
the use of an anabolic steroid if the project has been approved by	1280
the United States food and drug administration;	1281

(3) Any person who sells, offers for sale, prescribes,	1282
dispenses, or administers for livestock or other nonhuman species	1283
an anabolic steroid that is expressly intended for administration	1284
through implants to livestock or other nonhuman species and	1285
approved for that purpose under the "Federal Food, Drug, and	1286
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1287
and is sold, offered for sale, prescribed, dispensed, or	1288
administered for that purpose in accordance with that act;	1289

(4) Any person who obtained the controlled substance pursuant	1290
to a prescription issued by a licensed health professional	1291
authorized to prescribe drugs.	1292

(C) Whoever violates division (A) of this section is guilty	1293
of one of the following:	1294

(1) If the drug involved in the violation is a compound,	1295
mixture, preparation, or substance included in schedule I or II,	1296
with the exception of marihuana, cocaine, L.S.D., heroin, and	1297
hashish, whoever violates division (A) of this section is guilty	1298
of aggravated possession of drugs. The penalty for the offense	1299
shall be determined as follows:	1300

(a) Except as otherwise provided in division (C)(1)(b), (c),	1301
(d), or (e) of this section, aggravated possession of drugs is a	1302
felony of the fifth degree, and division (B) of section 2929.13 of	1303
the Revised Code applies in determining whether to impose a prison	1304
term on the offender.	1305

(b) If the amount of the drug involved equals or exceeds the	1306
bulk amount but is less than five times the bulk amount,	1307
aggravated possession of drugs is a felony of the third degree,	1308
and there is a presumption for a prison term for the offense.	1309

(c) If the amount of the drug involved equals or exceeds five	1310
times the bulk amount but is less than fifty times the bulk	1311
amount, aggravated possession of drugs is a felony of the second	1312
degree, and the court shall impose as a mandatory prison term one	1313
of the prison terms prescribed for a felony of the second degree.	1314

(d) If the amount of the drug involved equals or exceeds	1315
fifty times the bulk amount but is less than one hundred times the	1316
bulk amount, aggravated possession of drugs is a felony of the	1317
first degree, and the court shall impose as a mandatory prison	1318
term one of the prison terms prescribed for a felony of the first	1319
degree.	1320

(e) If the amount of the drug involved equals or exceeds one	1321
hundred times the bulk amount, aggravated possession of drugs is a	1322
felony of the first degree, the offender is a major drug offender,	1323
and the court shall impose as a mandatory prison term the maximum	1324
prison term prescribed for a felony of the first degree and may	1325
impose an additional mandatory prison term prescribed for a major	1326
drug offender under division (D)(3)(b) of section 2929.14 of the	1327
Revised Code.	1328

(2) If the drug involved in the violation is a compound,	1329
mixture, preparation, or substance included in schedule III, IV,	1330
or V, whoever violates division (A) of this section is guilty of	1331
possession of drugs. The penalty for the offense shall be	1332
determined as follows:	1333

(a) Except as otherwise provided in division (C)(2)(b), (c),	1334
or (d) of this section, possession of drugs is a misdemeanor of	1335
the third degree or, if the offender previously has been convicted	1336
of a drug abuse offense, a misdemeanor of the second degree. If	1337
the drug involved in the violation is an anabolic steroid included	1338
in schedule III and if the offense is a misdemeanor of the third	1339
degree under this division, in lieu of sentencing the offender to	1340
a term of imprisonment in a detention facility, the court may	1341
place the offender under a community control sanction, as defined	1342
in section 2929.01 of the Revised Code, that requires the offender	1343
to perform supervised community service work pursuant to division	1344
(B) of section 2951.02 of the Revised Code.	1345

(b) If the amount of the drug involved equals or exceeds the	1346
bulk amount but is less than five times the bulk amount,	1347
possession of drugs is a felony of the fourth degree, and division	1348
(C) of section 2929.13 of the Revised Code applies in determining	1349
whether to impose a prison term on the offender.	1350

(c) If the amount of the drug involved equals or exceeds five	1351
times the bulk amount but is less than fifty times the bulk	1352
amount, possession of drugs is a felony of the third degree, and	1353
there is a presumption for a prison term for the offense.	1354

(d) If the amount of the drug involved equals or exceeds	1355
fifty times the bulk amount, possession of drugs is a felony of	1356
the second degree, and the court shall impose upon the offender as	1357
a mandatory prison term one of the prison terms prescribed for a	1358
felony of the second degree.	1359

(3) If the drug involved in the violation is marihuana or a	1360
compound, mixture, preparation, or substance containing marihuana	1361
other than hashish, whoever violates division (A) of this section	1362
is guilty of possession of marihuana. The penalty for the offense	1363
shall be determined as follows:	1364

(a) Except as otherwise provided in division (C)(3)(b), (c),	1365
(d), (e), or (f) of this section, possession of marihuana is a	1366
minor misdemeanor.	1367

(b) If the amount of the drug involved equals or exceeds one	1368
hundred grams but is less than two hundred grams, possession of	1369
marihuana is a misdemeanor of the fourth degree.	1370

(c) If the amount of the drug involved equals or exceeds two	1371
hundred grams but is less than one thousand grams, possession of	1372
marihuana is a felony of the fifth degree, and division (B) of	1373
section 2929.13 of the Revised Code applies in determining whether	1374
to impose a prison term on the offender.	1375

(d) If the amount of the drug involved equals or exceeds one	1376
thousand grams but is less than five thousand grams, possession of	1377
marihuana is a felony of the third degree, and division (C) of	1378
section 2929.13 of the Revised Code applies in determining whether	1379
to impose a prison term on the offender.	1380

(e) If the amount of the drug involved equals or exceeds five	1381
thousand grams but is less than twenty thousand grams, possession	1382
of marihuana is a felony of the third degree, and there is a	1383
presumption that a prison term shall be imposed for the offense.	1384

(f) If the amount of the drug involved equals or exceeds	1385
twenty thousand grams, possession of marihuana is a felony of the	1386
second degree, and the court shall impose as a mandatory prison	1387
term the maximum prison term prescribed for a felony of the second	1388
degree.	1389

(4) If the drug involved in the violation is cocaine or a	1390
compound, mixture, preparation, or substance containing cocaine,	1391
whoever violates division (A) of this section is guilty of	1392
possession of cocaine. The penalty for the offense shall be	1393
determined as follows:	1394

(a) Except as otherwise provided in division (C)(4)(b), (c),	1395
(d), (e), or (f) of this section, possession of cocaine is a	1396
felony of the fifth degree, and division (B) of section 2929.13 of	1397
the Revised Code applies in determining whether to impose a prison	1398
term on the offender.	1399

(b) If the amount of the drug involved equals or exceeds five	1400
grams but is less than twenty-five grams of cocaine that is not	1401
crack cocaine or equals or exceeds one gram but is less than five	1402
grams of crack cocaine, possession of cocaine is a felony of the	1403
fourth degree, and there is a presumption for a prison term for	1404
the offense.	1405

(c) If the amount of the drug involved equals or exceeds	1406
twenty-five grams but is less than one hundred grams of cocaine	1407
that is not crack cocaine or equals or exceeds five grams but is	1408
less than ten grams of crack cocaine, possession of cocaine is a	1409
felony of the third degree, and the court shall impose as a	1410
mandatory prison term one of the prison terms prescribed for a	1411
felony of the third degree.	1412

(d) If the amount of the drug involved equals or exceeds one	1413
hundred grams but is less than five hundred grams of cocaine that	1414
is not crack cocaine or equals or exceeds ten grams but is less	1415
than twenty-five grams of crack cocaine, possession of cocaine is	1416
a felony of the second degree, and the court shall impose as a	1417
mandatory prison term one of the prison terms prescribed for a	1418
felony of the second degree.	1419

(e) If the amount of the drug involved equals or exceeds five	1420
hundred grams but is less than one thousand grams of cocaine that	1421
is not crack cocaine or equals or exceeds twenty-five grams but is	1422
less than one hundred grams of crack cocaine, possession of	1423
cocaine is a felony of the first degree, and the court shall	1424
impose as a mandatory prison term one of the prison terms	1425
prescribed for a felony of the first degree.	1426

(f) If the amount of the drug involved equals or exceeds one	1427
thousand grams of cocaine that is not crack cocaine or equals or	1428
exceeds one hundred grams of crack cocaine, possession of cocaine	1429
is a felony of the first degree, the offender is a major drug	1430
offender, and the court shall impose as a mandatory prison term	1431
the maximum prison term prescribed for a felony of the first	1432
degree and may impose an additional mandatory prison term	1433
prescribed for a major drug offender under division (D)(3)(b) of	1434
section 2929.14 of the Revised Code.	1435

(5) If the drug involved in the violation is L.S.D., whoever	1436
violates division (A) of this section is guilty of possession of	1437
L.S.D. The penalty for the offense shall be determined as follows:	1438

(a) Except as otherwise provided in division (C)(5)(b), (c),	1439
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1440
of the fifth degree, and division (B) of section 2929.13 of the	1441
Revised Code applies in determining whether to impose a prison	1442
term on the offender.	1443

(b) If the amount of L.S.D. involved equals or exceeds ten	1444
unit doses but is less than fifty unit doses of L.S.D. in a solid	1445
form or equals or exceeds one gram but is less than five grams of	1446
L.S.D. in a liquid concentrate, liquid extract, or liquid	1447
distillate form, possession of L.S.D. is a felony of the fourth	1448
degree, and division (C) of section 2929.13 of the Revised Code	1449
applies in determining whether to impose a prison term on the	1450
offender.	1451

(c) If the amount of L.S.D. involved equals or exceeds fifty	1452
unit doses, but is less than two hundred fifty unit doses of	1453
L.S.D. in a solid form or equals or exceeds five grams but is less	1454
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1455
extract, or liquid distillate form, possession of L.S.D. is a	1456
felony of the third degree, and there is a presumption for a	1457
prison term for the offense.	1458

(d) If the amount of L.S.D. involved equals or exceeds two	1459
hundred fifty unit doses but is less than one thousand unit doses	1460
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1461
but is less than one hundred grams of L.S.D. in a liquid	1462
concentrate, liquid extract, or liquid distillate form, possession	1463
of L.S.D. is a felony of the second degree, and the court shall	1464
impose as a mandatory prison term one of the prison terms	1465
prescribed for a felony of the second degree.	1466

(e) If the amount of L.S.D. involved equals or exceeds one	1467
thousand unit doses but is less than five thousand unit doses of	1468
L.S.D. in a solid form or equals or exceeds one hundred grams but	1469
is less than five hundred grams of L.S.D. in a liquid concentrate,	1470
liquid extract, or liquid distillate form, possession of L.S.D. is	1471
a felony of the first degree, and the court shall impose as a	1472
mandatory prison term one of the prison terms prescribed for a	1473
felony of the first degree.	1474

(f) If the amount of L.S.D. involved equals or exceeds five	1475
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1476
five hundred grams of L.S.D. in a liquid concentrate, liquid	1477
extract, or liquid distillate form, possession of L.S.D. is a	1478
felony of the first degree, the offender is a major drug offender,	1479
and the court shall impose as a mandatory prison term the maximum	1480
prison term prescribed for a felony of the first degree and may	1481
impose an additional mandatory prison term prescribed for a major	1482
drug offender under division (D)(3)(b) of section 2929.14 of the	1483
Revised Code.	1484

(6) If the drug involved in the violation is heroin or a	1485
compound, mixture, preparation, or substance containing heroin,	1486
whoever violates division (A) of this section is guilty of	1487
possession of heroin. The penalty for the offense shall be	1488
determined as follows:	1489

(a) Except as otherwise provided in division (C)(6)(b), (c),	1490
(d), (e), or (f) of this section, possession of heroin is a felony	1491
of the fifth degree, and division (B) of section 2929.13 of the	1492
Revised Code applies in determining whether to impose a prison	1493
term on the offender.	1494

(b) If the amount of the drug involved equals or exceeds ten	1495
unit doses but is less than fifty unit doses or equals or exceeds	1496
one gram but is less than five grams, possession of heroin is a	1497
felony of the fourth degree, and division (C) of section 2929.13	1498
of the Revised Code applies in determining whether to impose a	1499
prison term on the offender.	1500

(c) If the amount of the drug involved equals or exceeds	1501
fifty unit doses but is less than one hundred unit doses or equals	1502
or exceeds five grams but is less than ten grams, possession of	1503
heroin is a felony of the third degree, and there is a presumption	1504
for a prison term for the offense.	1505

(d) If the amount of the drug involved equals or exceeds one	1506
hundred unit doses but is less than five hundred unit doses or	1507
equals or exceeds ten grams but is less than fifty grams,	1508
possession of heroin is a felony of the second degree, and the	1509
court shall impose as a mandatory prison term one of the prison	1510
terms prescribed for a felony of the second degree.	1511

(e) If the amount of the drug involved equals or exceeds five	1512
hundred unit doses but is less than two thousand five hundred unit	1513
doses or equals or exceeds fifty grams but is less than two	1514
hundred fifty grams, possession of heroin is a felony of the first	1515
degree, and the court shall impose as a mandatory prison term one	1516
of the prison terms prescribed for a felony of the first degree.	1517

(f) If the amount of the drug involved equals or exceeds two	1518
thousand five hundred unit doses or equals or exceeds two hundred	1519
fifty grams, possession of heroin is a felony of the first degree,	1520
the offender is a major drug offender, and the court shall impose	1521
as a mandatory prison term the maximum prison term prescribed for	1522
a felony of the first degree and may impose an additional	1523
mandatory prison term prescribed for a major drug offender under	1524
division (D)(3)(b) of section 2929.14 of the Revised Code.	1525

(7) If the drug involved in the violation is hashish or a	1526
compound, mixture, preparation, or substance containing hashish,	1527
whoever violates division (A) of this section is guilty of	1528
possession of hashish. The penalty for the offense shall be	1529
determined as follows:	1530

(a) Except as otherwise provided in division (C)(7)(b), (c),	1531
(d), (e), or (f) of this section, possession of hashish is a minor	1532
misdemeanor.	1533

(b) If the amount of the drug involved equals or exceeds five	1534
grams but is less than ten grams of hashish in a solid form or	1535
equals or exceeds one gram but is less than two grams of hashish	1536
in a liquid concentrate, liquid extract, or liquid distillate	1537
form, possession of hashish is a misdemeanor of the fourth degree.	1538

(c) If the amount of the drug involved equals or exceeds ten	1539
grams but is less than fifty grams of hashish in a solid form or	1540
equals or exceeds two grams but is less than ten grams of hashish	1541
in a liquid concentrate, liquid extract, or liquid distillate	1542
form, possession of hashish is a felony of the fifth degree, and	1543
division (B) of section 2929.13 of the Revised Code applies in	1544
determining whether to impose a prison term on the offender.	1545

(d) If the amount of the drug involved equals or exceeds	1546
fifty grams but is less than two hundred fifty grams of hashish in	1547
a solid form or equals or exceeds ten grams but is less than fifty	1548
grams of hashish in a liquid concentrate, liquid extract, or	1549
liquid distillate form, possession of hashish is a felony of the	1550
third degree, and division (C) of section 2929.13 of the Revised	1551
Code applies in determining whether to impose a prison term on the	1552
offender.	1553

(e) If the amount of the drug involved equals or exceeds two	1554
hundred fifty grams but is less than one thousand grams of hashish	1555
in a solid form or equals or exceeds fifty grams but is less than	1556
two hundred grams of hashish in a liquid concentrate, liquid	1557
extract, or liquid distillate form, possession of hashish is a	1558
felony of the third degree, and there is a presumption that a	1559
prison term shall be imposed for the offense.	1560

(f) If the amount of the drug involved equals or exceeds one	1561
thousand grams of hashish in a solid form or equals or exceeds two	1562
hundred grams of hashish in a liquid concentrate, liquid extract,	1563
or liquid distillate form, possession of hashish is a felony of	1564
the second degree, and the court shall impose as a mandatory	1565
prison term the maximum prison term prescribed for a felony of the	1566
second degree.	1567

(D) Arrest or conviction for a minor misdemeanor violation of	1568
this section does not constitute a criminal record and need not be	1569
reported by the person so arrested or convicted in response to any	1570
inquiries about the person's criminal record, including any	1571
inquiries contained in any application for employment, license, or	1572
other right or privilege, or made in connection with the person's	1573
appearance as a witness.	1574

(E) In addition to any prison term or jail term authorized or	1575
required by division (C) of this section and sections 2929.13,	1576
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1577
addition to any other sanction that is imposed for the offense	1578
under this section, sections 2929.11 to 2929.18, or sections	1579
2929.21 to 2929.28 of the Revised Code, the court that sentences	1580
an offender who is convicted of or pleads guilty to a violation of	1581
division (A) of this section shall do all of the following that	1582
are applicable regarding the offender:	1583

(1)(a) If the violation is a felony of the first, second, or	1584
third degree, the court shall impose upon the offender the	1585
mandatory fine specified for the offense under division (B)(1) of	1586
section 2929.18 of the Revised Code unless, as specified in that	1587
division, the court determines that the offender is indigent.	1588

(b) Notwithstanding any contrary provision of section 3719.21	1589
of the Revised Code, the clerk of the court shall pay a mandatory	1590
fine or other fine imposed for a violation of this section	1591
pursuant to division (A) of section 2929.18 of the Revised Code in	1592
accordance with and subject to the requirements of division (F) of	1593
section 2925.03 of the Revised Code. The agency that receives the	1594
fine shall use the fine as specified in division (F) of section	1595
2925.03 of the Revised Code.	1596

(c) If a person is charged with a violation of this section	1597
that is a felony of the first, second, or third degree, posts	1598
bail, and forfeits the bail, the clerk shall pay the forfeited	1599
bail pursuant to division (E)(1)(b) of this section as if it were	1600
a mandatory fine imposed under division (E)(1)(a) of this section.	1601

(2) The court shall suspend for not less than six months or	1602
more than five years the offender's driver's or commercial	1603
driver's license or permit.	1604

(3) If the offender is a professionally licensed person, in	1605
addition to any other sanction imposed for a violation of this	1606
section, the court immediately shall comply with section 2925.38	1607
of the Revised Code.	1608

(F) It is an affirmative defense, as provided in section	1609
2901.05 of the Revised Code, to a charge of a fourth degree felony	1610
violation under this section that the controlled substance that	1611
gave rise to the charge is in an amount, is in a form, is	1612
prepared, compounded, or mixed with substances that are not	1613
controlled substances in a manner, or is possessed under any other	1614
circumstances, that indicate that the substance was possessed	1615
solely for personal use. Notwithstanding any contrary provision of	1616
this section, if, in accordance with section 2901.05 of the	1617
Revised Code, an accused who is charged with a fourth degree	1618
felony violation of division (C)(2), (4), (5), or (6) of this	1619
section sustains the burden of going forward with evidence of and	1620
establishes by a preponderance of the evidence the affirmative	1621
defense described in this division, the accused may be prosecuted	1622
for and may plead guilty to or be convicted of a misdemeanor	1623
violation of division (C)(2) of this section or a fifth degree	1624
felony violation of division (C)(4), (5), or (6) of this section	1625
respectively.	1626

(G) When a person is charged with possessing a bulk amount or	1627
multiple of a bulk amount, division (E) of section 2925.03 of the	1628
Revised Code applies regarding the determination of the amount of	1629
the controlled substance involved at the time of the offense.	1630

Sec. 2925.12.  (A) No person shall knowingly make, obtain,	1631
possess, or use any instrument, article, or thing the customary	1632
and primary purpose of which is for the administration or use of a	1633
dangerous drug, other than marihuana, when the instrument involved	1634
is a hypodermic or syringe, whether or not of crude or	1635
extemporized manufacture or assembly, and the instrument, article,	1636
or thing involved has been used by the offender to unlawfully	1637
administer or use a dangerous drug, other than marihuana, or to	1638
prepare a dangerous drug, other than marihuana, for unlawful	1639
administration or use.	1640

(B) This section does not apply to manufacturers, licensed	1641
health professionals authorized to prescribe drugs, pharmacists,	1642
owners of pharmacies, and other persons whose conduct was in	1643
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	1644
and 4741. of the Revised Code.	1645

(C) Whoever violates this section is guilty of possessing	1646
drug abuse instruments, a misdemeanor of the second degree. If the	1647
offender previously has been convicted of a drug abuse offense, a	1648
violation of this section is a misdemeanor of the first degree.	1649

(D) In addition to any other sanction imposed upon an	1650
offender for a violation of this section, the court shall suspend	1651
for not less than six months or more than five years the	1652
offender's driver's or commercial driver's license or permit. If	1653
the offender is a professionally licensed person, in addition to	1654
any other sanction imposed for a violation of this section, the	1655
court immediately shall comply with section 2925.38 of the Revised	1656
Code.	1657

Sec. 2925.14.  (A) As used in this section, "drug	1658
paraphernalia" means any equipment, product, or material of any	1659
kind that is used by the offender, intended by the offender for	1660
use, or designed for use, in propagating, cultivating, growing,	1661
harvesting, manufacturing, compounding, converting, producing,	1662
processing, preparing, testing, analyzing, packaging, repackaging,	1663
storing, containing, concealing, injecting, ingesting, inhaling,	1664
or otherwise introducing into the human body, a controlled	1665
substance in violation of this chapter. "Drug paraphernalia"	1666
includes, but is not limited to, any of the following equipment,	1667
products, or materials that are used by the offender, intended by	1668
the offender for use, or designed by the offender for use, in any	1669
of the following manners:	1670

(1) A kit for propagating, cultivating, growing, or	1671
harvesting any species of a plant that is a controlled substance	1672
or from which a controlled substance can be derived;	1673

(2) A kit for manufacturing, compounding, converting,	1674
producing, processing, or preparing a controlled substance;	1675

(3) Any object, instrument, or device for manufacturing,	1676
compounding, converting, producing, processing, or preparing	1677
methamphetamine or any salt, isomer, or salt of an isomer of	1678
methamphetamine;	1679

(4) An isomerization device for increasing the potency of any	1680
species of a plant that is a controlled substance;	1681

(5) Testing equipment for identifying, or analyzing the	1682
strength, effectiveness, or purity of, a controlled substance;	1683

(6) A scale or balance for weighing or measuring a controlled	1684
substance;	1685

(7) A diluent or adulterant, such as quinine hydrochloride,	1686
mannitol, mannite, dextrose, or lactose, for cutting a controlled	1687
substance;	1688

(8) A separation gin or sifter for removing twigs and seeds	1689
from, or otherwise cleaning or refining, marihuana;	1690

(9) A blender, bowl, container, spoon, or mixing device for	1691
compounding a controlled substance;	1692

(10) A capsule, balloon, envelope, or container for packaging	1693
small quantities of a controlled substance;	1694

(11) A container or device for storing or concealing a	1695
controlled substance;	1696

(12) A hypodermic syringe, needle, or instrument for	1697
parenterally injecting a controlled substance into the human body;	1698

(13) An object, instrument, or device for ingesting,	1699
inhaling, or otherwise introducing into the human body, marihuana,	1700
cocaine, hashish, or hashish oil, such as a metal, wooden,	1701
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	1702
screen, permanent screen, hashish head, or punctured metal bowl;	1703
water pipe; carburetion tube or device; smoking or carburetion	1704
mask; roach clip or similar object used to hold burning material,	1705
such as a marihuana cigarette, that has become too small or too	1706
short to be held in the hand; miniature cocaine spoon, or cocaine	1707
vial; chamber pipe; carburetor pipe; electric pipe; air driver	1708
pipe; chillum; bong; or ice pipe or chiller.	1709

(B) In determining if any equipment, product, or material is	1710
drug paraphernalia, a court or law enforcement officer shall	1711
consider, in addition to other relevant factors, the following:	1712

(1) Any statement by the owner, or by anyone in control, of	1713
the equipment, product, or material, concerning its use;	1714

(2) The proximity in time or space of the equipment, product,	1715
or material, or of the act relating to the equipment, product, or	1716
material, to a violation of any provision of this chapter;	1717

(3) The proximity of the equipment, product, or material to	1718
any controlled substance;	1719

(4) The existence of any residue of a controlled substance on	1720
the equipment, product, or material;	1721

(5) Direct or circumstantial evidence of the intent of the	1722
owner, or of anyone in control, of the equipment, product, or	1723
material, to deliver it to any person whom the owner or person in	1724
control of the equipment, product, or material knows intends to	1725
use the object to facilitate a violation of any provision of this	1726
chapter. A finding that the owner, or anyone in control, of the	1727
equipment, product, or material, is not guilty of a violation of	1728
any other provision of this chapter does not prevent a finding	1729
that the equipment, product, or material was intended or designed	1730
by the offender for use as drug paraphernalia.	1731

(6) Any oral or written instruction provided with the	1732
equipment, product, or material concerning its use;	1733

(7) Any descriptive material accompanying the equipment,	1734
product, or material and explaining or depicting its use;	1735

(8) National or local advertising concerning the use of the	1736
equipment, product, or material;	1737

(9) The manner and circumstances in which the equipment,	1738
product, or material is displayed for sale;	1739

(10) Direct or circumstantial evidence of the ratio of the	1740
sales of the equipment, product, or material to the total sales of	1741
the business enterprise;	1742

(11) The existence and scope of legitimate uses of the	1743
equipment, product, or material in the community;	1744

(12) Expert testimony concerning the use of the equipment,	1745
product, or material.	1746

(C)(1) No person shall knowingly use, or possess with purpose	1747
to use, drug paraphernalia.	1748

(2) No person shall knowingly sell, or possess or manufacture	1749
with purpose to sell, drug paraphernalia, if the person knows or	1750
reasonably should know that the equipment, product, or material	1751
will be used as drug paraphernalia.	1752

(3) No person shall place an advertisement in any newspaper,	1753
magazine, handbill, or other publication that is published and	1754
printed and circulates primarily within this state, if the person	1755
knows that the purpose of the advertisement is to promote the	1756
illegal sale in this state of the equipment, product, or material	1757
that the offender intended or designed for use as drug	1758
paraphernalia.	1759

(D) This section does not apply to manufacturers, licensed	1760
health professionals authorized to prescribe drugs, pharmacists,	1761
owners of pharmacies, and other persons whose conduct is in	1762
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	1763
and 4741. of the Revised Code. This section shall not be construed	1764
to prohibit the possession or use of a hypodermic as authorized by	1765
section 3719.172 of the Revised Code.	1766

(E) Notwithstanding sections 2933.42 and 2933.43 of the	1767
Revised Code, any drug paraphernalia that was used, possessed,	1768
sold, or manufactured in a violation of this section shall be	1769
seized, after a conviction for that violation shall be forfeited,	1770
and upon forfeiture shall be disposed of pursuant to division	1771
(D)(8) of section 2933.41 of the Revised Code.	1772

(F)(1) Whoever violates division (C)(1) of this section is	1773
guilty of illegal use or possession of drug paraphernalia, a	1774
misdemeanor of the fourth degree.	1775

(2) Except as provided in division (F)(3) of this section,	1776
whoever violates division (C)(2) of this section is guilty of	1777
dealing in drug paraphernalia, a misdemeanor of the second degree.	1778

(3) Whoever violates division (C)(2) of this section by	1779
selling drug paraphernalia to a juvenile is guilty of selling drug	1780
paraphernalia to juveniles, a misdemeanor of the first degree.	1781

(4) Whoever violates division (C)(3) of this section is	1782
guilty of illegal advertising of drug paraphernalia, a misdemeanor	1783
of the second degree.	1784

(G) In addition to any other sanction imposed upon an	1785
offender for a violation of this section, the court shall suspend	1786
for not less than six months or more than five years the	1787
offender's driver's or commercial driver's license or permit. If	1788
the offender is a professionally licensed person, in addition to	1789
any other sanction imposed for a violation of this section, the	1790
court immediately shall comply with section 2925.38 of the Revised	1791
Code.	1792

Sec. 2925.23.  (A) No person shall knowingly make a false	1793
statement in any prescription, order, report, or record required	1794
by Chapter 3719. or 4729. of the Revised Code.	1795

(B) No person shall intentionally make, utter, or sell, or	1796
knowingly possess any of the following that is a false or forged:	1797

(1) Prescription;

1798

(2) Uncompleted preprinted prescription blank used for	1799
writing a prescription;	1800

(3) Official written order;

1801

(4) License for a terminal distributor of dangerous drugs as	1802
required in section 4729.60 of the Revised Code;	1803

(5) Registration certificate for a wholesale distributor of	1804
dangerous drugs as required in section 4729.60 of the Revised	1805
Code.	1806

(C) No person, by theft as defined in section 2913.02 of the	1807
Revised Code, shall acquire any of the following:	1808

(1) A prescription;

1809

(2) An uncompleted preprinted prescription blank used for	1810
writing a prescription;	1811

(3) An official written order;

1812

(4) A blank official written order;

1813

(5) A license or blank license for a terminal distributor of	1814
dangerous drugs as required in section 4729.60 of the Revised	1815
Code;	1816

(6) A registration certificate or blank registration	1817
certificate for a wholesale distributor of dangerous drugs as	1818
required in section 4729.60 of the Revised Code.	1819

(D) No person shall knowingly make or affix any false or	1820
forged label to a package or receptacle containing any dangerous	1821
drugs.	1822

(E) Divisions (A) and (D) of this section do not apply to	1823
licensed health professionals authorized to prescribe drugs,	1824
pharmacists, owners of pharmacies, and other persons whose conduct	1825
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	1826
4730., 4731., and 4741. of the Revised Code.	1827

(F) Whoever violates this section is guilty of illegal	1828
processing of drug documents. If the offender violates division	1829
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	1830
section, illegal processing of drug documents is a felony of the	1831
fifth degree. If the offender violates division (A), division	1832
(B)(1) or (3), division (C)(1) or (3), or division (D) of this	1833
section, the penalty for illegal processing of drug documents	1834
shall be determined as follows:	1835

(1) If the drug involved is a compound, mixture, preparation,	1836
or substance included in schedule I or II, with the exception of	1837
marihuana, illegal processing of drug documents is a felony of the	1838
fourth degree, and division (C) of section 2929.13 of the Revised	1839
Code applies in determining whether to impose a prison term on the	1840
offender.	1841

(2) If the drug involved is a dangerous drug or a compound,	1842
mixture, preparation, or substance included in schedule III, IV,	1843
or V or is marihuana, illegal processing of drug documents is a	1844
felony of the fifth degree, and division (C) of section 2929.13 of	1845
the Revised Code applies in determining whether to impose a prison	1846
term on the offender.	1847

(G) In addition to any prison term authorized or required by	1848
division (F) of this section and sections 2929.13 and 2929.14 of	1849
the Revised Code and in addition to any other sanction imposed for	1850
the offense under this section or sections 2929.11 to 2929.18 of	1851
the Revised Code, the court that sentences an offender who is	1852
convicted of or pleads guilty to any violation of divisions (A) to	1853
(D) of this section shall do both of the following:	1854

(1) The court shall suspend for not less than six months or	1855
more than five years the offender's driver's or commercial	1856
driver's license or permit.	1857

(2) If the offender is a professionally licensed person, in	1858
addition to any other sanction imposed for a violation of this	1859
section, the court immediately shall comply with section 2925.38	1860
of the Revised Code.	1861

(H) Notwithstanding any contrary provision of section 3719.21	1862
of the Revised Code, the clerk of court shall pay a fine imposed	1863
for a violation of this section pursuant to division (A) of	1864
section 2929.18 of the Revised Code in accordance with and subject	1865
to the requirements of division (F) of section 2925.03 of the	1866
Revised Code. The agency that receives the fine shall use the fine	1867
as specified in division (F) of section 2925.03 of the Revised	1868
Code.	1869

Sec. 2925.36.  (A) No person shall knowingly furnish another	1870
a sample drug.	1871

(B) Division (A) of this section does not apply to	1872
manufacturers, wholesalers, pharmacists, owners of pharmacies,	1873
licensed health professionals authorized to prescribe drugs, and	1874
other persons whose conduct is in accordance with Chapters 3719.,	1875
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised	1876
Code.	1877

(C)(1) Whoever violates this section is guilty of illegal	1878
dispensing of drug samples.	1879

(2) If the drug involved in the offense is a compound,	1880
mixture, preparation, or substance included in schedule I or II,	1881
with the exception of marihuana, the penalty for the offense shall	1882
be determined as follows:	1883

(a) Except as otherwise provided in division (C)(2)(b) of	1884
this section, illegal dispensing of drug samples is a felony of	1885
the fifth degree, and, subject to division (E) of this section,	1886
division (C) of section 2929.13 of the Revised Code applies in	1887
determining whether to impose a prison term on the offender.	1888

(b) If the offense was committed in the vicinity of a school	1889
or in the vicinity of a juvenile, illegal dispensing of drug	1890
samples is a felony of the fourth degree, and, subject to division	1891
(E) of this section, division (C) of section 2929.13 of the	1892
Revised Code applies in determining whether to impose a prison	1893
term on the offender.	1894

(3) If the drug involved in the offense is a dangerous drug	1895
or a compound, mixture, preparation, or substance included in	1896
schedule III, IV, or V, or is marihuana, the penalty for the	1897
offense shall be determined as follows:	1898

(a) Except as otherwise provided in division (C)(3)(b) of	1899
this section, illegal dispensing of drug samples is a misdemeanor	1900
of the second degree.	1901

(b) If the offense was committed in the vicinity of a school	1902
or in the vicinity of a juvenile, illegal dispensing of drug	1903
samples is a misdemeanor of the first degree.	1904

(D) In addition to any prison term authorized or required by	1905
division (C) or (E) of this section and sections 2929.13 and	1906
2929.14 of the Revised Code and in addition to any other sanction	1907
imposed for the offense under this section or sections 2929.11 to	1908
2929.18 of the Revised Code, the court that sentences an offender	1909
who is convicted of or pleads guilty to a violation of division	1910
(A) of this section shall do both of the following:	1911

(1) The court shall suspend for not less than six months or	1912
more than five years the offender's driver's or commercial	1913
driver's license or permit.	1914

(2) If the offender is a professionally licensed person, in	1915
addition to any other sanction imposed for a violation of this	1916
section, the court immediately shall comply with section 2925.38	1917
of the Revised Code.	1918

(E) Notwithstanding the prison term authorized or required by	1919
division (C) of this section and sections 2929.13 and 2929.14 of	1920
the Revised Code, if the violation of division (A) of this section	1921
involves the sale, offer to sell, or possession of a schedule I or	1922
II controlled substance, with the exception of marihuana, and if	1923
the court imposing sentence upon the offender finds that the	1924
offender as a result of the violation is a major drug offender and	1925
is guilty of a specification of the type described in section	1926
2941.1410 of the Revised Code, the court, in lieu of the prison	1927
term otherwise authorized or required, shall impose upon the	1928
offender the mandatory prison term specified in division (D)(3)(a)	1929
of section 2929.14 of the Revised Code and may impose an	1930
additional prison term under division (D)(3)(b) of that section.	1931

(F) Notwithstanding any contrary provision of section 3719.21	1932
of the Revised Code, the clerk of the court shall pay a fine	1933
imposed for a violation of this section pursuant to division (A)	1934
of section 2929.18 of the Revised Code in accordance with and	1935
subject to the requirements of division (F) of section 2925.03 of	1936
the Revised Code. The agency that receives the fine shall use the	1937
fine as specified in division (F) of section 2925.03 of the	1938
Revised Code.	1939

Sec. 3327.10.  (A) No person shall be employed as driver of a	1940
school bus or motor van, owned and operated by any school district	1941
or educational service center or privately owned and operated	1942
under contract with any school district or service center in this	1943
state, who has not received a certificate from the educational	1944
service center governing board in case such person is employed by	1945
a service center or by a local school district under the	1946
supervision of the service center governing board, or by the	1947
superintendent of schools, in case such person is employed by the	1948
board of a city or exempted village school district, certifying	1949
that such person is at least eighteen years of age and is of good	1950
moral character and is qualified physically and otherwise for such	1951
position. The service center governing board or the	1952
superintendent, as the case may be, shall provide for an annual	1953
physical examination that conforms with rules adopted by the state	1954
board of education of each driver to ascertain the driver's	1955
physical fitness for such employment. Any certificate may be	1956
revoked by the authority granting the same on proof that the	1957
holder has been guilty of failing to comply with division (D)(1)	1958
of this section, or upon a conviction or a guilty plea for a	1959
violation, or any other action, that results in a loss or	1960
suspension of driving rights. Failure to comply with such division	1961
may be cause for disciplinary action or termination of employment	1962
under division (C) of section 3319.081, or section 124.34 of the	1963
Revised Code.	1964

(B) No person shall be employed as driver of a school bus or	1965
motor van not subject to the rules of the department of education	1966
pursuant to division (A) of this section who has not received a	1967
certificate from the school administrator or contractor certifying	1968
that such person is at least eighteen years of age, is of good	1969
moral character, and is qualified physically and otherwise for	1970
such position. Each driver shall have an annual physical	1971
examination which conforms to the state highway patrol rules,	1972
ascertaining the driver's physical fitness for such employment.	1973
The examination shall be performed by one of the following:	1974

(1) A person licensed under Chapter 4731. of the Revised Code	1975
or by another state to practice medicine and surgery or	1976
osteopathic medicine and surgery;	1977

(2) A physician assistant, a;

1978

(3) A certified nurse practitioner, a;

1979

(4) A clinical nurse specialist, or a;

1980

(5) A certified nurse-midwife.

1981

Any written documentation of the physical examination shall	1982
be completed by the individual who performed the examination.	1983

Any certificate may be revoked by the authority granting the	1984
same on proof that the holder has been guilty of failing to comply	1985
with division (D)(2) of this section.	1986

(C) Any person who drives a school bus or motor van must give	1987
satisfactory and sufficient bond except a driver who is an	1988
employee of a school district and who drives a bus or motor van	1989
owned by the school district.	1990

(D) No person employed as driver of a school bus or motor van	1991
under this section who is convicted of a traffic violation or who	1992
has had the person's commercial driver's license suspended shall	1993
drive a school bus or motor van until the person has filed a	1994
written notice of the conviction or suspension, as follows:	1995

(1) If the person is employed under division (A) of this	1996
section, the person shall file the notice with the superintendent,	1997
or a person designated by the superintendent, of the school	1998
district for which the person drives a school bus or motor van as	1999
an employee or drives a privately owned and operated school bus or	2000
motor van under contract.	2001

(2) If employed under division (B) of this section, the	2002
person shall file the notice with the employing school	2003
administrator or contractor, or a person designated by the	2004
administrator or contractor.	2005

(E) In addition to resulting in possible revocation of a	2006
certificate as authorized by divisions (A) and (B) of this	2007
section, violation of division (D) of this section is a minor	2008
misdemeanor.	2009

Sec. 3331.02. (A) The superintendent of schools or the chief	2010
administrative officer, as appropriate pursuant to section 3331.01	2011
of the Revised Code, shall not issue an age and schooling	2012
certificate until the superintendent or chief administrative	2013
officer has received, examined, approved, and filed the following	2014
papers duly executed:	2015

(1) The written pledge or promise of the person, partnership,	2016
or corporation to legally employ the child, and for this purpose	2017
work performed by a minor, directly and exclusively for the	2018
benefit of such minor's parent, in the farm home or on the farm of	2019
such parent is legal employment, irrespective of any contract of	2020
employment, or the absence thereof, to permit the child to attend	2021
school as provided in section 3321.08 of the Revised Code, and	2022
give notice of the nonuse of an age and schooling certificate	2023
within five days from the date of the child's withdrawal or	2024
dismissal from the service of that person, partnership, or	2025
corporation, giving the reasons for such withdrawal or dismissal;	2026

(2) The child's school record or notification. As used in	2027
this division, a "school record" means documents properly filled	2028
out and signed by the person in charge of the school which the	2029
child last attended, giving the recorded age of the child, the	2030
child's address, standing in studies, rating in conduct, and	2031
attendance in days during the school year of the child's last	2032
attendance; "notification" means the information submitted to the	2033
superintendent by the parent of a child excused from attendance at	2034
school pursuant to division (A)(2) of section 3321.04 of the	2035
Revised Code, as the notification is required by rules adopted by	2036
the department of education.	2037

(3) Evidence of the age of the child as follows:

2038

(a) A certified copy of an original birth record or a	2039
certification of birth, issued in accordance with Chapter 3705. of	2040
the Revised Code, or by an officer charged with the duty of	2041
recording births in another state or country, shall be conclusive	2042
evidence of the age of the child;	2043

(b) In the absence of such birth record or certification of	2044
birth, a passport, or duly attested transcript thereof, showing	2045
the date and place of birth of the child, filed with a register of	2046
passports at a port of entry of the United States; or an attested	2047
transcript of the certificate of birth or baptism or other	2048
religious record, showing the date and place of birth of the	2049
child, shall be conclusive evidence of the age of the child;	2050

(c) In case none of the above proofs of age can be produced,	2051
other documentary evidence, except the affidavit of the parent,	2052
guardian, or custodian, satisfactory to the superintendent or	2053
chief administrative officer may be accepted in lieu thereof;	2054

(d) In case no documentary proof of age can be procured, the	2055
superintendent or chief administrative officer may receive and	2056
file an application signed by the parent, guardian, or custodian	2057
of the child that a medical certificate be secured to establish	2058
the sufficiency of the age of the child, which application shall	2059
state the alleged age of the child, the place and date of birth,	2060
the child's present residence, and such further facts as may be of	2061
assistance in determining the age of the child, and shall certify	2062
that the person signing the application is unable to obtain any of	2063
the documentary proofs specified in divisions (A)(3)(a), (b), and	2064
(c) of this section; and if the superintendent or chief	2065
administrative officer is satisfied that a reasonable effort to	2066
procure such documentary proof has been without success such	2067
application shall be granted and the certificate of the school	2068
physician or if there be none, of a physician, a physician	2069
assistant, a clinical nurse specialist, or a certified nurse	2070
practitioner employed by the board of education, that said	2071
physician, physician assistant, clinical nurse specialist, or	2072
certified nurse practitioner is satisfied that the child is above	2073
the age required for an age and schooling certificate as stated in	2074
section 3331.01 of the Revised Code, shall be accepted as	2075
sufficient evidence of age;	2076

(4) A certificate, including an athletic certificate of	2077
examination, from a physician licensed pursuant to Chapter 4731.	2078
of the Revised Code, a physician assistant licensed pursuant to	2079
Chapter 4730. of the Revised Code, a physician assistant, a	2080
clinical nurse specialist, or a certified nurse practitioner, or	2081
from the district health commissioner, showing after a thorough	2082
examination that the child is physically fit to be employed in	2083
such occupations as are not prohibited by law for a boy or girl,	2084
as the case may be, under eighteen years of age; but a certificate	2085
with "limited" written, printed, marked, or stamped thereon may be	2086
furnished by such physician, physician assistant, clinical nurse	2087
specialist, or certified nurse practitioner and accepted by the	2088
superintendent or chief administrative officer in issuing a	2089
"limited" age and schooling certificate provided in section	2090
3331.06 of the Revised Code, showing that the child is physically	2091
fit to be employed in some particular occupation not prohibited by	2092
law for a boy or girl of such child's age, as the case may be,	2093
even if the child's complete physical ability to engage in such	2094
occupation cannot be vouched for.	2095

(B)(1) Except as provided in division (B)(2) of this section,	2096
a physical fitness certificate described in division (A)(4) of	2097
this section is valid for purposes of that division while the	2098
child remains employed in job duties of a similar nature as the	2099
job duties for which the child last was issued an age and	2100
schooling certificate. The superintendent or chief administrative	2101
officer who issues an age and schooling certificate shall	2102
determine whether job duties are similar for purposes of this	2103
division.	2104

(2) A "limited" physical fitness certificate described in	2105
division (A)(4) of this section is valid for one year.	2106

(C) The superintendent of schools or the chief administrative	2107
officer shall require a child who resides out of this state to	2108
file all the information required under division (A) of this	2109
section. The superintendent of schools or the chief administrative	2110
officer shall evaluate the information filed and determine whether	2111
to issue the age and schooling certificate using the same	2112
standards as those the superintendent or officer uses for in-state	2113
children.	2114

Sec. 3719.06.  (A)(1) A licensed health professional	2115
authorized to prescribe drugs, if acting in the course of	2116
professional practice, in accordance with the laws regulating the	2117
professional's practice, and in accordance with rules adopted by	2118
the state board of pharmacy, may, except as provided in division	2119
(A)(2) or (3) of this section, do the following:	2120

(a) Prescribe schedule II, III, IV, and V controlled	2121
substances;	2122

(b) Administer or personally furnish to patients schedule II,	2123
III, IV, and V controlled substances;	2124

(c) Cause schedule II, III, IV, and V controlled substances	2125
to be administered under the prescriber's direction and	2126
supervision.	2127

(2) A licensed health professional authorized to prescribe	2128
drugs who is a clinical nurse specialist, certified nurse-midwife,	2129
or certified nurse practitioner is subject to both of the	2130
following:	2131

(a) A schedule II controlled substance may be prescribed only	2132
for a patient with a terminal condition, as defined in section	2133
2133.01 of the Revised Code, only if the nurse's collaborating	2134
physician initially prescribed the substance for the patient, and	2135
only in an amount that does not exceed the amount necessary for	2136
the patient's use in a single, twenty-four-hour period.	2137

(b) No schedule II controlled substance shall be personally	2138
furnished to any patient.	2139

(3) A licensed health professional authorized to prescribe	2140
drugs who is a physician assistant shall not prescribe or	2141
personally furnish to patients any controlled substance that is	2142
not included in the physician-delegated prescriptive authority	2143
granted to the physician assistant in accordance with Chapter	2144
4730. of the Revised Code.	2145

(B) No licensed health professional authorized to prescribe	2146
drugs shall prescribe, administer, or personally furnish a	2147
schedule III anabolic steroid for the purpose of human muscle	2148
building or enhancing human athletic performance and no pharmacist	2149
shall dispense a schedule III anabolic steroid for either purpose,	2150
unless it has been approved for that purpose under the "Federal	2151
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.	2152
301, as amended.	2153

(C) Each written prescription shall be properly executed,	2154
dated, and signed by the prescriber on the day when issued and	2155
shall bear the full name and address of the person for whom, or	2156
the owner of the animal for which, the controlled substance is	2157
prescribed and the full name, address, and registry number under	2158
the federal drug abuse control laws of the prescriber. If the	2159
prescription is for an animal, it shall state the species of the	2160
animal for which the controlled substance is prescribed.	2161

Sec. 3719.81.  (A) As used in this section, "sample drug" has	2162
the same meaning as in section 2925.01 of the Revised Code.	2163

(B) A person may furnish another a sample drug, if all of the	2164
following apply:	2165

(1) The sample drug is furnished free of charge by a	2166
manufacturer, manufacturer's representative, or wholesale dealer	2167
in pharmaceuticals to a licensed health professional authorized to	2168
prescribe drugs, or is furnished free of charge by such a	2169
professional to a patient for use as medication;	2170

(2) The sample drug is in the original container in which it	2171
was placed by the manufacturer, and the container is plainly	2172
marked as a sample;	2173

(3) Prior to its being furnished, the sample drug has been	2174
stored under the proper conditions to prevent its deterioration or	2175
contamination;	2176

(4) If the sample drug is of a type which deteriorates with	2177
time, the sample container is plainly marked with the date beyond	2178
which the sample drug is unsafe to use, and the date has not	2179
expired on the sample furnished. Compliance with the labeling	2180
requirements of the "Federal Food, Drug, and Cosmetic Act," 52	2181
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, shall be deemed	2182
compliance with this section.	2183

(5) The sample drug is distributed, stored, or discarded in	2184
such a way that the sample drug may not be acquired or used by any	2185
unauthorized person, or by any person, including a child, for whom	2186
it may present a health or safety hazard.	2187

(C) Division (B) of this section does not do any of the	2188
following:	2189

(1) Apply to or restrict the furnishing of any sample of a	2190
nonnarcotic substance if the substance may, under the "Federal	2191
Food, Drug, and Cosmetic Act" and under the laws of this state,	2192
otherwise be lawfully sold over the counter without a	2193
prescription;	2194

(2) Authorize a licensed health professional authorized to	2195
prescribe drugs who is a clinical nurse specialist, certified	2196
nurse-midwife, or certified nurse practitioner to furnish a sample	2197
drug that is not a drug the nurse is authorized to prescribe;	2198

(3) Authorize an, optometrist, or physician assistant to	2199
furnish a sample drug that is not a drug the optometrist	2200
professional is authorized to prescribe.	2201

(4)(3) Prohibit a licensed health professional authorized to	2202
prescribe drugs, manufacturer of dangerous drugs, wholesale	2203
distributor of dangerous drugs, or representative of a	2204
manufacturer of dangerous drugs from furnishing a sample drug to a	2205
charitable pharmacy in accordance with section 3719.811 of the	2206
Revised Code.	2207

(5)(4) Prohibit a pharmacist working, whether or not for	2208
compensation, in a charitable pharmacy from dispensing a sample	2209
drug to a person in accordance with section 3719.811 of the	2210
Revised Code.	2211

(D) The state board of pharmacy shall, in accordance with	2212
Chapter 119. of the Revised Code, adopt rules as necessary to give	2213
effect to this section.	2214

Sec. 4723.481.  Under a certificate to prescribe issued under	2215
section 4723.48 of the Revised Code, a clinical nurse specialist,	2216
certified nurse-midwife, or certified nurse practitioner is	2217
subject to all of the following:	2218

(A) The nurse shall not prescribe any drug or therapeutic	2219
device that is not included in the types of drugs and devices	2220
listed on the formulary established in rules adopted under section	2221
4723.50 of the Revised Code.	2222

(B) The nurse's prescriptive authority shall not exceed the	2223
prescriptive authority of the collaborating physician or	2224
podiatrist.	2225

(C) The nurse may prescribe a schedule II controlled	2226
substance as specified in division (A)(2) of section 3719.06 of	2227
the Revised Code, but shall not prescribe a schedule II controlled	2228
substance in collaboration with a podiatrist.	2229

(D) The nurse may personally furnish to a patient a sample of	2230
any drug or therapeutic device included in the types of drugs and	2231
devices listed on the formulary, subject to all of the following:	2232

(1) The amount of the sample furnished shall not exceed a	2233
seventy-two-hour supply, except when the minimum available	2234
quantity of the sample is packaged in an amount that is greater	2235
than a seventy-two-hour supply, in which case the nurse may	2236
furnish the sample in the packaged amount.	2237

(2) No charge may be imposed for the sample or for furnishing	2238
it.	2239

(3) Samples of controlled substances may not be personally	2240
furnished.	2241

(E) The nurse may personally furnish to a patient a complete	2242
or partial supply of a drug or therapeutic device included inany	2243
of the types of drugs and devices listed on the formulary, subject	2244
to all of the following:	2245

(1)other than a schedule II controlled substance. The nurse	2246
shall personally furnish complete or partial supplies only	2247
antibiotics, antifungals, scabicides, contraceptives, and prenatal	2248
vitamins.	2249

(2) The nurse shall not furnish the drugs and devices in	2250
locations other than a health department operated by the board of	2251
health of a city or general health district or the authority	2252
having the duties of a board of health under section 3709.05 of	2253
the Revised Code, a federally funded comprehensive primary care	2254
clinic, or a nonprofit health care clinic or programwhen pharmacy	2255
services are not reasonably available, when it is in the best	2256
interest of the patient, or when it is an emergency. The	2257

(3) The nurse shall comply with all safety standards for	2258
personally furnishing supplies of drugs and devices, as	2259
established in rules adopted under section 4723.50 of the Revised	2260
Code.	2261

Sec. 4723.50.  (A) In accordance with Chapter 119. of the	2262
Revised Code, the board of nursing shall adopt rules as necessary	2263
to implement the provisions of this chapter pertaining to the	2264
authority of clinical nurse specialists, certified nurse-midwives,	2265
and certified nurse practitioners to prescribe drugs and	2266
therapeutic devices and the issuance and renewal of certificates	2267
to prescribe. Initial rules shall be adopted not later than twenty	2268
months after the effective date of this section.	2269

The board shall adopt rules that are consistent with the	2270
recommendations the board receives from the committee on	2271
prescriptive governance pursuant to section 4723.492 of the	2272
Revised Code. After reviewing a recommendation submitted by the	2273
committee, the board may either adopt the recommendation as a rule	2274
or ask the committee to reconsider and resubmit the	2275
recommendation. The board shall not adopt any rule that does not	2276
conform to a recommendation made by the committee.	2277

(B) The board shall adopt rules under this section that do	2278
the following:	2279

(1) Establish a formulary listing the types of drugs and	2280
therapeutic devices that may be prescribed by a clinical nurse	2281
specialist, certified nurse-midwife, or certified nurse	2282
practitioner. The formulary may include controlled substances, as	2283
defined in section 3719.01 of the Revised Code. The formulary	2284
shall not permit the prescribing of any drug or device to perform	2285
or induce an abortion.	2286

(2) Establish safety standards to be followed by a nurse when	2287
personally furnishing to patients complete or partial supplies of	2288
antibiotics, antifungals, scabicides, contraceptives, and prenatal	2289
vitaminsdrugs and therapeutic devices.	2290

(3) Establish criteria for the components of the standard	2291
care arrangements described in section 4723.431 of the Revised	2292
Code that apply to a nurse's authority to prescribe. The rules	2293
shall be consistent with that section and include all of the	2294
following:	2295

(a) Quality assurance standards;

2296

(b) Standards for periodic review by a collaborating	2297
physician or podiatrist of the records of patients treated by the	2298
nurse;	2299

(c) Acceptable travel time between the location at which the	2300
nurse is engaging in the prescribing components of the nurse's	2301
practice and the location of the nurse's collaborating physician	2302
or podiatrist;	2303

(d) Any other criteria recommended by the committee on	2304
prescriptive governance.	2305

(4) Establish standards and procedures for issuance and	2306
renewal of a certificate to prescribe, including specification of	2307
any additional information the board may require under division	2308
(A)(4) of section 4723.482 or division (B)(3) of section 4723.484	2309
of the Revised Code;	2310

(5) Establish requirements for board approval of the	2311
instruction in advanced pharmacology and related topics required	2312
by section 4723.482 of the Revised Code;	2313

(6) Establish standards and procedures for the appropriate	2314
conduct of an externship required by division (B)(1) of section	2315
4723.484 of the Revised Code, including the following:	2316

(a) Standards and procedures to be used in evaluating a	2317
nurse's participation in an externship. Regardless of the method	2318
of evaluation used, a nurse shall not be required to participate	2319
in an externship longer than one thousand eight hundred hours.	2320

(b) Standards and procedures for the supervision that a	2321
physician must provide during an externship, including supervision	2322
provided by working with the nurse and supervision provided by	2323
making timely reviews of the records of patients treated by the	2324
nurse. The manner in which supervision must be provided may vary	2325
according to the location where the nurse is practicing and with	2326
the nurse's level of experience.	2327

Sec. 4729.01. As used in this chapter:

2328

(A) "Pharmacy," except when used in a context that refers to	2329
the practice of pharmacy, means any area, room, rooms, place of	2330
business, department, or portion of any of the foregoing where the	2331
practice of pharmacy is conducted.	2332

(B) "Practice of pharmacy" means providing pharmacist care	2333
requiring specialized knowledge, judgment, and skill derived from	2334
the principles of biological, chemical, behavioral, social,	2335
pharmaceutical, and clinical sciences. As used in this division,	2336
"pharmacist care" includes the following:	2337

(1) Interpreting prescriptions;

2338

(2) Compounding or dispensing drugs and dispensing drug	2339
therapy related devices;	2340

(3) Counseling individuals with regard to their drug therapy,	2341
recommending drug therapy related devices, and assisting in the	2342
selection of drugs and appliances for treatment of common diseases	2343
and injuries and providing instruction in the proper use of the	2344
drugs and appliances;	2345

(4) Performing drug regimen reviews with individuals by	2346
discussing all of the drugs that the individual is taking and	2347
explaining the interactions of the drugs;	2348

(5) Performing drug utilization reviews with licensed health	2349
professionals authorized to prescribe drugs when the pharmacist	2350
determines that an individual with a prescription has a drug	2351
regimen that warrants additional discussion with the prescriber;	2352

(6) Advising an individual and the health care professionals	2353
treating an individual with regard to the individual's drug	2354
therapy;	2355

(7) Acting pursuant to a consult agreement with a physician	2356
authorized under Chapter 4731. of the Revised Code to practice	2357
medicine and surgery or osteopathic medicine and surgery, if an	2358
agreement has been established with the physician;	2359

(8) Administering the adult immunizations specified in	2360
section 4729.41 of the Revised Code, if the pharmacist has met the	2361
requirements of that section.	2362

(C) "Compounding" means the preparation, mixing, assembling,	2363
packaging, and labeling of one or more drugs in any of the	2364
following circumstances:	2365

(1) Pursuant to a prescription issued by a licensed health	2366
professional authorized to prescribe drugs;	2367

(2) Pursuant to the modification of a prescription made in	2368
accordance with a consult agreement;	2369

(3) As an incident to research, teaching activities, or	2370
chemical analysis;	2371

(4) In anticipation of prescription drug orders based on	2372
routine, regularly observed dispensing patterns.	2373

(D) "Consult agreement" means an agreement to manage an	2374
individual's drug therapy that has been entered into by a	2375
pharmacist and a physician authorized under Chapter 4731. of the	2376
Revised Code to practice medicine and surgery or osteopathic	2377
medicine and surgery.	2378

(E) "Drug" means:

2379

(1) Any article recognized in the United States pharmacopoeia	2380
and national formulary, or any supplement to them, intended for	2381
use in the diagnosis, cure, mitigation, treatment, or prevention	2382
of disease in humans or animals;	2383

(2) Any other article intended for use in the diagnosis,	2384
cure, mitigation, treatment, or prevention of disease in humans or	2385
animals;	2386

(3) Any article, other than food, intended to affect the	2387
structure or any function of the body of humans or animals;	2388

(4) Any article intended for use as a component of any	2389
article specified in division (E)(1), (2), or (3) of this section;	2390
but does not include devices or their components, parts, or	2391
accessories.	2392

(F) "Dangerous drug" means any of the following:

2393

(1) Any drug to which either of the following applies:

2394

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	2395
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	2396
required to bear a label containing the legend "Caution: Federal	2397
law prohibits dispensing without prescription" or "Caution:	2398
Federal law restricts this drug to use by or on the order of a	2399
licensed veterinarian" or any similar restrictive statement, or	2400
the drug may be dispensed only upon a prescription;	2401

(b) Under Chapter 3715. or 3719. of the Revised Code, the	2402
drug may be dispensed only upon a prescription.	2403

(2) Any drug that contains a schedule V controlled substance	2404
and that is exempt from Chapter 3719. of the Revised Code or to	2405
which that chapter does not apply;	2406

(3) Any drug intended for administration by injection into	2407
the human body other than through a natural orifice of the human	2408
body.	2409

(G) "Federal drug abuse control laws" has the same meaning as	2410
in section 3719.01 of the Revised Code.	2411

(H) "Prescription" means a written, electronic, or oral order	2412
for drugs or combinations or mixtures of drugs to be used by a	2413
particular individual or for treating a particular animal, issued	2414
by a licensed health professional authorized to prescribe drugs.	2415

(I) "Licensed health professional authorized to prescribe	2416
drugs" or "prescriber" means an individual who is authorized by	2417
law to prescribe drugs or dangerous drugs or drug therapy related	2418
devices in the course of the individual's professional practice,	2419
including only the following:	2420

(1) A dentist licensed under Chapter 4715. of the Revised	2421
Code;	2422

(2) A clinical nurse specialist, certified nurse-midwife, or	2423
certified nurse practitioner who holds a certificate to prescribe	2424
issued under section 4723.48 of the Revised Code;	2425

(3) An optometrist licensed under Chapter 4725. of the	2426
Revised Code to practice optometry under a therapeutic	2427
pharmaceutical agents certificate;	2428

(4) A physician authorized under Chapter 4731. of the Revised	2429
Code to practice medicine and surgery, osteopathic medicine and	2430
surgery, or podiatry;	2431

(5) A physician assistant who holds a certificate to	2432
prescribe issued under Chapter 4730. of the Revised Code;	2433

(6) A veterinarian licensed under Chapter 4741. of the	2434
Revised Code.	2435

(J) "Sale" and "sell" include delivery, transfer, barter,	2436
exchange, or gift, or offer therefor, and each such transaction	2437
made by any person, whether as principal proprietor, agent, or	2438
employee.	2439

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	2440
which the purpose of the purchaser is to resell the article	2441
purchased or received by the purchaser.	2442

(L) "Retail sale" and "sale at retail" mean any sale other	2443
than a wholesale sale or sale at wholesale.	2444

(M) "Retail seller" means any person that sells any dangerous	2445
drug to consumers without assuming control over and responsibility	2446
for its administration. Mere advice or instructions regarding	2447
administration do not constitute control or establish	2448
responsibility.	2449

(N) "Price information" means the price charged for a	2450
prescription for a particular drug product and, in an easily	2451
understandable manner, all of the following:	2452

(1) The proprietary name of the drug product;

2453

(2) The established (generic) name of the drug product;

2454

(3) The strength of the drug product if the product contains	2455
a single active ingredient or if the drug product contains more	2456
than one active ingredient and a relevant strength can be	2457
associated with the product without indicating each active	2458
ingredient. The established name and quantity of each active	2459
ingredient are required if such a relevant strength cannot be so	2460
associated with a drug product containing more than one	2461
ingredient.	2462

(4) The dosage form;

2463

(5) The price charged for a specific quantity of the drug	2464
product. The stated price shall include all charges to the	2465
consumer, including, but not limited to, the cost of the drug	2466
product, professional fees, handling fees, if any, and a statement	2467
identifying professional services routinely furnished by the	2468
pharmacy. Any mailing fees and delivery fees may be stated	2469
separately without repetition. The information shall not be false	2470
or misleading.	2471

(O) "Wholesale distributor of dangerous drugs" means a person	2472
engaged in the sale of dangerous drugs at wholesale and includes	2473
any agent or employee of such a person authorized by the person to	2474
engage in the sale of dangerous drugs at wholesale.	2475

(P) "Manufacturer of dangerous drugs" means a person, other	2476
than a pharmacist, who manufactures dangerous drugs and who is	2477
engaged in the sale of those dangerous drugs within this state.	2478

(Q) "Terminal distributor of dangerous drugs" means a person	2479
who is engaged in the sale of dangerous drugs at retail, or any	2480
person, other than a wholesale distributor or a pharmacist, who	2481
has possession, custody, or control of dangerous drugs for any	2482
purpose other than for that person's own use and consumption, and	2483
includes pharmacies, hospitals, nursing homes, and laboratories	2484
and all other persons who procure dangerous drugs for sale or	2485
other distribution by or under the supervision of a pharmacist or	2486
licensed health professional authorized to prescribe drugs.	2487

(R) "Promote to the public" means disseminating a	2488
representation to the public in any manner or by any means, other	2489
than by labeling, for the purpose of inducing, or that is likely	2490
to induce, directly or indirectly, the purchase of a dangerous	2491
drug at retail.	2492

(S) "Person" includes any individual, partnership,	2493
association, limited liability company, or corporation, the state,	2494
any political subdivision of the state, and any district,	2495
department, or agency of the state or its political subdivisions.	2496

(T) "Finished dosage form" has the same meaning as in section	2497
3715.01 of the Revised Code.	2498

(U) "Generically equivalent drug" has the same meaning as in	2499
section 3715.01 of the Revised Code.	2500

(V) "Animal shelter" means a facility operated by a humane	2501
society or any society organized under Chapter 1717. of the	2502
Revised Code or a dog pound operated pursuant to Chapter 955. of	2503
the Revised Code.	2504

(W) "Food" has the same meaning as in section 3715.01 of the	2505
Revised Code.	2506

Sec. 4729.51.  (A) No person other than a registered	2507
wholesale distributor of dangerous drugs shall possess for sale,	2508
sell, distribute, or deliver, at wholesale, dangerous drugs,	2509
except as follows:	2510

(1) A pharmacist who is a licensed terminal distributor of	2511
dangerous drugs or who is employed by a licensed terminal	2512
distributor of dangerous drugs may make occasional sales of	2513
dangerous drugs at wholesale;	2514

(2) A licensed terminal distributor of dangerous drugs having	2515
more than one establishment or place may transfer or deliver	2516
dangerous drugs from one establishment or place for which a	2517
license has been issued to the terminal distributor to another	2518
establishment or place for which a license has been issued to the	2519
terminal distributor if the license issued for each establishment	2520
or place is in effect at the time of the transfer or delivery.	2521

(B)(1) No registered wholesale distributor of dangerous drugs	2522
shall possess for sale, or sell, at wholesale, dangerous drugs to	2523
any person other than the following:	2524

(a) A licensed health professional authorized to prescribe	2525
drugs;	2526

(b) An optometrist licensed under Chapter 4725. of the	2527
Revised Code who holds a topical ocular pharmaceutical agents	2528
certificate;	2529

(c) A registered wholesale distributor of dangerous drugs;

2530

(d) A manufacturer of dangerous drugs;

2531

(e) A licensed terminal distributor of dangerous drugs,	2532
subject to division (B)(2) of this section;	2533

(f) Carriers or warehousers for the purpose of carriage or	2534
storage;	2535

(g) Terminal or wholesale distributors of dangerous drugs who	2536
are not engaged in the sale of dangerous drugs within this state;	2537

(h) An individual who holds a current license, certificate,	2538
or registration issued under Title 47 of the Revised Code and has	2539
been certified to conduct diabetes education by a national	2540
certifying body specified in rules adopted by the state board of	2541
pharmacy under section 4729.68 of the Revised Code, but only with	2542
respect to insulin that will be used for the purpose of diabetes	2543
education and only if diabetes education is within the	2544
individual's scope of practice under statutes and rules regulating	2545
the individual's profession;	2546

(i) An individual who holds a valid certificate issued by a	2547
nationally recognized S.C.U.B.A. diving certifying organization	2548
approved by the pharmacy board in rule, but only with respect to	2549
medical oxygen that will be used for the purpose of emergency care	2550
or treatment at the scene of a diving emergency.	2551

(2) No registered wholesale distributor of dangerous drugs	2552
shall possess dangerous drugs for sale at wholesale, or sell such	2553
drugs at wholesale, to a licensed terminal distributor of	2554
dangerous drugs, except to:	2555

(a) A terminal distributor who has a category I license, only	2556
dangerous drugs described in category I, as defined in division	2557
(A)(1) of section 4729.54 of the Revised Code;	2558

(b) A terminal distributor who has a category II license,	2559
only dangerous drugs described in category I and category II, as	2560
defined in divisions (A)(1) and (2) of section 4729.54 of the	2561
Revised Code;	2562

(c) A terminal distributor who has a category III license,	2563
dangerous drugs described in category I, category II, and category	2564
III, as defined in divisions (A)(1), (2), and (3) of section	2565
4729.54 of the Revised Code;	2566

(d) A terminal distributor who has a limited category I, II,	2567
or III license, only the dangerous drugs specified in the	2568
certificate furnished by the terminal distributor in accordance	2569
with section 4729.60 of the Revised Code.	2570

(C)(1) Except as provided in division (C)(4) of this section,	2571
no person shall sell, at retail, dangerous drugs.	2572

(2) Except as provided in division (C)(4) of this section, no	2573
person shall possess for sale, at retail, dangerous drugs.	2574

(3) Except as provided in division (C)(4) of this section, no	2575
person shall possess dangerous drugs.	2576

(4) Divisions (C)(1), (2), and (3) of this section do not	2577
apply to a registered wholesale distributor of dangerous drugs, a	2578
licensed terminal distributor of dangerous drugs, or a person who	2579
possesses, or possesses for sale or sells, at retail, a dangerous	2580
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	2581
4729., 4730., 4731., and 4741. of the Revised Code.	2582

Divisions (C)(1), (2), and (3) of this section do not apply	2583
to an individual who holds a current license, certificate, or	2584
registration issued under Title XLVII of the Revised Code and has	2585
been certified to conduct diabetes education by a national	2586
certifying body specified in rules adopted by the state board of	2587
pharmacy under section 4729.68 of the Revised Code, but only to	2588
the extent that the individual possesses insulin or personally	2589
supplies insulin solely for the purpose of diabetes education and	2590
only if diabetes education is within the individual's scope of	2591
practice under statutes and rules regulating the individual's	2592
profession.	2593

Divisions (C)(1), (2), and (3) of this section do not apply	2594
to an individual who holds a valid certificate issued by a	2595
nationally recognized S.C.U.B.A. diving certifying organization	2596
approved by the pharmacy board in rule, but only to the extent	2597
that the individual possesses medical oxygen or personally	2598
supplies medical oxygen for the purpose of emergency care or	2599
treatment at the scene of a diving emergency.	2600

(D) No licensed terminal distributor of dangerous drugs shall	2601
purchase for the purpose of resale dangerous drugs from any person	2602
other than a registered wholesale distributor of dangerous drugs,	2603
except as follows:	2604

(1) A licensed terminal distributor of dangerous drugs may	2605
make occasional purchases of dangerous drugs for resale from a	2606
pharmacist who is a licensed terminal distributor of dangerous	2607
drugs or who is employed by a licensed terminal distributor of	2608
dangerous drugs;	2609

(2) A licensed terminal distributor of dangerous drugs having	2610
more than one establishment or place may transfer or receive	2611
dangerous drugs from one establishment or place for which a	2612
license has been issued to the terminal distributor to another	2613
establishment or place for which a license has been issued to the	2614
terminal distributor if the license issued for each establishment	2615
or place is in effect at the time of the transfer or receipt.	2616

(E) No licensed terminal distributor of dangerous drugs shall	2617
engage in the sale or other distribution of dangerous drugs at	2618
retail or maintain possession, custody, or control of dangerous	2619
drugs for any purpose other than the distributor's personal use or	2620
consumption, at any establishment or place other than that or	2621
those described in the license issued by the board of pharmacy to	2622
such terminal distributor.	2623

(F) Nothing in this section shall be construed to interfere	2624
with the performance of official duties by any law enforcement	2625
official authorized by municipal, county, state, or federal law to	2626
collect samples of any drug, regardless of its nature or in whose	2627
possession it may be.	2628

Sec. 4730.01.  As used in this chapter:

2629

(A) "Physician assistant" means a skilled person qualified by	2630
academic and clinical training to provide services to patients as	2631
a physician assistant under the supervision, control, and	2632
direction of one or more physicians who are responsible for the	2633
physician assistant's performance.	2634

(B) "Physician" means an individual who is authorized under	2635
Chapter 4731. of the Revised Code to practice medicine and	2636
surgery, osteopathic medicine and surgery, or podiatrypodiatric	2637
medicine and surgery.	2638

(C) "Health care facility" means any of the following:

2639

(1) A hospital registered with the department of health under	2640
section 3701.07 of the Revised Code;	2641

(2) A health care facility licensed by the department of	2642
health under section 3702.30 of the Revised Code;	2643

(3) Any other facility designated by the state medical board	2644
in rules adopted pursuant to division (B) of section 4730.08 of	2645
the Revised Code.	2646

(D) "Special services" means the health care services that a	2647
physician assistant may be authorized to provide under the special	2648
services portion of a physician supervisory plan approved under	2649
section 4730.17 of the Revised Code.	2650

Sec. 4730.02.  (A) No person shall hold himself or herself	2651
that person out as being able to function as a physician	2652
assistant, or use any words or letters indicating or implying that	2653
the person is a physician assistant, without a current, valid	2654
certificate of registration or temporary certificate of	2655
registrationto practice as a physician assistant issued pursuant	2656
to this chapter.	2657

(B) No person shall practice as a physician assistant without	2658
the supervision, control, and direction of a physician.	2659

(C) No physicianperson shall act as the supervising	2660
physician of a physician assistant without having received the	2661
state medical board's approval of a physician assistant	2662
utilization plan and approval of a supervision agreement entered	2663
into with the physician assistant.	2664

(D) No person shall practice as a physician assistant without	2665
having entered into a supervision agreement that has been approved	2666
by the state medical board.	2667

(E) No person acting as the supervising physician of a	2668
physician assistant shall authorize athe physician assistant to	2669
perform services as a physician assistant in a manner thatif	2670
either of the following is the case:	2671

(1) The services are not within the physician's normal course	2672
of practice and expertise;	2673

(2) The services are inconsistent with the standard or	2674
supplemental physician assistant utilizationsupervisory plan	2675
underapproved by the state medical board for the supervising	2676
physician or the policies of the health care facility in which	2677
thatthe physician and physician assistant practicesare	2678
practicing.	2679

(F) No person shall practice as a physician assistant in a	2680
manner that is inconsistent with the standard or supplemental	2681
physician assistant utilizationsupervisory plan approved for the	2682
physician who is responsible for supervising the physician	2683
assistant or the policies of the health care facility in which the	2684
physician assistant is practicing.	2685

(G) No person practicing as a physician assistant shall	2686
prescribe any drug or device to perform or induce an abortion, or	2687
otherwise perform or induce an abortion.	2688

(H) No physician assistant mayperson shall advertise to	2689
provide services as a physician assistant, except for the purpose	2690
of seeking employment.	2691

(H)(I) No person practicing as a physician assistant shall	2692
fail to wear at all times when on duty a placard, plate, or other	2693
device identifying himself or herselfthat person as a "physician	2694
assistant."	2695

Sec. 4730.03.  Nothing in this chapter shall:

2696

(A) Be construed to affect or interfere with the performance	2697
of duties of any medical personnel in active service in the army,	2698
navy, coast guard, marine corps, air force, public health service,	2699
or marine hospital service of the United States while so serving;	2700

(B) Prevent any person from performing any of the services a	2701
physician assistant may be authorized to perform, if the person's	2702
professional scope of practice established under any other chapter	2703
of the Revised Code authorizes the person to perform the services;	2704

(C) Prohibit a physician from delegating responsibilities to	2705
any nurse or other qualified person who does not registeredhold a	2706
certificate to practice as a physician assistant, provided such an	2707
that the individual does not hold himself or herselfthe	2708
individual out to be a physician assistant;	2709

(D) Be construed as authorizing a physician assistant	2710
independently to order or direct the execution of procedures or	2711
techniques by a registered nurse or licensed practical nurse in	2712
the care and treatment of a person in any setting, except to the	2713
extent that the physician assistant is authorized to do so by the	2714
physician supervisory plan approved under section 4730.17 of the	2715
Revised Code for the physician who is responsible for supervising	2716
the physician assistant or the policies of the health care	2717
facility in which the physician assistant is practicing;	2718

(E) Authorize a physician assistant to administer, monitor,	2719
or maintain an anesthetic, except for the administration of a	2720
regional anesthetic, such as a "digital block," that is	2721
administered in connection with the care and suturing of minor	2722
lacerations;	2723

(F) Authorize a physician assistant to engage in the practice	2724
of optometry, except to the extent that the physician assistant is	2725
authorized by a supervising physician through a physician	2726
assistant utilization plan approved by the state medical board	2727
under section 4730.18 of the Revised Codeacting in accordance	2728
with this chapter to perform routine visual screening, provide	2729
medical care prior to or following eye surgery, or assist in the	2730
care of diseases of the eye;	2731

(F) Be construed as authorizing a physician assistant to	2732
prescribe any drug or device to perform or induce an abortion, or	2733
as otherwise authorizing a physician assistant to perform or	2734
induce an abortion.	2735

Sec. 4730.05. (A) There is hereby created the physician	2736
assistant policy committee of the state medical board, consisting.	2737
The president of the board shall appoint the members of the	2738
committee. The committee shall consist of the seven members to be	2739
appointed by the president of the board. Threespecified in	2740
divisions (A)(1) to (3) of this section. When the committee is	2741
developing or revising policy and procedures for	2742
physician-delegated prescriptive authority for physician	2743
assistants, the committee shall include the two additional members	2744
specified in division (A)(4) of this section.	2745

(1) Three members of the committee shall be physicians. Of	2746
the physician members, one shall be a member of the state medical	2747
board, one shall be appointed from a list of five physicians	2748
recommended by the Ohio state medical association, and one shall	2749
be appointed from a list of five physicians recommended by the	2750
Ohio osteopathic association. At all times, the physician	2751
membership of the committee shall include at least one physician	2752
who is a supervising physician of a physician assistant,	2753
preferably with at least two years' experience as a supervising	2754
physician. Three	2755

(2) Three members shall be physician assistants appointed	2756
from a list of five individuals recommended by the Ohio	2757
association of physician assistants. One	2758

(3) One member, who is not affiliated with any health care	2759
profession, shall be appointed to represent the interests of	2760
consumers.	2761

(4) The two additional members, appointed to serve only when	2762
the committee is developing or revising policy and procedures for	2763
physician-delegated prescriptive authority for physician	2764
assistants, shall be pharmacists. Of these members, one shall be	2765
appointed from a list of five clinical pharmacists recommended by	2766
the Ohio pharmacists association and one shall be appointed from	2767
the pharmacist members of the state board of pharmacy, preferably	2768
from among the members who are clinical pharmacists.	2769

The pharmacist members shall have voting privileges only for	2770
purposes of developing or revising policy and procedures for	2771
physician-delegated prescriptive authority for physician	2772
assistants. Presence of the pharmacist members shall not be	2773
required for the transaction of any other business.	2774

(B) Terms of office shall be for two years, with each term	2775
ending on the same day of the same month as did the term that it	2776
succeeds. Each member shall hold office from the date of being	2777
appointed until the end of the term for which the member was	2778
appointed. Members may be reappointed, except that a member may	2779
not be appointed to serve more than three consecutive terms. As	2780
vacancies occur, a successor shall be appointed who has the	2781
qualifications the vacancy requires. A member appointed to fill a	2782
vacancy occurring prior to the expiration of the term for which a	2783
predecessor was appointed shall hold office as a member for the	2784
remainder of that term. A member shall continue in office	2785
subsequent to the expiration date of the member's term until a	2786
successor takes office or until a period of sixty days has	2787
elapsed, whichever occurs first.	2788

(C) Each member of the committee shall receive an amount	2789
fixed pursuant to division (J) of section 124.15 of the Revised	2790
Code for each day employed in the discharge of official duties as	2791
a member, and shall also receive necessary and actual expenses	2792
incurred in the performance of official duties as a member.	2793

(D) The committee members specified in divisions (A)(1) to	2794
(3) of this section by a majority vote shall elect a chairperson	2795
by a majority vote of the committeefrom among those members. The	2796
committeemembers may elect a new chairperson at any time.	2797

(E) The state medical board may appoint assistants, clerical	2798
staff, or other employees as necessary for the committee to	2799
perform its duties adequately.	2800

(F) The committee shall meet at least four times a year and	2801
at such other times as may be necessary to carry out its	2802
responsibilities.	2803

Sec. 4730.06.  (A) The physician assistant policy committee	2804
of the state medical board shall review, and mayshall submit to	2805
the board recommendations to the board concerning, all of the	2806
following:	2807

(1) Education and registration requirementsRequirements for	2808
issuance of certificates to practice as a physician assistants	2809
assistant, including the educational requirements that must be met	2810
to receive a certificate to practice;	2811

(2) Existing and proposed rules pertaining to the practice of	2812
physician assistants, the supervisory relationship between	2813
physician assistants and supervising physicians, and the	2814
administration and enforcement of this chapter;	2815

(3) Physician-delegated prescriptive authority for physician	2816
assistants, in accordance with section 4730.38 of the Revised	2817
Code;	2818

(4) Application procedures and forms for certificates of	2819
registration forto practice as a physician assistantsassistant,	2820
standard and supplemental physician assistant utilization	2821
physician supervisory plans, and supervision agreements;	2822

(4) Registration and renewal fees(5) Fees required by this	2823
chapter for issuance and renewal of certificates to practice as a	2824
physician assistant;	2825

(5)(6) Criteria to be included in applications submitted to	2826
the board for approval of physician supervisory plans, including	2827
criteria to be included in applications for approval to delegate	2828
to physician assistants the performance of special services;	2829

(7) Criteria to be included in standard and supplemental	2830
utilization plans and in supervision agreements submitted to the	2831
board for approval and renewal of the board's approval;	2832

(6) Adoption of model standard utilization plans;

2833

(7)(8) Any issue the board asks the committee to consider.

2834

(B) In addition to the matters that are required to be	2835
reviewed under division (A) of this section, the committee may	2836
review, and may submit to the board recommendations concerning,	2837
either or both of the following:	2838

(1) Quality assurance activities to be performed by a	2839
supervising physician and physician assistant under a quality	2840
assurance system established pursuant to division (F) of section	2841
4730.21 of the Revised Code;	2842

(2) The development and approval of one or more model	2843
physician supervisory plans and one or more models for a special	2844
services portion of the one or more model physician supervisory	2845
plans. The committee may submit recommendations for model plans	2846
that reflect various medical specialties.	2847

(C) The board shall take into consideration all	2848
recommendations submitted by the committee. Not later than ninety	2849
days after receiving a recommendation from the committee, the	2850
board shall approve or disapprove the recommendation and notify	2851
the committee of its decision. If a recommendation is disapproved,	2852
the board shall inform the committee of its reasons for making	2853
that decision. The committee may resubmit the recommendation after	2854
addressing the concerns expressed by the board and modifying the	2855
disapproved recommendation accordingly. Not later than ninety days	2856
after receiving a resubmitted recommendation, the board shall	2857
approve or disapprove the recommendation. There is no limit on the	2858
number of times the committee may resubmit a recommendation for	2859
consideration by the board. It is not necessary for the committee	2860
to make a recommendation before	2861

(D)(1) Except as provided in division (D)(2) of this section,	2862
the board may not take action regarding a particular matter that	2863
is subject to the committee's review under division (A) or (B) of	2864
this section unless the committee has made a recommendation to the	2865
board concerning the matter.	2866

(2) If the board submits to the committee a request for a	2867
recommendation regarding a matter that is subject to the	2868
committee's review under division (A) or (B) of this section, and	2869
the committee does not provide a recommendation before the	2870
sixty-first day after the request is submitted, the board may take	2871
action regarding the matter without a recommendation.	2872

Sec. 4730.07.  In addition to rules that are specifically	2873
required or authorized by this chapter to be adopted, the state	2874
medical board may, subject to division (D) of section 4730.06 of	2875
the Revised Code, adopt any other rules necessary to govern the	2876
practice of physician assistants, the supervisory relationship	2877
between physician assistants and supervising physicians, and the	2878
administration and enforcement of this chapter. Rules adopted	2879
under this section shall be adopted in accordance with Chapter	2880
119. of the Revised Code.	2881

Sec. 4730.08. (A) A certificate to practice as a physician	2882
assistant issued under this chapter authorizes the holder to	2883
practice as a physician assistant, subject to all of the	2884
following:	2885

(1) The physician assistant shall practice only under the	2886
supervision, control, and direction of a physician with whom the	2887
physician assistant has entered into a supervision agreement	2888
approved by the state medical board under section 4730.17 of the	2889
Revised Code.	2890

(2) When the physician assistant practices outside a health	2891
care facility, the physician assistant shall practice in	2892
accordance with the physician supervisory plan approved under	2893
section 4730.17 of the Revised Code for the physician who is	2894
responsible for supervising the physician assistant.	2895

(3) When the physician assistant practices within a health	2896
care facility, the physician assistant shall practice in	2897
accordance with the policies of the health care facility.	2898

(B) For purposes of division (A) of this section and all	2899
other provisions of this chapter pertaining to the practice of a	2900
physician assistant under the policies of a health care facility,	2901
the state medical board may, subject to division (D) of section	2902
4730.06 of the Revised Code, adopt rules designating facilities to	2903
be included as health care facilities that are in addition to the	2904
facilities specified in divisions (C)(1) and (2) of section	2905
4730.01 of the Revised Code. Any rules adopted under this division	2906
shall be adopted in accordance with Chapter 119. of the Revised	2907
Code.	2908

Sec. 4730.081. For purposes of the Revised Code and any rules	2909
adopted under it, a certificate to practice as a physician	2910
assistant issued under this chapter constitutes the state's	2911
licensure of the certificate holder to practice as a physician	2912
assistant. The certificate holder may present the certificate as	2913
evidence of the state's licensure of the holder to any health care	2914
insurer, accrediting body, or other entity that requires evidence	2915
of licensure by a government entity to be recognized or authorized	2916
to practice as a physician assistant.	2917

Sec. 4730.09. (A) Under a physician supervisory plan approved	2918
under section 4730.17 of the Revised Code, a physician assistant	2919
may provide any or all of the following services without approval	2920
by the state medical board as special services:	2921

(1) Obtaining comprehensive patient histories;

2922

(2) Performing physical examinations, including audiometry	2923
screening, routine visual screening, and pelvic, rectal, and	2924
genital-urinary examinations, when indicated;	2925

(3) Ordering, performing, or ordering and performing routine	2926
diagnostic procedures, as indicated;	2927

(4) Identifying normal and abnormal findings on histories,	2928
physical examinations, and commonly performed diagnostic studies;	2929

(5) Assessing patients and developing and implementing	2930
treatment plans for patients;	2931

(6) Monitoring the effectiveness of therapeutic	2932
interventions;	2933

(7) Exercising physician-delegated prescriptive authority	2934
pursuant to a certificate to prescribe issued under this chapter;	2935

(8) Carrying out or relaying the supervising physician's	2936
orders for the administration of medication, to the extent	2937
permitted by law;	2938

(9) Providing patient education;

2939

(10) Instituting and changing orders on patient charts;

2940

(11) Performing developmental screening examinations on	2941
children with regard to neurological, motor, and mental functions;	2942

(12) Performing wound care management, suturing minor	2943
lacerations and removing the sutures, and incision and drainage of	2944
uncomplicated superficial abscesses;	2945

(13) Removing superficial foreign bodies;

2946

(14) Administering intravenous fluids;

2947

(15) Inserting a foley or cudae catheter into the urinary	2948
bladder and removing the catheter;	2949

(16) Removing intrauterine devices;

2950

(17) Performing biopsies of superficial lesions;

2951

(18) Making appropriate referrals as directed by the	2952
supervising physician;	2953

(19) Removing norplant capsules;

2954

(20) Performing penile duplex ultrasound;

2955

(21) Changing of a tracheostomy;

2956

(22) Performing bone marrow aspirations from the posterior	2957
iliac crest;	2958

(23) Performing bone marrow biopsies from the posterior iliac	2959
crest;	2960

(24) Performing cystograms;

2961

(25) Performing nephrostograms after physician placement of	2962
nephrostomy tubes;	2963

(26) Fitting or inserting family planning devices, including	2964
intrauterine devices, diaphragms, and cervical caps;	2965

(27) Removing cervical polyps;

2966

(28) Performing nerve conduction testing;

2967

(29) Performing endometrial biopsies;

2968

(30) Inserting filiform and follower catheters;

2969

(31) Performing arthrocentesis of the knee;

2970

(32) Performing knee joint injections;

2971

(33) Performing endotracheal intubation with successful	2972
completion of an advanced cardiac life support course;	2973

(34) Performing lumbar punctures;

2974

(35) In accordance with rules adopted by the board, using	2975
light-based medical devices for the purpose of hair removal;	2976

(36) Administering, monitoring, or maintaining local	2977
anesthesia, as defined in section 4730.091 of the Revised Code;	2978

(37) Performing other services that are within the	2979
supervising physician's normal course of practice and expertise,	2980
if the services are included in any model physician supervisory	2981
plan approved under section 4730.06 of the Revised Code or the	2982
services are designated by the board by rule or other means as	2983
services that are not subject to approval as special services.	2984

(B) Under the policies of a health care facility, the	2985
services a physician assistant may provide are limited to the	2986
services the facility has authorized the physician assistant to	2987
provide for the facility. The services a health care facility may	2988
authorize a physician assistant to provide for the facility	2989
include the following:	2990

(1) Any or all of the services specified in division (A) of	2991
this section;	2992

(2) Assisting in surgery in the health care facility;

2993

(3) Any other services permitted by the policies of the	2994
health care facility, except that the facility may not authorize a	2995
physician assistant to perform a service that is prohibited by	2996
this chapter.	2997

Sec. 4730.091. (A) As used in this section, "local	2998
anesthesia" means the injection of a drug or combination of drugs	2999
to stop or prevent a painful sensation in a circumscribed area of	3000
the body where a painful procedure is to be performed. "Local	3001
anesthesia" includes only local infiltration anesthesia, digital	3002
blocks, and pudendal blocks.	3003

(B) A physician assistant may administer, monitor, or	3004
maintain local anesthesia as a component of a procedure the	3005
physician assistant is performing or as a separate service when	3006
the procedure requiring local anesthesia is to be performed by the	3007
physician assistant's supervising physician or another person. A	3008
physician assistant shall not administer, monitor, or maintain any	3009
other form of anesthesia, including regional anesthesia or any	3010
systemic sedation, regardless of whether the physician assistant	3011
is practicing under a physician supervisory plan or the policies	3012
of a health care facility.	3013

Sec. 4730.10.  (A) An individual seeking a certificate of	3014
registrationto practice as a physician assistant shall file with	3015
the state medical board a written application on a form prescribed	3016
and supplied by the board. The application shall include all of	3017
the following:	3018

(1) The applicant's name, residential address, business	3019
address, if any, and social security number;	3020

(2) Satisfactory proof that the applicant is at least	3021
eighteen years ofmeets the age and of good moral character	3022
requirements specified in divisions (A)(1) and (2) of section	3023
4730.11 of the Revised Code;	3024

(2) The status of the applicant with respect to eligibility	3025
for and application to take, or satisfactory completion of, the	3026
examination of the national commission for certification of	3027
physician assistants or a successor organization that is	3028
recognized by the board;	3029

(3) Effective January 1, 2008, except as provided in division	3030
(B) of section 4730.11 of the Revised Code, satisfactory proof	3031
that the applicant meets one of the educational requirements	3032
specified in division (A)(4) of section 4730.11 of the Revised	3033
Code;	3034

(4) Any other information the board requires.

3035

(B) The board shall review all applications received under	3036
this section. The board shall determine whether an applicant meets	3037
the requirements to receive a certificate of registration not	3038
later than sixty days after receiving a complete application. The	3039
affirmative vote of not fewer than six members of the board is	3040
required to determine that an applicant meets the requirements for	3041
a certificate.	3042

A certificate of registration shall not be issued to an	3043
applicant unless the applicant is certified by the national	3044
commission on certification of physician assistants or a successor	3045
organization that is recognized by the board, except that the	3046
board may issue a temporary certificate of registration to an	3047
applicant who has not yet taken the examination of the commission	3048
or its successor organization but is eligible for and has made	3049
application to take the examination. A temporary certificate shall	3050
be valid only until the results of the next examinations are	3051
available to the board.	3052

(C) At the time of making application for a certificate of	3053
registrationto practice, the applicant shall pay the board a fee	3054
of one hundred dollars, no part of which shall be returned. Such	3055
fees shall be deposited in accordance with section 4731.24 of the	3056
Revised Code.	3057

Sec. 4730.11.  (A) For an individual to be eligible to	3058
receive a certificate to practice as a physician assistant, all of	3059
the following apply:	3060

(1) The applicant shall be at least eighteen years of age.

3061

(2) The applicant shall be of good moral character.

3062

(3) The applicant shall hold current certification by the	3063
national commission on certification of physician assistants or a	3064
successor organization that is recognized by the state medical	3065
board.	3066

(4) Effective January 1, 2008, except as provided in division	3067
(B) of this section, the applicant shall meet one of the following	3068
educational requirements:	3069

(a) The applicant shall hold a master's or higher degree that	3070
was obtained from a program accredited by the accreditation review	3071
commission on education for the physician assistant or a	3072
predecessor or successor organization recognized by the board;	3073

(b) The applicant shall hold a degree other than a master's	3074
or higher degree that was obtained from a program accredited by	3075
the accreditation review commission on education for the physician	3076
assistant or a predecessor or successor organization recognized by	3077
the board and shall hold a master's or higher degree in a course	3078
of study with clinical relevance to the practice of physician	3079
assistants that was obtained from a program accredited by a	3080
regional or specialized and professional accrediting agency	3081
recognized by the council for higher education accreditation.	3082

(B) It is not necessary for an applicant to hold a master's	3083
or higher degree as a condition of receiving a certificate to	3084
practice as a physician assistant if the applicant presents	3085
evidence satisfactory to the board of holding a current, valid	3086
license or other form of authority to practice as a physician	3087
assistant that was issued by another jurisdiction prior to January	3088
1, 2008.	3089

(C) This section does not require an individual to obtain a	3090
master's or higher degree as a condition of retaining or renewing	3091
a certificate to practice as a physician assistant if either of	3092
the following is the case:	3093

(1) Prior to January 1, 2008, the individual received a	3094
certificate to practice as a physician assistant under this	3095
chapter without holding a master's or higher degree.	3096

(2) On or after January 1, 2008, the individual received a	3097
certificate to practice as a physician assistant under this	3098
chapter on the basis of holding a license issued in another	3099
jurisdiction, as specified in division (B) of this section.	3100

Sec. 4730.11.        Sec. 4730.12. If the(A) The state medical board	3101
shall review all applications received under section 4730.10 of	3102
the Revised Code for certificates to practice as a physician	3103
assistant. Not later than sixty days after receiving a complete	3104
application, the board shall determine whether an applicant meets	3105
the requirements to receive a certificate to practice, as	3106
specified in section 4730.11 of the Revised Code. An affirmative	3107
vote of not fewer than six members of the board is required to	3108
determine that an applicant meets the requirements to receive a	3109
certificate to practice as a physician assistant.	3110

(B) If the board determines under section 4730.10 of the	3111
Revised Code that an applicant meets the requirements for ato	3112
receive the certificate of registration as a physician assistant,	3113
the secretary of the board shall register the applicant as a	3114
physician assistant and issue to the applicant a certificate of	3115
registrationto practice as a physician assistant. The certificate	3116
shall expire biennially and may be renewed in accordance with	3117
section 4730.12 of the Revised Code.	3118

Upon application by the holder of a certificate of	3119
registration, the board shall issue a duplicate certificate to	3120
replace one that is missing or damaged, to reflect a name change,	3121
or for any other reasonable cause. The fee for a duplicate	3122
certificate shall be thirty-five dollars.	3123

Sec. 4730.13.  Upon application by the holder of a	3124
certificate to practice as a physician assistant, the state	3125
medical board shall issue a duplicate certificate to replace one	3126
that is missing or damaged, to reflect a name change, or for any	3127
other reasonable cause. The fee for a duplicate certificate shall	3128
be thirty-five dollars. All fees collected under this section	3129
shall be deposited in accordance with section 4731.24 of the	3130
Revised Code.	3131

Sec. 4730.12.        Sec. 4730.14.  (A) A certificate to practice as a	3132
physician assistant shall expire biennially and may be renewed in	3133
accordance with this section. A person seeking to renew a	3134
certificate of registrationto practice as a physician assistant	3135
shall, on or before the thirty-first day of January of each	3136
even-numbered year, apply for renewal of the certificate. The	3137
state medical board shall send renewal notices at least one month	3138
prior to the expiration date.	3139

Applications shall be submitted to the board on forms the	3140
board shall prescribe and furnish. Each application shall be	3141
accompanied by a biennial renewal fee of fifty dollars. The board	3142
shall deposit the fees in accordance with section 4731.24 of the	3143
Revised Code.	3144

The applicant shall report any criminal offense that	3145
constitutes grounds for refusing to issue a certificate of	3146
registrationto practice under section 4730.25 of the Revised Code	3147
to which the applicant has pleaded guilty, of which the applicant	3148
has been found guilty, or for which the applicant has been found	3149
eligible for treatmentintervention in lieu of conviction, since	3150
last signing an application for a certificate of registrationto	3151
practice as a physician assistant.	3152

(B) To be eligible for renewal, a physician assistant must	3153
shall certify to the board both of the following:	3154

(1) That the physician assistant has maintained certification	3155
by the national commission on certification of physician	3156
assistants or a successor organization that is recognized by the	3157
board by meeting the standards to hold current certification from	3158
the commission or its successor, including completion of	3159
continuing medical education requirements and passing periodic	3160
recertification examinations;	3161

(2) Except as provided in division (D)(F) of this section and	3162
section 5903.12 of the Revised Code, that the physician assistant	3163
has completed during the current registrationcertification period	3164
not less than one hundred hours of continuing medical education	3165
acceptable to the board. The	3166

(C) The board shall adopt rules in accordance with Chapter	3167
119. of the Revised Code specifying the types of continuing	3168
medical education that must be completed to fulfill the board's	3169
requirements under division (B)(2) of this section. TheExcept	3170
when additional continuing medical education is required to renew	3171
a certificate to prescribe, as specified in section 4730.49 of the	3172
Revised Code, the board shall not adopt rules that require a	3173
physician assistant to complete in any registrationcertification	3174
period more than one hundred hours of continuing medical education	3175
acceptable to the board. In fulfilling the board's requirements, a	3176
physician assistant may use continuing medical education courses	3177
or programs completed to maintain certification by the national	3178
commission on certification of physician assistants or a successor	3179
organization that is recognized by the board if the standards for	3180
acceptable courses and programs of the commission or its successor	3181
are at least equivalent to the standards established by the board.	3182

(C)(D) If an applicant submits a complete renewal application	3183
and qualifies for renewal pursuant to division (B) of this	3184
section, the board shall issue to the applicant a renewed	3185
certificate of registrationto practice as a physician assistant.	3186
The	3187

(E) The board may require a random sample of physician	3188
assistants to submit materials documenting certification by the	3189
national commission on certification of physician assistants or a	3190
successor organization that is requiredrecognized by the board	3191
and completion of the required number of hours of continuing	3192
medical education.	3193

(D)(F) The board shall provide for pro rata reductions by	3194
month of the number of hours of continuing education that must be	3195
completed for individuals who are in their first registration	3196
certification period, who have been disabled due to illness or	3197
accident, or who have been absent from the country. The board	3198
shall adopt rules, in accordance with Chapter 119. of the Revised	3199
Code, as necessary to implement this division.	3200

(E)(G)(1) A certificate of registrationto practice that is	3201
not renewed on or before its expiration date is automatically	3202
suspended on its expiration date. The state medicalContinued	3203
practice after suspension of the certificate shall be considered	3204
as practicing in violation of division (A) of section 4730.02 of	3205
the Revised Code.	3206

(2) If a certificate has been suspended pursuant to division	3207
(G)(1) of this section for two years or less, it may be	3208
reinstated. The board shall reinstate a certificate suspended for	3209
failure to renew upon an applicant's submission of the biennial	3210
renewal fee, theany applicable monetary penalty, and	3211
certification by signature of the applicant that the applicant has	3212
completed the number of hours of continuing education necessary to	3213
have a certificate reinstated have been completed, as specified in	3214
rules the board shall adopt in accordance with Chapter 119. of the	3215
Revised Code. The	3216

If a certificate has been suspended pursuant to division	3217
(G)(1) of this division for more than two years, it may be	3218
restored. In accordance with section 4730.28 of the Revised Code,	3219
the board may restore a certificate suspended for failure to renew	3220
upon an applicant's submission of a restoration application, the	3221
biennial renewal fee, and any applicable monetary penalty.	3222

The penalty for reinstatement shall be twenty-five dollars if	3223
the certificate has been suspended for two years or less and the	3224
penalty for restoration shall be fifty dollars if the certificate	3225
has been suspended for more than two years. The board shall	3226
deposit penalties in accordance with section 4731.24 of the	3227
Revised Code.	3228

(F)(H) If an individual certifies that the individual has	3229
completed the number of hours and type of continuing medical	3230
education required for renewal or reinstatement of a certificate	3231
of registrationto practice as a physician assistant, and the	3232
board finds through a random sample conducted under division	3233
(C)(E) of this section or through any other means that the	3234
individual did not complete the requisite continuing medical	3235
education, the board may impose a civil penalty of not more than	3236
five thousand dollars. The board's finding shall be made pursuant	3237
to an adjudication under Chapter 119. of the Revised Code and by	3238
an affirmative vote of not fewer than six members.	3239

A civil penalty imposed under this division may be in	3240
addition to or in lieu of any other action the board may take	3241
under section 4730.25 of the Revised Code. The board shall deposit	3242
civil penalties in accordance with section 4731.24 of the Revised	3243
Code.	3244

Sec. 4730.18.        Sec. 4730.15. (A) A physician seeking to supervise	3245
one or more physician assistants through a physician supervisory	3246
plan shall submit to the state medical board an application for	3247
approval of a physician assistant utilizationsupervisory plan.	3248
The physician shall provide all information determined by the	3249
board to be necessary to process the application. The physician	3250
may include in the application the names, business addresses, and	3251
business telephone numbers of at least two physicians who have	3252
agreed to act as alternate supervising physicians during periods	3253
in which the physician will be unable to provide supervision in	3254
accordance with section 4730.21 of the Revised Code.	3255

Application for approval of a physician assistant utilization	3256
supervisory plan shall be made on a form prescribed and furnished	3257
by the board. Each application shall include a copy of the	3258
proposed plan. The proposed plan may be based on any model	3259
physician supervisory plan approved under section 4730.06 of the	3260
Revised Code. If the plan includes a special services portion,	3261
that portion may be based on any model special services portion	3262
approved under section 4730.06 of the Revised Code.	3263

The board shall develop a form that may be used when two or	3264
more physicians wish to apply at the same time for approval of the	3265
same type of physician assistant utilizationsupervisory plan.	3266
When making simultaneous applications with these formsthis form,	3267
the physicians are required to include only one copy of the	3268
proposed plan with all of their applications. Subsequent to the	3269
filing of simultaneous applications, a physician who seeks to join	3270
the physicians who filed simultaneous applications may apply for	3271
approval of the same type of physician assistant utilization	3272
supervisory plan by using the formsform developed by the board	3273
for simultaneous applications. The physician shall identify the	3274
plan for which approval is sought. Identification of the plan	3275
fulfills the requirement for filing a copy of the plan.	3276

Each application for approval filed separately shall be	3277
accompanied by a fee of seventy-five dollars. Applications filed	3278
simultaneously shall be accompanied by a fee of seventy-five	3279
dollars per physician, up to a maximum of seven hundred fifty	3280
dollars. An application from a physician who seeks to join	3281
physicians who filed simultaneous applications shall include a fee	3282
of seventy-five dollars, unless the fees paid by the physicians in	3283
the group have reached the maximum of seven hundred fifty dollars.	3284
Fees shall be deposited in accordance with section 4731.24 of the	3285
Revised Code.	3286

(B) To be approved by the board, a standard utilization plan	3287
must meet the requirements of section 4730.16 of the Revised Code	3288
and any applicable rules adopted by the board. To be approved, a	3289
supplemental utilization plan must meet the requirements of	3290
section 4730.17 of the Revised Code and any applicable rules	3291
adopted by the board.	3292

On receipt of a complete application, the board shall process	3293
the application as follows:	3294

(1) If an application is for approval of a standard	3295
utilization plan, the board shall approve or disapprove the	3296
application and notify the applicant of its decision not later	3297
than sixty days after receiving the application.	3298

(2) If an application is for approval of a supplemental	3299
utilization plan, the board shall submit the application to the	3300
physician assistant policy committee. The committee shall review	3301
the application and form a recommendation as to whether the board	3302
should approve or disapprove the plan. The committee shall submit	3303
its recommendation to the board not later than sixty days after	3304
receiving the application. Not later than sixty days after	3305
receiving the committee's recommendation, the board shall review	3306
the application, approve or disapprove the supplemental	3307
utilization plan, and notify the applicant of its decision.	3308

(C) A standard or supplemental utilization plan approved by	3309
the board is valid until the physician notifies the board that the	3310
plan should be canceled or until the plan is replaced by a new	3311
utilization plan.	3312

Sec. 4730.16. (A) A standard physician assistant utilization	3313
plan shallTo be eligible for approval by the state medical board	3314
under section 4730.17 of the Revised Code, a physician supervisory	3315
plan shall meet the requirements of any applicable rules adopted	3316
by the board and shall specify all of the following:	3317

(1)(A) The responsibilities to be fulfilled by the physician	3318
supervising a physician assistant under the plan;	3319

(2)(B) The responsibilities to be fulfilled by a physician	3320
assistant when performing services under the plan;	3321

(3)(C) Circumstances under which a physician assistant is	3322
required to refer a patient to the supervising physician;	3323

(4)(D) Procedures to be followed by a physician assistant	3324
when writing medical orders, including prescriptions written in	3325
the exercise of the physician-delegated prescriptive authority	3326
granted to the physician assistant;	3327

(5) Procedures to be followed when a supervising physician is	3328
not on the premises but a patient requires immediate attention	3329

(E) Any special services that the physician may delegate to a	3330
physician assistant.	3331

(B) The types of services a supervising physician may	3332
authorize a physician assistant to perform under a standard	3333
utilization plan are limited to the following:	3334

(1) Obtaining comprehensive patient histories;

3335

(2) Performing physical examinations, including pelvic and	3336
rectal examinations when indicated;	3337

(3) Assessing patients, ordering and performing routine	3338
diagnostic procedures, developing treatment plans for patients,	3339
and implementing treatment plans that have been reviewed and	3340
approved by the supervising physician;	3341

(4) Monitoring the effectiveness of therapeutic	3342
interventions;	3343

(5) Assisting in surgery in a hospital, as defined in section	3344
3727.01 of the Revised Code, or an outpatient surgical care center	3345
affiliated with the hospital if the center meets the same	3346
credential, quality assurance, and utilization review standards as	3347
the hospital;	3348

(6) Providing instruction to meet patient needs;

3349

(7) Instituting and changing orders on patient charts as	3350
directed by the supervising physician;	3351

(8) Carrying out or relaying the supervising physician's	3352
orders for medication, to the extent permitted under laws	3353
pertaining to drugs.	3354

Sec. 4730.17.  (A) On receipt of a complete application for	3355
approval of a physician supervisory plan submitted under section	3356
4730.15 of the Revised Code, the state medical board shall process	3357
the application as follows:	3358

(1) Not later than sixty days after receiving the	3359
application, the board shall approve or disapprove the plan or	3360
that portion of the plan under which one or more physician	3361
assistants will be authorized to perform the services specified in	3362
division (A) of section 4730.09 of the Revised Code. The board	3363
shall provide written notice of its decision to the applicant.	3364

(2) If the applicant is seeking approval of a physician	3365
supervisory plan under which the supervising physician will	3366
delegate to one or more physician assistants the performance of	3367
special services, the board shall submit the special services	3368
portion of the plan to the board's physician assistant policy	3369
committee at the committee's next regularly scheduled meeting.	3370

The committee shall review the special services portion of	3371
the physician supervisory plan and form a recommendation as to	3372
whether the board should approve or disapprove inclusion of all or	3373
some of the special services in the plan. The committee, on a	3374
case-by-case basis, may request documentation from the applicant	3375
certifying that additional education and training will have been	3376
provided to or obtained by each physician assistant who is given	3377
authority to perform the special services to ensure that the	3378
physician assistant is qualified to perform the services. The	3379
committee shall submit its recommendation for approval or	3380
disapproval to the board not later than sixty days after receiving	3381
the special services portion of the plan.	3382

Not later than sixty days after receiving the committee's	3383
recommendation, the board shall approve or disapprove the special	3384
services portion of the physician supervisory plan. The board	3385
shall provide written notice of its decision to the applicant and	3386
the committee.	3387

(B) After a physician supervisory plan has been approved, the	3388
holder of the plan may apply for an addendum to the plan for	3389
authorization to delegate to one or more physician assistants the	3390
performance of a special service that was not included at the time	3391
the plan was approved. An application for an addendum to an	3392
approved physician supervisory plan shall be submitted in the same	3393
manner that an application for approval of an original plan is	3394
submitted under section 4730.15 of the Revised Code. The	3395
application shall be processed in same manner that an application	3396
for approval of an original physician supervisory plan is	3397
processed under division (A) of this section.	3398

(C) A physician supervisory plan approved under this section	3399
is valid until the supervising physician for whom the plan was	3400
approved, or the group of supervising physicians for which the	3401
plan was approved, notifies the board that the plan should be	3402
canceled or replaced.	3403

Sec. 4730.18.  Before initiating supervision of one or more	3404
physician assistants under a physician supervisory plan or the	3405
policies of a health care facility, a physician shall obtain	3406
approval from the state medical board under section 4730.19 of the	3407
Revised Code of a supervision agreement between the physician and	3408
each physician assistant who will be supervised.	3409

A physician seeking approval of a supervision agreement shall	3410
submit an application to the board on a form the board shall	3411
prescribe and furnish. The application shall list each physician	3412
assistant who will be supervised. Each application shall be	3413
accompanied by a fee of twenty-five dollars. Fees shall be	3414
deposited in accordance with section 4731.24 of the Revised Code.	3415

Sec. 4730.19.  (A) Prior to initiating supervision of one or	3416
more physician assistants under a standard or supplemental	3417
physician assistant utilization plan, a physician must receive the	3418
state medical board's approval of a supervision agreement between	3419
the physician and each physician assistant who will be supervised.	3420
A physician seeking approval of a supervision agreement shall	3421
submit an application to the board on a form the board shall	3422
prescribe and furnish. The application shall list each physician	3423
assistant who will be supervised. Each application shall be	3424
accompanied by a fee of twenty-five dollars. Fees shall be	3425
deposited in accordance with section 4731.24 of the Revised Code.	3426

(B) ToFor a supervision agreement to be approved by the	3427
board, aall of the following apply:	3428

(1) The supervision agreement mustshall specify that the	3429
physician agrees to supervise the physician assistant and the	3430
physician assistant agrees to practice in accordance with the	3431
conditions specified in the physician assistant utilization	3432
supervisory plan approved for that physician or the policies of	3433
the health care facility in which the supervising physician and	3434
physician assistant are practicing. The	3435

(2) The agreement mustshall be signed by the physician and	3436
the physician assistant. The	3437

(3) The physician assistant mustshall hold a current	3438
certificate of registrationto practice as a physician assistant	3439
and.	3440

(4) If a physician supervisory plan applies to the physician	3441
assistant's practice, the physician must have received approval of	3442
ashall hold an approved physician assistant utilization	3443
supervisory plan. If	3444

(5) If the physician intends to grant physician-delegated	3445
prescriptive authority to a physician assistant, the physician	3446
assistant shall hold a certificate to prescribe issued under this	3447
chapter.	3448

(6) If the physician holds approval of more than one	3449
physician assistant utilizationsupervisory plan, the agreement	3450
mustshall specify the plan under which the physician assistant	3451
will practice. If these conditions are	3452

(B) The board shall review each application received. If the	3453
board finds that the requirements specified in division (A) of	3454
this section have been met and the applicant has paid the fee is	3455
paidspecified in section 4730.18 of the Revised Code, the board	3456
shall issue a letter toapprove the supervision agreement and	3457
notify the supervising physician acknowledging itsof the board's	3458
approval of the supervision agreement. If physician-delegated	3459
prescriptive authority will be granted to more than one physician	3460
assistant under the supervision agreement, the board shall specify	3461
in the notice that its approval is specific to each physician	3462
assistant. The board shall provide notice of its approval of a	3463
supervision agreement not later than thirty days after the board	3464
receives a complete application for approval.	3465

(C) After a supervision agreement is approved, a physician	3466
may apply to the board for approval to initiate supervision of a	3467
physician assistant who is not listed on the agreement. IfThere	3468
is no fee for applying for the addition of a physician assistant	3469
to a supervision agreement.	3470

To receive the board's approval of the addition to the	3471
supervision agreement, the physician assistant holdsshall hold a	3472
current certificate of registrationto practice as a physician	3473
assistant. If the physician intends to grant physician-delegated	3474
prescriptive authority to the physician assistant, the physician	3475
assistant shall hold a current certificate to prescribe. If these	3476
requirements are met, the board shall issue a letter tonotify the	3477
physician acknowledgingof its approval of the addition to the	3478
supervision agreement. The board shall provide notice of its	3479
approval not later than thirty days after the board receives a	3480
complete application for approval.	3481

There is no fee for applying for additions to a supervision	3482
agreement under this division.	3483

(D) The board's approval of a supervision agreement expires	3484
on the thirty-first day of January of each odd-numbered year. The	3485
board may renew its approval of a supervision agreement if the	3486
supervising physician submits to the board a signed statement on a	3487
form prescribed and provided by the board specifying that the	3488
physician seeks to continue supervising one or more physician	3489
assistants and the board determines that each physician assistant	3490
who will be supervised holds a valid certificate of registration.	3491
The statement shall be accompanied by a fee of twenty-five	3492
dollars. All fees shall be deposited in accordance with section	3493
4731.24 of the Revised Code.	3494

Sec. 4730.20. (A) The state medical board's approval of a	3495
supervision agreement expires on the thirty-first day of January	3496
of each odd-numbered year and may be renewed. A supervising	3497
physician seeking renewal of the board's approval of a supervision	3498
agreement shall submit to the board an application for renewal on	3499
forms prescribed and furnished by the board. The application shall	3500
be accompanied by a renewal fee of twenty-five dollars. Renewal	3501
fees shall be deposited in accordance with section 4731.24 of the	3502
Revised Code.	3503

(B) For the board's approval of a supervision agreement to be	3504
renewed under this section, all of the following apply:	3505

(1) The applicant shall submit a signed statement on a form	3506
prescribed by the board specifying that the physician intends to	3507
continue supervising the one or more physician assistants	3508
specified in the agreement.	3509

(2) Each of the physician assistants specified in the	3510
agreement shall hold a current certificate to practice as a	3511
physician assistant.	3512

(3) If physician-delegated prescriptive authority will be	3513
granted to one or more physician assistants under the supervision	3514
agreement, each of the physician assistants shall hold a valid	3515
certificate to prescribe issued under this chapter.	3516

(C) The board shall renew its approval of the supervision	3517
agreement if the fee has been paid and the requirements specified	3518
in division (B) of this section have been met.	3519

Sec. 4730.21.  (A) The supervising physician of a physician	3520
assistant exercises oversightsupervision, control, and direction	3521
of the physician assistant. In supervising a physician assistant,	3522
the supervising physician shall do all of the following apply:	3523

(1) BeExcept when the on-site supervision requirements	3524
specified in section 4730.45 of the Revised Code are applicable,	3525
the supervising physician shall be continuously available for	3526
direct communication with the physician assistant by either of the	3527
following means:	3528

(a) Being physically present at the location where the	3529
physician assistant is practicing;	3530

(b) Being readily available to the physician assistant	3531
through some means of telecommunication and being in a location	3532
that under normal conditions is not more than sixty minutes travel	3533
time away from the location where the physician assistant is	3534
practicing.	3535

(2) PersonallyThe supervising physician shall personally and	3536
actively review the physician assistant's professional	3537
activities;.	3538

(3) RegularlyThe supervising physician shall regularly	3539
review the condition of the patients treated by the physician	3540
assistant;.	3541

(4) RegularlyThe supervising physician shall ensure that the	3542
quality assurance system established pursuant to division (F) of	3543
this section is implemented and maintained.	3544

(5) The supervising physician shall regularly perform any	3545
other reviews of the physician assistant that the supervising	3546
physician considers necessary.	3547

(B) A physician may enter into supervision agreements with	3548
any number of physician assistants, but the physician may not	3549
supervise more than two physician assistants at any one time. A	3550
physician assistant may enter into supervision agreements with any	3551
number of supervising physicians, but when practicing under the	3552
supervision of a particular physician, the physician assistant's	3553
scope of practice is subject to the limitations of the utilization	3554
physician supervisory plan that has been approved under section	3555
4730.17 of the Revised Code for that physician or the policies of	3556
the health care facility in which the physician and physician	3557
assistant are practicing.	3558

When a supervision agreement between a physician assistant	3559
and a supervising physician is terminated, the physician and the	3560
physician assistant shall notify the state medical board. The	3561
notice shall be submitted not later than two week days after the	3562
agreement is terminated. The notice must include an explanation of	3563
the reasons for terminating the agreement.	3564

(C) A supervising physician may authorize a physician	3565
assistant to perform a service only if the service is included in	3566
authorized under the physician assistant utilizationsupervisory	3567
plan approved for that physician andor the policies of the health	3568
care facility in which the physician and physician assistant are	3569
practicing. A supervising physician may authorize a physician	3570
assistant to perform a service only if the physician is satisfied	3571
that the physician assistant is capable of competently performing	3572
the service. A supervising physician shall not authorize a	3573
physician assistant to perform any service that is beyond the	3574
physician's or the physician assistant's expertise or normal	3575
course of practice and expertise.	3576

(D) A patient new to a physician's practice may be seen by a	3577
physician assistant only when a supervising physician is on the	3578
premises, except in those situations specified in a standard or	3579
supplemental utilization plan under which the presence of the	3580
physician is not necessary. A patient new to a physician's	3581
practice or an established patient of a physician with a new	3582
condition shall be seen and personally evaluated by a supervising	3583
physician prior to initiation of any treatment plan proposed by a	3584
physician assistant for the new patient or the established	3585
patient's new condition.(1) A supervising physician may authorize	3586
a physician assistant to practice in any setting within which the	3587
supervising physician routinely practices. When a	3588

(2) In the case of a health care facility with an emergency	3589
department, if the supervising physician authorizes a physician	3590
assistant to practiceroutinely practices in athe facility's	3591
emergency department, the supervising physician shall provide	3592
on-site supervision of the physician assistant when the physician	3593
assistant practices in the emergency department. If the	3594
supervising physician does not routinely practice in the	3595
facility's emergency department, the supervising physician may, on	3596
occasion, send the physician assistant to the facility's emergency	3597
department to assess and manage a patient. In supervising the	3598
physician assistant's assessment and management of the patient,	3599
the supervising physician shall determine the appropriate level of	3600
supervision in compliance with the requirements of divisions (A)	3601
to (C) of this section, except that the supervising physician must	3602
be available to go to the emergency department to personally	3603
evaluate the patient and, at the request of an emergency	3604
department physician, the supervising physician shall go to the	3605
emergency department to personally evaluate the patient.	3606

(E) Each time a physician assistant writes a medical order,	3607
including prescriptions written in the exercise of	3608
physician-delegated prescriptive authority, the physician	3609
assistant shall sign the form on which the order is written and	3610
record on the form the time and date that the order is written.	3611
When writing a medical order, the physician assistant shall use	3612
forms that clearly identify the physician under whose supervision	3613
the physician assistant is authorized to write the order. The	3614

supervising physician named on the order shall review each	3615
medical order written by the physician assistant not later than	3616
twenty-four hours after the order is written, unless the	3617
supervising physician's utilization plan specifically authorizes a	3618
longer period of time for review. After reviewing an order, the	3619
supervising physician shall countersign the order if the	3620
supervising physician determines that the order is appropriate.	3621
Countersignature by the supervising physician is necessary before	3622
any	3623

person may execute the physician assistant's order, except in	3624
situations in which a patient requires immediate attention and any	3625
other circumstances specified in a supplemental utilization plan	3626
under which countersignature is not necessary. The supervising	3627
physician shall review each medical order executed without	3628
countersignature not later than twenty-four hours after the order	3629
is written	3630

(F)(1) The supervising physician of a physician assistant	3631
shall establish a quality assurance system to be used in	3632
supervising the physician assistant. All or part of the system may	3633
be applied to other physician assistants who are supervised by the	3634
supervising physician. The system shall be developed in	3635
consultation with each physician assistant to be supervised by the	3636
physician.	3637

(2) In establishing the quality assurance system, the	3638
supervising physician shall describe a process to be used for all	3639
of the following:	3640

(a) Routine review by the physician of selected patient	3641
record entries made by the physician assistant and selected	3642
medical orders issued by the physician assistant;	3643

(b) Discussion of complex cases;

3644

(c) Discussion of new medical developments relevant to the	3645
practice of the physician and physician assistant;	3646

(d) Performance of any quality assurance activities required	3647
in rules adopted by state medical board pursuant to any	3648
recommendations made by the physician assistant policy committee	3649
under section 4730.06 of the Revised Code;	3650

(e) Performance of any other quality assurance activities	3651
that the supervising physician considers to be appropriate.	3652

(3) The supervising physician and physician assistant shall	3653
keep records of their quality assurance activities. On request,	3654
the records shall be made available to the board and any health	3655
care professional working with the supervising physician and	3656
physician assistant.	3657

Sec. 4730.22.  (A) A physician assistant's supervising	3658
physician assumes legal liability for the services provided by the	3659
physician assistant.	3660

The physician is not liable for any services provided by the	3661
physician assistant after their supervision agreement is	3662
terminated.	3663

(B) When anya health care facility permits physician	3664
assistants to practice within that facility or any other health	3665
care facility under its control, the health care facility shall	3666
make reasonable efforts to explain to each individual who may work	3667
with a particular physician assistant the scope of that physician	3668
assistant's practice as determined by each supervising physician's	3669
physician assistant utilization plan and any policies maintained	3670
by the facility regarding the practice of physician assistants	3671
within the facility. The appropriate credentialing body within the	3672
health care facility shall provide, on request of an individual	3673
practicing in the facility with a physician assistant, a copy of	3674
the facility's policies on the practice of physician assistants	3675
within the facility and a copy of each physician assistant	3676
utilizationsupervisory plan and supervision agreement applicable	3677
to the physician assistant.	3678

An individual who follows the orders of a physician assistant	3679
practicing in a health care facility is not subject to	3680
disciplinary action by any administrative agency that governs that	3681
individual's conduct and is not liable in damages in a civil	3682
action for injury, death, or loss to person or property resulting	3683
from the individual's acts or omissions in the performance of any	3684
procedure, treatment, or other health care service if the	3685
individual reasonably believed that the physician assistant was	3686
acting within the proper scope of practice or was relaying medical	3687
orders from a supervising physician, unless the act or omission	3688
constitutes willful or wanton misconduct.	3689

Sec. 4730.25.  (A) The state medical board, by an affirmative	3690
vote of not fewer than six members, may revoke or may refuse to	3691
grant a certificate of registrationto practice as a physician	3692
assistant or a certificate to prescribe to a person found by the	3693
board to have committed fraud, misrepresentation, or deception in	3694
applying for or securing the certificate.	3695

(B) The board, by an affirmative vote of not fewer than six	3696
members, shall, to the extent permitted by law, limit, revoke, or	3697
suspend an individual's certificate of registrationto practice as	3698
a physician assistant or certificate to prescribe, refuse to issue	3699
a certificate to an applicant, refuse to reinstate a certificate,	3700
or reprimand or place on probation the holder of a certificate for	3701
any of the following reasons:	3702

(1) Failure to practice in accordance with the conditions	3703
under which the supervising physician's supervision agreement with	3704
the physician assistant was approved, including the requirement	3705
that when practicing under a particular supervising physician, the	3706
physician assistant must practice only according to the standard	3707
or supplemental utilizationphysician supervisory plan the board	3708
approved for that physician or the policies of the health care	3709
facility in which the supervising physician and physician	3710
assistant are practicing;	3711

(2) Failure to comply with the requirements of this chapter,	3712
Chapter 4731. of the Revised Code, or any rules adopted by the	3713
board;	3714

(3) Violating or attempting to violate, directly or	3715
indirectly, or assisting in or abetting the violation of, or	3716
conspiring to violate, any provision of this chapter, Chapter	3717
4731. of the Revised Code, or the rules adopted by the board;	3718

(4) Inability to practice according to acceptable and	3719
prevailing standards of care by reason of mental illness or	3720
physical illness, including physical deterioration that adversely	3721
affects cognitive, motor, or perceptive skills;	3722

(5) Impairment of ability to practice according to acceptable	3723
and prevailing standards of care because of habitual or excessive	3724
use or abuse of drugs, alcohol, or other substances that impair	3725
ability to practice;	3726

(6) Administering drugs for purposes other than those	3727
authorized under this chapter;	3728

(7) Willfully betraying a professional confidence;

3729

(8) Making a false, fraudulent, deceptive, or misleading	3730
statement in soliciting or advertising for employment as a	3731
physician assistant; in connection with any solicitation or	3732
advertisement for patients,; in relation to the practice of	3733
medicine as it pertains to physician assistants,; or in securing	3734
or attempting to secure a certificate of registration to practice	3735
as a physician assistant, a certificate to prescribe, or approval	3736
of a supervision agreement.	3737

As used in this division, "false, fraudulent, deceptive, or	3738
misleading statement" means a statement that includes a	3739
misrepresentation of fact, is likely to mislead or deceive because	3740
of a failure to disclose material facts, is intended or is likely	3741
to create false or unjustified expectations of favorable results,	3742
or includes representations or implications that in reasonable	3743
probability will cause an ordinarily prudent person to	3744
misunderstand or be deceived.	3745

(9) Representing, with the purpose of obtaining compensation	3746
or other advantage personally or for any other person, that an	3747
incurable disease or injury, or other incurable condition, can be	3748
permanently cured;	3749

(10) The obtaining of, or attempting to obtain, money or	3750
anything of value by fraudulent misrepresentations in the course	3751
of practice;	3752

(11) A plea of guilty to, a judicial finding of guilt of, or	3753
a judicial finding of eligibility for treatmentintervention in	3754
lieu of conviction for, a felony;	3755

(12) Commission of an act that constitutes a felony in this	3756
state, regardless of the jurisdiction in which the act was	3757
committed;	3758

(13) A plea of guilty to, a judicial finding of guilt of, or	3759
a judicial finding of eligibility for treatmentintervention in	3760
lieu of conviction for, a misdemeanor committed in the course of	3761
practice;	3762

(14) A plea of guilty to, a judicial finding of guilt of, or	3763
a judicial finding of eligibility for treatmentintervention in	3764
lieu of conviction for, a misdemeanor involving moral turpitude;	3765

(15) Commission of an act in the course of practice that	3766
constitutes a misdemeanor in this state, regardless of the	3767
jurisdiction in which the act was committed;	3768

(16) Commission of an act involving moral turpitude that	3769
constitutes a misdemeanor in this state, regardless of the	3770
jurisdiction in which the act was committed;	3771

(17) A plea of guilty to, a judicial finding of guilt of, or	3772
a judicial finding of eligibility for treatmentintervention in	3773
lieu of conviction for violating any state or federal law	3774
regulating the possession, distribution, or use of any drug,	3775
including trafficking in drugs;	3776

(18) Any of the following actions taken by the state agency	3777
responsible for regulating the practice of physician assistants in	3778
another state, for any reason other than the nonpayment of fees:	3779
the limitation, revocation, or suspension of an individual's	3780
license to practice; acceptance of an individual's license	3781
surrender; denial of a license; refusal to renew or reinstate a	3782
license; imposition of probation; or issuance of an order of	3783
censure or other reprimand;	3784

(19) A departure from, or failure to conform to, minimal	3785
standards of care of similar physician assistants under the same	3786
or similar circumstances, regardless of whether actual injury to a	3787
patient is established;	3788

(20) Violation of the conditions placed by the board on a	3789
certificate of registrationto practice as a physician assistant,	3790
a certificate to prescribe, physician assistant utilizationa	3791
physician supervisory plan, or supervision agreement;	3792

(21) Violation of the conditions on which a temporary	3793
certificate of registration is issued;	3794

(22) Failure to use universal blood and body fluid	3795
precautions established by rules adopted under section 4731.051 of	3796
the Revised Code;	3797

(23)(22) Failure to cooperate in an investigation conducted	3798
by the board under section 4730.26 of the Revised Code, including	3799
failure to comply with a subpoena or order issued by the board or	3800
failure to answer truthfully a question presented by the board at	3801
a deposition or in written interrogatories, except that failure to	3802
cooperate with an investigation shall not constitute grounds for	3803
discipline under this section if a court of competent jurisdiction	3804
has issued an order that either quashes a subpoena or permits the	3805
individual to withhold the testimony or evidence in issue;	3806

(24)(23) Assisting suicide as defined in section 3795.01 of	3807
the Revised Code;	3808

(24) Prescribing any drug or device to perform or induce an	3809
abortion, or otherwise performing or inducing an abortion.	3810

(C) Disciplinary actions taken by the board under divisions	3811
(A) and (B) of this section shall be taken pursuant to an	3812
adjudication under Chapter 119. of the Revised Code, except that	3813
in lieu of an adjudication, the board may enter into a consent	3814
agreement with a physician assistant or applicant to resolve an	3815
allegation of a violation of this chapter or any rule adopted	3816
under it. A consent agreement, when ratified by an affirmative	3817
vote of not fewer than six members of the board, shall constitute	3818
the findings and order of the board with respect to the matter	3819
addressed in the agreement. If the board refuses to ratify a	3820
consent agreement, the admissions and findings contained in the	3821
consent agreement shall be of no force or effect.	3822

(D) For purposes of divisions (B)(12), (15), and (16) of this	3823
section, the commission of the act may be established by a finding	3824
by the board, pursuant to an adjudication under Chapter 119. of	3825
the Revised Code, that the applicant or certificate holder	3826
committed the act in question. The board shall have no	3827
jurisdiction under these divisions in cases where the trial court	3828
renders a final judgment in the certificate holder's favor and	3829
that judgment is based upon an adjudication on the merits. The	3830
board shall have jurisdiction under these divisions in cases where	3831
the trial court issues an order of dismissal upon technical or	3832
procedural grounds.	3833

(E) The sealing of conviction records by any court shall have	3834
no effect upon a prior board order entered under the provisions of	3835
this section or upon the board's jurisdiction to take action under	3836
the provisions of this section if, based upon a plea of guilty, a	3837
judicial finding of guilt, or a judicial finding of eligibility	3838
for treatmentintervention in lieu of conviction, the board issued	3839
a notice of opportunity for a hearing prior to the court's order	3840
to seal the records. The board shall not be required to seal,	3841
destroy, redact, or otherwise modify its records to reflect the	3842
court's sealing of conviction records.	3843

(F) For purposes of this division, any individual who holds a	3844
certificate of registration issued under this chapter, or applies	3845
for a certificate of registrationissued under this chapter, shall	3846
be deemed to have given consent to submit to a mental or physical	3847
examination when directed to do so in writing by the board and to	3848
have waived all objections to the admissibility of testimony or	3849
examination reports that constitute a privileged communication.	3850

(1) In enforcing division (B)(4) of this section, the board,	3851
upon a showing of a possible violation, may compel any individual	3852
who holds a certificate of registration issued under this chapter	3853
or who has applied for a certificate of registration pursuant to	3854
this chapter to submit to a mental examination, physical	3855
examination, including an HIV test, or both a mental and physical	3856
examination. The expense of the examination is the responsibility	3857
of the individual compelled to be examined. Failure to submit to a	3858
mental or physical examination or consent to an HIV test ordered	3859
by the board constitutes an admission of the allegations against	3860
the individual unless the failure is due to circumstances beyond	3861
the individual's control, and a default and final order may be	3862
entered without the taking of testimony or presentation of	3863
evidence. If the board finds a physician assistant unable to	3864
practice because of the reasons set forth in division (B)(4) of	3865
this section, the board shall require the physician assistant to	3866
submit to care, counseling, or treatment by physicians approved or	3867
designated by the board, as a condition for an initial, continued,	3868
reinstated, or renewed certificate of registration. An individual	3869
affected under this division shall be afforded an opportunity to	3870
demonstrate to the board the ability to resume practicing in	3871
compliance with acceptable and prevailing standards of care.	3872

(2) For purposes of division (B)(5) of this section, if the	3873
board has reason to believe that any individual who holds a	3874
certificate of registration issued under this chapter or any	3875
applicant for a certificate of registration suffers such	3876
impairment, the board may compel the individual to submit to a	3877
mental or physical examination, or both. The expense of the	3878
examination is the responsibility of the individual compelled to	3879
be examined. Any mental or physical examination required under	3880
this division shall be undertaken by a treatment provider or	3881
physician qualified to conduct such examination and chosen by the	3882
board.	3883

Failure to submit to a mental or physical examination ordered	3884
by the board constitutes an admission of the allegations against	3885
the individual unless the failure is due to circumstances beyond	3886
the individual's control, and a default and final order may be	3887
entered without the taking of testimony or presentation of	3888
evidence. If the board determines that the individual's ability to	3889
practice is impaired, the board shall suspend the individual's	3890
certificate or deny the individual's application and shall require	3891
the individual, as a condition for initial, continued, reinstated,	3892
or renewed licensurecertification to practice or prescribe, to	3893
submit to treatment.	3894

Before being eligible to apply for reinstatement of a	3895
certificate suspended under this division, the physician assistant	3896
shall demonstrate to the board the ability to resume practice or	3897
prescribing in compliance with acceptable and prevailing standards	3898
of care. The demonstration shall include the following:	3899

(a) Certification from a treatment provider approved under	3900
section 4731.25 of the Revised Code that the individual has	3901
successfully completed any required inpatient treatment;	3902

(b) Evidence of continuing full compliance with an aftercare	3903
contract or consent agreement;	3904

(c) Two written reports indicating that the individual's	3905
ability to practice has been assessed and that the individual has	3906
been found capable of practicing according to acceptable and	3907
prevailing standards of care. The reports shall be made by	3908
individuals or providers approved by the board for making such	3909
assessments and shall describe the basis for their determination.	3910

The board may reinstate a certificate suspended under this	3911
division after such demonstration and after the individual has	3912
entered into a written consent agreement.	3913

When the impaired physician assistant resumes practice or	3914
prescribing, the board shall require continued monitoring of the	3915
physician assistant. The monitoring shall include compliance with	3916
the written consent agreement entered into before reinstatement or	3917
with conditions imposed by board order after a hearing, and, upon	3918
termination of the consent agreement, submission to the board for	3919
at least two years of annual written progress reports made under	3920
penalty of falsification stating whether the physician assistant	3921
has maintained sobriety.	3922

(G) If the secretary and supervising member determine that	3923
there is clear and convincing evidence that a physician assistant	3924
has violated division (B) of this section and that the	3925
individual's continued practice or prescribing presents a danger	3926
of immediate and serious harm to the public, they may recommend	3927
that the board suspend the individual's certificate to practice or	3928
prescribe without a prior hearing. Written allegations shall be	3929
prepared for consideration by the board.	3930

The board, upon review of those allegations and by an	3931
affirmative vote of not fewer than six of its members, excluding	3932
the secretary and supervising member, may suspend a certificate	3933
without a prior hearing. A telephone conference call may be	3934
utilized for reviewing the allegations and taking the vote on the	3935
summary suspension.	3936

The board shall issue a written order of suspension by	3937
certified mail or in person in accordance with section 119.07 of	3938
the Revised Code. The order shall not be subject to suspension by	3939
the court during pendency of any appeal filed under section 119.12	3940
of the Revised Code. If the physician assistant requests an	3941
adjudicatory hearing by the board, the date set for the hearing	3942
shall be within fifteen days, but not earlier than seven days,	3943
after the physician assistant requests the hearing, unless	3944
otherwise agreed to by both the board and the certificate holder.	3945

A summary suspension imposed under this division shall remain	3946
in effect, unless reversed on appeal, until a final adjudicative	3947
order issued by the board pursuant to this section and Chapter	3948
119. of the Revised Code becomes effective. The board shall issue	3949
its final adjudicative order within sixty days after completion of	3950
its hearing. Failure to issue the order within sixty days shall	3951
result in dissolution of the summary suspension order, but shall	3952
not invalidate any subsequent, final adjudicative order.	3953

(H) If the board takes action under division (B)(11), (13),	3954
or (14) of this section, and the judicial finding of guilt, guilty	3955
plea, or judicial finding of eligibility for treatment	3956
intervention in lieu of conviction is overturned on appeal, upon	3957
exhaustion of the criminal appeal, a petition for reconsideration	3958
of the order may be filed with the board along with appropriate	3959
court documents. Upon receipt of a petition and supporting court	3960
documents, the board shall reinstate the certificate of	3961
registrationto practice or prescribe. The board may then hold an	3962
adjudication under Chapter 119. of the Revised Code to determine	3963
whether the individual committed the act in question. Notice of	3964
opportunity for hearing shall be given in accordance with Chapter	3965
119. of the Revised Code. If the board finds, pursuant to an	3966
adjudication held under this division, that the individual	3967
committed the act, or if no hearing is requested, it may order any	3968
of the sanctions identified under division (B) of this section.	3969

(I) The certificate of registration ofto practice issued to	3970
a physician assistant and the physician assistant's practice in	3971
this state are automatically suspended as of the date the	3972
physician assistant pleads guilty to, is found by a judge or jury	3973
to be guilty of, or is subject to a judicial finding of	3974
eligibility for intervention in lieu of conviction in this state	3975
or treatment or intervention in lieu of conviction in another	3976
state for any of the following criminal offenses in this state or	3977
a substantially equivalent criminal offense in another	3978
jurisdiction: aggravated murder, murder, voluntary manslaughter,	3979
felonious assault, kidnapping, rape, sexual battery, gross sexual	3980
imposition, aggravated arson, aggravated robbery, or aggravated	3981
burglary. Continued practice after the suspension shall be	3982
considered practicing without a certificate.	3983

The board shall notify the individual subject to the	3984
suspension by certified mail or in person in accordance with	3985
section 119.07 of the Revised Code. If an individual whose	3986
certificate is suspended under this division fails to make a	3987
timely request for an adjudication under Chapter 119. of the	3988
Revised Code, the board shall enter a final order permanently	3989
revoking the individual's certificate of registrationto practice.	3990

(J) In any instance in which the board is required by Chapter	3991
119. of the Revised Code to give notice of opportunity for hearing	3992
and the individual subject to the notice does not timely request a	3993
hearing in accordance with section 119.07 of the Revised Code, the	3994
board is not required to hold a hearing, but may adopt, by an	3995
affirmative vote of not fewer than six of its members, a final	3996
order that contains the board's findings. In that final order, the	3997
board may order any of the sanctions identified under division (A)	3998
or (B) of this section.	3999

(K) Any action taken by the board under division (B) of this	4000
section resulting in a suspension shall be accompanied by a	4001
written statement of the conditions under which the physician	4002
assistant's certificate may be reinstated. The board shall adopt	4003
rules in accordance with Chapter 119. of the Revised Code	4004
governing conditions to be imposed for reinstatement.	4005
Reinstatement of a certificate suspended pursuant to division (B)	4006
of this section requires an affirmative vote of not fewer than six	4007
members of the board.	4008

(L) When the board refuses to grant to an applicant a	4009
certificate of registrationto practice as a physician assistant	4010
to an applicantor a certificate to prescribe, revokes an	4011
individual's certificate of registration, refuses to issue a	4012
certificate of registration, or refuses to reinstate an	4013
individual's certificate of registration, the board may specify	4014
that its action is permanent. An individual subject to a permanent	4015
action taken by the board is forever thereafter ineligible to hold	4016
athe certificate of registration as a physician assistant and the	4017
board shall not accept an application for reinstatement of the	4018
certificate or for issuance of a new certificate.	4019

(M) Notwithstanding any other provision of the Revised Code,	4020
all of the following apply:	4021

(1) The surrender of a certificate of registration as a	4022
physician assistant issued under this chapter is not effective	4023
unless or until accepted by the board. Reinstatement of a	4024
certificate surrendered to the board requires an affirmative vote	4025
of not fewer than six members of the board.	4026

(2) An application made under this chapter for a certificate	4027
of registration, approval of a standard or supplemental	4028
utilizationphysician supervisory plan, or approval of a	4029
supervision agreement may not be withdrawn without approval of the	4030
board.	4031

(3) Failure by an individual to renew a certificate of	4032
registration in accordance with section 4730.124730.14 or section	4033
4730.48 of the Revised Code shall not remove or limit the board's	4034
jurisdiction to take disciplinary action under this section	4035
against the individual.	4036

Sec. 4730.26.  (A) The state medical board shall investigate	4037
evidence that appears to show that any person has violated this	4038
chapter or a rule adopted under it. AnyIn an investigation	4039
involving the practice or supervision of a physician assistant	4040
pursuant to the policies of a health care facility, the board may	4041
require that the health care facility provide any information the	4042
board considers necessary to identify either or both of the	4043
following:	4044

(1) The facility's policies for the practice of physician	4045
assistants within the facility;	4046

(2) The services that the facility has authorized a	4047
particular physician assistant to provide for the facility.	4048

(B) Any person may report to the board in a signed writing	4049
any information the person has that appears to show a violation of	4050
any provision of this chapter or rule adopted under it. In the	4051
absence of bad faith, a person who reports such information or	4052
testifies before the board in an adjudication conducted under	4053
Chapter 119. of the Revised Code shall not be liable for civil	4054
damages as a result of reporting the information or providing	4055
testimony. Each complaint or allegation of a violation received by	4056
the board shall be assigned a case number and be recorded by the	4057
board.	4058

(B)(C) Investigations of alleged violations of this chapter	4059
or rules adopted under it shall be supervised by the supervising	4060
member elected by the board in accordance with section 4731.02 of	4061
the Revised Code and by the secretary as provided in section	4062
4730.33 of the Revised Code. The president may designate another	4063
member of the board to supervise the investigation in place of the	4064
supervising member. A member of the board who supervises the	4065
investigation of a case shall not participate in further	4066
adjudication of the case.	4067

(C)(D) In investigating a possible violation of this chapter	4068
or a rule adopted under it, the board may administer oaths, order	4069
the taking of depositions, issue subpoenas, and compel the	4070
attendance of witnesses and production of books, accounts, papers,	4071
records, documents, and testimony, except that a subpoena for	4072
patient record information shall not be issued without	4073
consultation with the attorney general's office and approval of	4074
the secretary and supervising member of the board. Before issuance	4075
of a subpoena for patient record information, the secretary and	4076
supervising member shall determine whether there is probable cause	4077
to believe that the complaint filed alleges a violation of this	4078
chapter or a rule adopted under it and that the records sought are	4079
relevant to the alleged violation and material to the	4080
investigation. The subpoena may apply only to records that cover a	4081
reasonable period of time surrounding the alleged violation.	4082

On failure to comply with any subpoena issued by the board	4083
and after reasonable notice to the person being subpoenaed, the	4084
board may move for an order compelling the production of persons	4085
or records pursuant to the Rules of Civil Procedure.	4086

A subpoena issued by the board may be served by a sheriff,	4087
the sheriff's deputy, or a board employee designated by the board.	4088
Service of a subpoena issued by the board may be made by	4089
delivering a copy of the subpoena to the person named therein,	4090
reading it to the person, or leaving it at the person's usual	4091
place of residence. When the person being served is a physician	4092
assistant, service of the subpoena may be made by certified mail,	4093
restricted delivery, return receipt requested, and the subpoena	4094
shall be deemed served on the date delivery is made or the date	4095
the person refuses to accept delivery.	4096

A sheriff's deputy who serves a subpoena shall receive the	4097
same fees as a sheriff. Each witness who appears before the board	4098
in obedience to a subpoena shall receive the fees and mileage	4099
provided for witnesses in civil cases in the courts of common	4100
pleas.	4101

(D)(E) All hearings and investigations of the board shall be	4102
considered civil actions for the purposes of section 2305.252 of	4103
the Revised Code.	4104

(E)(F) Information received by the board pursuant to an	4105
investigation is confidential and not subject to discovery in any	4106
civil action.	4107

The board shall conduct all investigations and proceedings in	4108
a manner that protects the confidentiality of patients and persons	4109
who file complaints with the board. The board shall not make	4110
public the names or any other identifying information about	4111
patients or complainants unless proper consent is given or, in the	4112
case of a patient, a waiver of the patient privilege exists under	4113
division (B) of section 2317.02 of the Revised Code, except that	4114
consent or a waiver is not required if the board possesses	4115
reliable and substantial evidence that no bona fide	4116
physician-patient relationship exists.	4117

The board may share any information it receives pursuant to	4118
an investigation, including patient records and patient record	4119
information, with law enforcement agencies, other licensing	4120
boards, and other governmental agencies that are prosecuting,	4121
adjudicating, or investigating alleged violations of statutes or	4122
administrative rules. An agency or board that receives the	4123
information shall comply with the same requirements regarding	4124
confidentiality as those with which the state medical board must	4125
comply, notwithstanding any conflicting provision of the Revised	4126
Code or procedure of the agency or board that applies when it is	4127
dealing with other information in its possession. In a judicial	4128
proceeding, the information may be admitted into evidence only in	4129
accordance with the Rules of Evidence, but the court shall require	4130
that appropriate measures are taken to ensure that confidentiality	4131
is maintained with respect to any part of the information that	4132
contains names or other identifying information about patients or	4133
complainants whose confidentiality was protected by the state	4134
medical board when the information was in the board's possession.	4135
Measures to ensure confidentiality that may be taken by the court	4136
include sealing its records or deleting specific information from	4137
its records.	4138

(F)(G) The state medical board shall develop requirements for	4139
and provide appropriate initial and continuing training for	4140
investigators employed by the board to carry out its duties under	4141
this chapter. The training and continuing education may include	4142
enrollment in courses operated or approved by the Ohio peace	4143
officer training council that the board considers appropriate	4144
under conditions set forth in section 109.79 of the Revised Code.	4145

(G)(H) On a quarterly basis, the board shall prepare a report	4146
that documents the disposition of all cases during the preceding	4147
three months. The report shall contain the following information	4148
for each case with which the board has completed its activities:	4149

(1) The case number assigned to the complaint or alleged	4150
violation;	4151

(2) The type of certificate to practice, if any, held by the	4152
individual against whom the complaint is directed;	4153

(3) A description of the allegations contained in the	4154
complaint;	4155

(4) The disposition of the case.

4156

The report shall state how many cases are still pending, and	4157
shall be prepared in a manner that protects the identity of each	4158
person involved in each case. The report shall be submitted to the	4159
physician assistant policy committee of the board and is a public	4160
record for purposes of section 149.43 of the Revised Code.	4161

Sec. 4730.27.  If the state medical board has reason to	4162
believe that any person who has been granted a certificate of	4163
registration under this chapter is mentally ill or mentally	4164
incompetent, it may file in the probate court of the county in	4165
which such person has a legal residence an affidavit in the form	4166
prescribed in section 5122.11 of the Revised Code and signed by	4167
the board secretary or a member of the secretary's staff,	4168
whereupon the same proceedings shall be had as provided in Chapter	4169
5122. of the Revised Code. The attorney general may represent the	4170
board in any proceeding commenced under this section.	4171

If a physician assistant is adjudged by a probate court to be	4172
mentally ill or mentally incompetent, the individual's certificate	4173
of registration shall be automatically suspended until the	4174
individual has filed with the board a certified copy of an	4175
adjudication by a probate court of being restored to competency or	4176
has submitted to the board proof, satisfactory to the board, of	4177
having been discharged as being restored to competency in the	4178
manner and form provided in section 5122.38 of the Revised Code.	4179
The judge of the court shall immediately notify the board of an	4180
adjudication of incompetence and note any suspension of a	4181
certificate in the margin of the court's record of the	4182
certificate.	4183

Sec. 4730.28. (A) An individual whose certificate of	4184
registrationto practice as a physician assistant has been	4185
suspended or is in an inactive state for any cause for more than	4186
two years may apply to the state medical board to have the	4187
certificate reinstatedrestored. Before reinstating	4188

(B)(1) Before restoring a certificate that has been in a	4189
suspended or inactive state for any cause for more than two years	4190
under this section, the board shall determine the physician	4191
assistant'sapplicant's present fitness to resume practice. The	4192
board shall consider the moral background and the activities of	4193
the applicant during the period of suspension or inactivity.	4194

(2) When reinstatingrestoring a certificate, the board may	4195
impose terms and conditions, including the following:	4196

(A)(a) Requiring the physician assistantapplicant to obtain	4197
additional training and pass an examination upon completion of the	4198
training;	4199

(B)(b) Restricting or limiting the extent, scope, or type of	4200
practice of theas a physician assistant that the individual may	4201
resume.	4202

Sec. 4730.31.  (A) As used in this section, "prosecutor" has	4203
the same meaning as in section 2935.01 of the Revised Code.	4204

(B) Whenever any person holding a valid certificate issued	4205
pursuant to this chapter pleads guilty to, is subject to a	4206
judicial finding of guilt of, or is subject to a judicial finding	4207
of eligibility for treatmentintervention in lieu of conviction	4208
for a violation of Chapter 2907., 2925., or 3719. of the Revised	4209
Code or of any substantively comparable ordinance of a municipal	4210
corporation in connection with practicing as a physician	4211
assistant, the prosecutor in the case shall, on forms prescribed	4212
and provided by the state medical board, promptly notify the board	4213
of the conviction. Within thirty days of receipt of such	4214
information, the board shall initiate action in accordance with	4215
Chapter 119. of the Revised Code to determine whether to suspend	4216
or revoke the certificate under section 4730.314730.25 of the	4217
Revised Code.	4218

(C) The prosecutor in any case against any person holding a	4219
valid certificate issued pursuant to this chapter shall, on forms	4220
prescribed and provided by the state medical board, notify the	4221
board of any of the following:	4222

(1) A plea of guilty to, a judicial finding of guilt of, or	4223
judicial finding of eligibility for treatmentintervention in lieu	4224
of conviction for a felony, or a case where the trial court issues	4225
an order of dismissal upon technical or procedural grounds of a	4226
felony charge;	4227

(2) A plea of guilty to, a judicial finding of guilt of, or	4228
judicial finding or eligibility for treatmentintervention in lieu	4229
of conviction for a misdemeanor committed in the course of	4230
practice, or a case where the trial court issues an order of	4231
dismissal upon technical or procedural grounds of a charge of a	4232
misdemeanor, if the alleged act was committed in the course of	4233
practice;	4234

(3) A plea of guilty to, a judicial finding of guilt of, or	4235
judicial finding of eligibility for treatmentintervention in lieu	4236
of conviction for a misdemeanor involving moral turpitude, or a	4237
case where the trial court issues an order of dismissal upon	4238
technical or procedural grounds of a charge of a misdemeanor	4239
involving moral turpitude.	4240

The report shall include the name and address of the	4241
certificate holder, the nature of the offense for which the action	4242
was taken, and the certified court documents recording the action.	4243

Sec. 4730.32.  (A) Within sixty days after the imposition of	4244
any formal disciplinary action taken by anya health care	4245
facility, including a hospital, health care facility operated by	4246
an insuring corporation, ambulatory surgical center, or similar	4247
facility, against any individual holding a valid certificate of	4248
registrationto practice as a physician assistant, the chief	4249
administrator or executive officer of the facility shall report to	4250
the state medical board the name of the individual, the action	4251
taken by the facility, and a summary of the underlying facts	4252
leading to the action taken. Upon request, the board shall be	4253
provided certified copies of the patient records that were the	4254
basis for the facility's action. Prior to release to the board,	4255
the summary shall be approved by the peer review committee that	4256
reviewed the case or by the governing board of the facility.	4257

The filing of a report with the board or decision not to file	4258
a report, investigation by the board, or any disciplinary action	4259
taken by the board, does not preclude a health care facility from	4260
taking disciplinary action against a physician assistant.	4261

In the absence of fraud or bad faith, no individual or entity	4262
that provides patient records to the board shall be liable in	4263
damages to any person as a result of providing the records.	4264

(B) A physician assistant, professional association or	4265
society of physician assistants, physician, or professional	4266
association or society of physicians that believes a violation of	4267
any provision of this chapter, Chapter 4731. of the Revised Code,	4268
or rule of the board has occurred shall report to the board the	4269
information upon which the belief is based. This division does not	4270
require any treatment provider approved by the board under section	4271
4731.25 of the Revised Code or any employee, agent, or	4272
representative of such a provider to make reports with respect to	4273
a physician assistant participating in treatment or aftercare for	4274
substance abuse as long as the physician assistant maintains	4275
participation in accordance with the requirements of section	4276
4731.25 of the Revised Code and the treatment provider or	4277
employee, agent, or representative of the provider has no reason	4278
to believe that the physician assistant has violated any provision	4279
of this chapter or rule adopted under it, other than being	4280
impaired by alcohol, drugs, or other substances. This division	4281
does not require reporting by any member of an impaired	4282
practitioner committee established by a health care facility or by	4283
any representative or agent of a committee or program sponsored by	4284
a professional association or society of physician assistants to	4285
provide peer assistance to physician assistants with substance	4286
abuse problems with respect to a physician assistant who has been	4287
referred for examination to a treatment program approved by the	4288
board under section 4731.25 of the Revised Code if the physician	4289
assistant cooperates with the referral for examination and with	4290
any determination that the physician assistant should enter	4291
treatment and as long as the committee member, representative, or	4292
agent has no reason to believe that the physician assistant has	4293
ceased to participate in the treatment program in accordance with	4294
section 4731.25 of the Revised Code or has violated any provision	4295
of this chapter or rule adopted under it, other than being	4296
impaired by alcohol, drugs, or other substances.	4297

(C) Any professional association or society composed	4298
primarily of physician assistants that suspends or revokes an	4299
individual's membership for violations of professional ethics, or	4300
for reasons of professional incompetence or professional	4301
malpractice, within sixty days after a final decision, shall	4302
report to the board, on forms prescribed and provided by the	4303
board, the name of the individual, the action taken by the	4304
professional organization, and a summary of the underlying facts	4305
leading to the action taken.	4306

The filing or nonfiling of a report with the board,	4307
investigation by the board, or any disciplinary action taken by	4308
the board, shall not preclude a professional organization from	4309
taking disciplinary action against a physician assistant.	4310

(D) Any insurer providing professional liability insurance to	4311
any person holding a valid certificate of registrationto practice	4312
as a physician assistant or any other entity that seeks to	4313
indemnify the professional liability of a physician assistant	4314
shall notify the board within thirty days after the final	4315
disposition of any written claim for damages where such	4316
disposition results in a payment exceeding twenty-five thousand	4317
dollars. The notice shall contain the following information:	4318

(1) The name and address of the person submitting the	4319
notification;	4320

(2) The name and address of the insured who is the subject of	4321
the claim;	4322

(3) The name of the person filing the written claim;

4323

(4) The date of final disposition;

4324

(5) If applicable, the identity of the court in which the	4325
final disposition of the claim took place.	4326

(E) The board may investigate possible violations of this	4327
chapter or the rules adopted under it that are brought to its	4328
attention as a result of the reporting requirements of this	4329
section, except that the board shall conduct an investigation if a	4330
possible violation involves repeated malpractice. As used in this	4331
division, "repeated malpractice" means three or more claims for	4332
malpractice within the previous five-year period, each resulting	4333
in a judgment or settlement in excess of twenty-five thousand	4334
dollars in favor of the claimant, and each involving negligent	4335
conduct by the physician assistant.	4336

(F) All summaries, reports, and records received and	4337
maintained by the board pursuant to this section shall be held in	4338
confidence and shall not be subject to discovery or introduction	4339
in evidence in any federal or state civil action involving a	4340
physician assistant, supervising physician, or health care	4341
facility arising out of matters that are the subject of the	4342
reporting required by this section. The board may use the	4343
information obtained only as the basis for an investigation, as	4344
evidence in a disciplinary hearing against a physician assistant	4345
or supervising physician, or in any subsequent trial or appeal of	4346
a board action or order.	4347

The board may disclose the summaries and reports it receives	4348
under this section only to health care facility committees within	4349
or outside this state that are involved in credentialing or	4350
recredentialing a physician assistant or supervising physician or	4351
reviewing their privilege to practice within a particular	4352
facility. The board shall indicate whether or not the information	4353
has been verified. Information transmitted by the board shall be	4354
subject to the same confidentiality provisions as when maintained	4355
by the board.	4356

(G) Except for reports filed by an individual pursuant to	4357
division (B) of this section, the board shall send a copy of any	4358
reports or summaries it receives pursuant to this section to the	4359
physician assistant. The physician assistant shall have the right	4360
to file a statement with the board concerning the correctness or	4361
relevance of the information. The statement shall at all times	4362
accompany that part of the record in contention.	4363

(H) An individual or entity that reports to the board or	4364
refers an impaired physician assistant to a treatment provider	4365
approved by the board under section 4731.25 of the Revised Code	4366
shall not be subject to suit for civil damages as a result of the	4367
report, referral, or provision of the information.	4368

(I) In the absence of fraud or bad faith, a professional	4369
association or society of physician assistants that sponsors a	4370
committee or program to provide peer assistance to a physician	4371
assistant with substance abuse problems, a representative or agent	4372
of such a committee or program, and a member of the state medical	4373
board shall not be held liable in damages to any person by reason	4374
of actions taken to refer a physician assistant to a treatment	4375
provider approved under section 4731.25 of the Revised Code for	4376
examination or treatment.	4377

Sec. 4730.33.  The secretary of the state medical board shall	4378
enforce the laws relating to the practice of physician assistants.	4379
If the secretary has knowledge or notice of a violation of this	4380
chapter or the rules adopted under it, the secretary shall	4381
investigate the matter, and, upon probable cause appearing, file a	4382
complaint and prosecute the offender. When requested by the	4383
secretary, the prosecuting attorney of the proper county shall	4384
take charge of and conduct such prosecution.	4385

In the prosecution of any person for violation of division	4386
(A) of section 4730.02 of the Revised Code it shall not be	4387
necessary to allege or prove want of a valid certificate of	4388
registrationto practice as a physician assistant, but such	4389
matters shall be a matter of defense to be established by the	4390
accused.	4391

Sec. 4730.34.  In the absence of fraud or bad faith, the	4392
state medical board, the board's physician assistant policy	4393
committee, a current or former board or committee member, an agent	4394
of the board or committee, a person formally requested by the	4395
board to be the board's representative or by the committee to be	4396
the committee's representative, or an employee of the board or	4397
committee shall not be held liable in damages to any person as the	4398
result of any act, omission, proceeding, conduct, or decision	4399
related to official duties undertaken or performed pursuant to	4400
this chapter. If any such person requests to be defended by the	4401
state against any claim or action arising out of any act,	4402
omission, proceeding, conduct, or decision related to the person's	4403
official duties, and if the request is made in writing at a	4404
reasonable time before trial and the person requesting defense	4405
cooperates in good faith in the defense of the claim or action,	4406
the state shall provide and pay for the person's defense and shall	4407
pay any resulting judgment, compromise, or settlement. At no time	4408
shall the state pay any part of a claim or judgment that is for	4409
punitive or exemplary damages.	4410

Sec. 4730.38.  (A) Not later than six months after the	4411
effective date of this section, the physician assistant policy	4412
committee of the state medical board shall submit to the board its	4413
initial recommendations regarding physician-delegated prescriptive	4414
authority for physician assistants. The committee's	4415
recommendations shall address all of the following:	4416

(1) Policy and procedures regarding physician-delegated	4417
prescriptive authority, including the issuance of certificates to	4418
prescribe under this chapter;	4419

(2) Subject to the limitations specified in section 4730.40	4420
of the Revised Code, a formulary listing the drugs and therapeutic	4421
devices by class and specific nomenclature that a supervising	4422
physician may include in the physician-delegated prescriptive	4423
authority granted to a physician assistant who holds a certificate	4424
to prescribe issued under this chapter;	4425

(3) Any issue the committee considers necessary to assist the	4426
board in fulfilling its duty to adopt rules governing	4427
physician-delegated prescriptive authority, including the issuance	4428
of certificates to prescribe.	4429

(B) After the board's adoption of initial rules under section	4430
4730.39 of the Revised Code, the committee shall conduct an annual	4431
review of its recommendations regarding physician-delegated	4432
prescriptive authority. Based on its review, the committee shall	4433
submit recommendations to the board as the committee considers	4434
necessary.	4435

(C) Recommendations submitted under this section are subject	4436
to the procedures and time frames specified in division (C) of	4437
section 4730.06 of the Revised Code.	4438

Sec. 4730.39.  (A) Not later than six months after receiving	4439
the initial recommendations of the physician assistant policy	4440
committee submitted pursuant to division (A) of section 4730.38 of	4441
the Revised Code, the state medical board shall adopt rules	4442
governing physician-delegated prescriptive authority for physician	4443
assistants, including the issuance of certificates to prescribe	4444
under this chapter. The board's rules shall establish all of the	4445
following:	4446

(1) Subject to the limitations specified in section 4730.40	4447
of the Revised Code, a formulary listing the drugs and therapeutic	4448
devices by class and specific generic nomenclature that a	4449
physician may include in the physician-delegated prescriptive	4450
authority granted to a physician assistant who holds a certificate	4451
to prescribe under this chapter;	4452

(2) Requirements regarding the pharmacology courses that a	4453
physician assistant is required to complete to receive a	4454
certificate to prescribe;	4455

(3) Standards and procedures for the issuance and renewal of	4456
certificates to prescribe to physician assistants;	4457

(4) Standards and procedures for the appropriate conduct of	4458
the provisional period that a physician assistant is required to	4459
complete pursuant to section 4730.45 of the Revised Code and for	4460
determining whether a physician assistant has successfully	4461
completed the provisional period;	4462

(5) A specific prohibition against prescribing any drug or	4463
device to perform or induce an abortion;	4464

(6) Standards and procedures to be followed by a physician	4465
assistant in personally furnishing samples of drugs or complete or	4466
partial supplies of drugs to patients under section 4730.43 of the	4467
Revised Code;	4468

(7) Any other requirements the board considers necessary to	4469
implement the provisions of this chapter regarding	4470
physician-delegated prescriptive authority and the issuance of	4471
certificates to prescribe.	4472

(B) After adopting the initial rules, the board shall conduct	4473
an annual review of the rules. Based on its review, the board	4474
shall make any necessary modifications to the rules.	4475

(C) All rules adopted under this section shall be adopted in	4476
accordance with Chapter 119. of the Revised Code. When adopting	4477
the initial rules, the board shall consider the recommendations of	4478
the physician assistant policy committee submitted pursuant to	4479
division (A) of section 4730.38 of the Revised Code. When making	4480
any modifications to the rules subsequent to its annual review of	4481
the rules, the board shall consider the committee's	4482
recommendations submitted pursuant to division (B) of section	4483
4730.38 of the Revised Code.	4484

Sec. 4730.40.  (A) Subject to divisions (B) and (C) of this	4485
section, the formulary established by the state medical board in	4486
rules adopted under section 4730.39 of the Revised Code listing	4487
the drugs and therapeutic devices by class and specific	4488
nomenclature that a supervising physician may include in the	4489
physician-delegated prescriptive authority granted to a physician	4490
assistant who holds a certificate to prescribe issued under this	4491
chapter may include any or all of the following drugs:	4492

(1) Schedule III, IV, and V controlled substances;

4493

(2) Drugs that under state or federal law may be dispensed	4494
only pursuant to a prescription by a licensed health professional	4495
authorized to prescribe drugs, as defined in section 4729.01 of	4496
the Revised Code;	4497

(3) Any drug that is not a dangerous drug, as defined in	4498
section 4729.01 of the Revised Code.	4499

(B) The formulary established in the board's rules shall not	4500
include, and shall specify that it does not include, the	4501
following:	4502

(1) Any schedule II controlled substance;

4503

(2) Any drug or device used to perform or induce an abortion.

4504

(C) When adopting rules establishing the initial formulary,	4505
the board shall include provisions ensuring that a physician	4506
assistant who holds a certificate to prescribe issued under this	4507
chapter may be granted physician-delegated prescriptive authority	4508
for all drugs and therapeutic devices that may be prescribed on	4509
the effective date of the rules by a holder of a certificate to	4510
prescribe issued by the board of nursing under Chapter 4723. of	4511
the Revised Code, with the exception of schedule II controlled	4512
substances. To the extent permitted by division (A) of this	4513
section, the initial formulary may include additional drugs or	4514
therapeutic devices.	4515

Sec. 4730.401.  Notwithstanding the provisions of this	4516
chapter referring to the formulary established in rules adopted by	4517
the state medical board under section 4730.39 of the Revised Code,	4518
all of the following apply:	4519

(A) If the state medical board has adopted all rules	4520
necessary to issue certificates to prescribe under this chapter	4521
other than the formulary, the board shall begin issuing the	4522
certificates to prescribe, and the formulary established under	4523
Chapter 4723. of the Revised Code shall constitute the formulary	4524
of drugs and therapeutic devices that a physician may include in	4525
the physician-delegated prescriptive authority granted to a	4526
physician assistant who holds a certificate to prescribe issued	4527
under this chapter. The application of the formulary established	4528
under Chapter 4723. of the Revised Code shall cease on the	4529
effective date of the initial rules establishing a formulary under	4530
section 4730.39 of the Revised Code.	4531

(B) During the period specified in division (A) of this	4532
section, all changes relative to the formulary established under	4533
Chapter 4723. of the Revised Code shall apply in like manner to	4534
physician-delegated prescriptive authority for physician	4535
assistants.	4536

(C) Notwithstanding the inclusion of schedule II controlled	4537
substances in the formulary established under Chapter 4723. of the	4538
Revised Code, the formulary that applies to physician-delegated	4539
prescriptive authority for physician assistants under this section	4540
shall not include schedule II controlled substances.	4541

Sec. 4730.41.  (A) A certificate to prescribe issued under	4542
this chapter authorizes a physician assistant to prescribe and	4543
personally furnish drugs and therapeutic devices in the exercise	4544
of physician-delegated prescriptive authority.	4545

(B) In exercising physician-delegated prescriptive authority,	4546
a physician assistant is subject to all of the following:	4547

(1) The physician assistant shall exercise	4548
physician-delegated prescriptive authority only to the extent that	4549
the physician supervising the physician assistant has granted that	4550
authority.	4551

(2) The physician assistant shall comply with all conditions	4552
placed on the physician-delegated prescriptive authority, as	4553
specified by the supervising physician who is supervising the	4554
physician assistant in the exercise of physician-delegated	4555
prescriptive authority.	4556

(3) If the physician assistant possesses physician-delegated	4557
prescriptive authority for controlled substances, the physician	4558
assistant shall register with the federal drug enforcement	4559
administration.	4560

Sec. 4730.42.  (A) In granting physician-delegated	4561
prescriptive authority to a particular physician assistant who	4562
holds a certificate to prescribe issued under this chapter, the	4563
supervising physician is subject to all of the following:	4564

(1) The supervising physician shall not grant	4565
physician-delegated prescriptive authority for any drug or	4566
therapeutic device that is not listed on the formulary established	4567
in rules adopted under section 4730.39 of the Revised Code as a	4568
drug or therapeutic device that may be included in the	4569
physician-delegated prescriptive authority granted to a physician	4570
assistant.	4571

(2) The supervising physician shall not grant	4572
physician-delegated prescriptive authority for any drug or device	4573
that may be used to perform or induce an abortion.	4574

(3) The supervising physician shall not grant	4575
physician-delegated prescriptive authority in a manner that	4576
exceeds the supervising physician's prescriptive authority.	4577

(4) The supervising physician shall supervise the physician	4578
assistant in accordance with all of the following:	4579

(a) The supervision requirements specified in section 4730.21	4580
of the Revised Code and, in the case of supervision provided	4581
during a provisional period of physician-delegated prescriptive	4582
authority, the supervision requirements specified in section	4583
4730.45 of the Revised Code;	4584

(b) The physician supervisory plan approved for the	4585
supervising physician or the policies of the health care facility	4586
in which the physician and physician assistant are practicing;	4587

(c) The supervision agreement approved under section 4730.19	4588
of the Revised Code that applies to the supervising physician and	4589
the physician assistant.	4590

(B)(1) The supervising physician of a physician assistant may	4591
place conditions on the physician-delegated prescriptive authority	4592
granted to the physician assistant. If conditions are placed on	4593
that authority, the supervising physician shall maintain a written	4594
record of the conditions and make the record available to the	4595
state medical board on request.	4596

(2) The conditions that a supervising physician may place on	4597
the physician-delegated prescriptive authority granted to a	4598
physician assistant include the following:	4599

(a) Identification by class and specific generic nomenclature	4600
of drugs and therapeutic devices that the physician chooses not to	4601
permit the physician assistant to prescribe;	4602

(b) Limitations on the dosage units or refills that the	4603
physician assistant is authorized to prescribe;	4604

(c) Specification of circumstances under which the physician	4605
assistant is required to refer patients to the supervising	4606
physician or another physician when exercising physician-delegated	4607
prescriptive authority;	4608

(d) Responsibilities to be fulfilled by the physician in	4609
supervising the physician assistant that are not otherwise	4610
specified in the physician supervisory plan or otherwise required	4611
by this chapter.	4612

Sec. 4730.43. (A) A physician assistant who holds a	4613
certificate to prescribe issued under this chapter and has been	4614
granted physician-delegated prescriptive authority by a	4615
supervising physician may personally furnish to a patient samples	4616
of drugs and therapeutic devices that are included in the	4617
physician assistant's physician-delegated prescriptive authority,	4618
subject to all of the following:	4619

(1) The amount of the sample furnished shall not exceed a	4620
seventy-two hour supply, except when the minimum available	4621
quantity of the sample is packaged in an amount that is greater	4622
than a seventy-two hour supply, in which case the physician	4623
assistant may furnish the sample in the package amount.	4624

(2) No charge may be imposed for the sample or for furnishing	4625
it.	4626

(3) Samples of controlled substances may not be personally	4627
furnished.	4628

(B) A physician assistant who holds a certificate to	4629
prescribe issued under this chapter and has been granted	4630
physician-delegated prescriptive authority by a supervising	4631
physician may personally furnish to a patient a complete or	4632
partial supply of the drugs and therapeutic devices that are	4633
included in the physician assistant's physician-delegated	4634
prescriptive authority. A physician assistant shall personally	4635
furnish complete or partial supplies only when pharmacy services	4636
are not reasonably available, when it is in the best interest of	4637
the patient, or when it is an emergency.	4638

(C) A physician assistant who holds a certificate to	4639
prescribe issued under this chapter and has been granted	4640
physician-delegated prescriptive authority by a supervising	4641
physician may request, receive, and sign for professional samples	4642
of the drugs and therapeutic devices that are included in the	4643
physician assistant's physician-delegated prescriptive authority.	4644

Sec. 4730.44. (A) A physician assistant seeking a certificate	4645
to prescribe shall submit to the state medical board a written	4646
application on a form prescribed and supplied by the board. The	4647
application shall include all of the following information:	4648

(1) The applicant's name, residential address, business	4649
address, if any, and social security number;	4650

(2) Evidence of holding a valid certificate to practice as a	4651
physician assistant issued under this chapter;	4652

(3) Satisfactory proof that the applicant meets the	4653
requirements specified in section 4730.46 of the Revised Code to	4654
participate in a provisional period of physician-delegated	4655
prescriptive authority or satisfactory proof of successful	4656
completion of the provisional period, evidenced by a letter or	4657
copy of a letter attesting to the successful completion written by	4658
a supervising physician of the physician assistant at the time of	4659
completion;	4660

(4) Any other information the board requires.

4661

(B) At the time of making application for a certificate to	4662
prescribe, the applicant shall pay the board a fee of one hundred	4663
dollars, no part of which shall be returned. The fees shall be	4664
deposited in accordance with section 4731.24 of the Revised Code.	4665

(C) The board shall review all applications received. If an	4666
application is complete and the board determines that the	4667
applicant meets the requirements for a certificate to prescribe,	4668
the board shall issue the certificate to the applicant. The	4669
initial certificate to prescribe issued to an applicant shall be	4670
issued as a provisional certificate to prescribe.	4671

Sec. 4730.45.  (A) A provisional certificate to prescribe	4672
issued under section 4730.44 of the Revised Code authorizes the	4673
physician assistant holding the certificate to participate in a	4674
provisional period of physician-delegated prescriptive authority.	4675
The physician assistant shall successfully complete the	4676
provisional period as a condition of receiving a new certificate	4677
to prescribe.	4678

(B) The provisional period shall be conducted by one or more	4679
supervising physicians in accordance with rules adopted under	4680
section 4730.39 of the Revised Code. When supervising a physician	4681
assistant who is completing the first five hundred hours of a	4682
provisional period, the supervising physician shall provide	4683
on-site supervision of the physician assistant's exercise of	4684
physician-delegated prescriptive authority.	4685

The provisional period shall last not longer than one year,	4686
unless it is extended for not longer than one additional year at	4687
the direction of a supervising physician. The physician assistant	4688
shall not be required to participate in the provisional period for	4689
more than one-thousand-eight-hundred hours, except when a	4690
supervising physician has extended the physician assistant's	4691
provisional period.	4692

(C) If a physician assistant does not successfully complete	4693
the provisional period, each supervising physician shall cease	4694
granting physician-delegated prescriptive authority to the	4695
physician assistant. The supervising physician with primary	4696
responsibility for conducting the provisional period shall	4697
promptly notify the state medical board that the physician	4698
assistant did not successfully complete the provisional period and	4699
the board shall revoke the certificate.	4700

(D) A physician assistant who successfully completes a	4701
provisional period shall not be required to complete another	4702
provisional period as a condition of being eligible to be granted	4703
physician-delegated prescriptive authority by a supervising	4704
physician who was not involved in the conduct of the provisional	4705
period.	4706

Sec. 4730.46.  (A) To be eligible to participate in the	4707
provisional period of physician-delegated prescriptive authority	4708
required by section 4730.45 of the Revised Code, both of the	4709
following apply:	4710

(1) The physician assistant shall meet the educational	4711
requirements specified in division (B)(1) of this section or the	4712
educational and clinical experience requirements specified in	4713
division (B)(2) of this section.	4714

(2) The physician assistant shall successfully complete the	4715
pharmacology instruction specified in division (C) of this	4716
section.	4717

(B)(1) For purposes of division (A)(1) of this section, a	4718
physician assistant shall meet either of the following educational	4719
requirements unless division (B)(2) of this section applies:	4720

(a) The physician assistant shall hold a master's or higher	4721
degree that was obtained from a program accredited by the	4722
accreditation review commission on education for the physician	4723
assistant or a predecessor or successor organization recognized by	4724
the state medical board.	4725

(b) The physician assistant shall hold a degree other than a	4726
master's or higher degree that was obtained from a school or	4727
program accredited by the accreditation review commission on	4728
education for the physician assistant or a predecessor or	4729
successor organization recognized by the board and shall hold a	4730
master's or higher degree in a course of study with clinical	4731
relevance to the practice of physician assistants that was	4732
obtained from a program accredited by a regional or specialized	4733
and professional accrediting agency recognized by the council for	4734
higher education accreditation.	4735

(2) Until two years after the effective date of the initial	4736
rules adopted under section 4730.39 of the Revised Code, a	4737
physician assistant who does not hold a master's or higher degree	4738
as specified in division (B)(1) of this section is eligible to	4739
participate in a provisional period if both of the following	4740
apply:	4741

(a) The physician assistant holds a degree other than a	4742
master's or higher degree that was obtained from a program	4743
accredited by the accreditation review commission on education for	4744
the physician assistant or a predecessor or successor organization	4745
recognized by the board.	4746

(b) The physician assistant has obtained not less than ten	4747
years of clinical experience as a physician assistant in this	4748
state or another jurisdiction, three years of which were obtained	4749
in the five-year period immediately preceding the date the	4750
evidence is submitted to the supervising physician.	4751

(C) For purposes of division (A)(2) of this section, all of	4752
the following conditions shall be met:	4753

(1) The pharmacology instruction shall be completed not	4754
longer than three years prior to applying for the certificate to	4755
prescribe.	4756

(2) The instruction shall be obtained through a course of	4757
study consisting of planned classroom or continued education and	4758
clinical study that meets either of the following conditions:	4759

(a) It is accredited by the accreditation review commission	4760
on education for the physician assistant or a predecessor or	4761
successor organization recognized by the board.	4762

(b) It is approved by the board in accordance with standards	4763
established in rules adopted under section 4730.39 of the Revised	4764
Code.	4765

(3) The content of the instruction shall include all of the	4766
following:	4767

(a) A minimum of thirty contact hours of training in	4768
pharmacology that includes pharmacokinetic principles and clinical	4769
application and the use of drugs and therapeutic devices in the	4770
prevention of illness and maintenance of health;	4771

(b) A minimum of twenty contact hours of clinical training in	4772
pharmacology;	4773

(c) A minimum of fifteen contact hours including training in	4774
the fiscal and ethical implications of prescribing drugs and	4775
therapeutic devices and training in the state and federal laws	4776
that apply to the authority to prescribe;	4777

(d) Any additional training required pursuant to rules	4778
adopted under section 4730.39 of the Revised Code.	4779

Sec. 4730.47.  (A) After a physician assistant successfully	4780
completes the provisional period of physician-delegated	4781
prescriptive authority required under section 4730.45 of the	4782
Revised Code, the physician assistant may apply for a new	4783
certificate to prescribe.	4784

(B) A supervising physician participating in the provisional	4785
period may continue to grant physician-delegated prescriptive	4786
authority to the physician assistant pursuant to the provisional	4787
certificate to prescribe until one of the following occurs:	4788

(1) The supervision agreement between the supervising	4789
physician and the physician assistant expires;	4790

(2) The supervision agreement is terminated;

4791

(3) A decision is made by the state medical board regarding	4792
an application submitted by the physician assistant for a new	4793
certificate to prescribe.	4794

Sec. 4730.48. (A) Except in the case of a provisional	4795
certificate to prescribe, a physician assistant's certificate to	4796
prescribe expires on the same date as the physician assistant's	4797
certificate to practice as a physician assistant, as provided in	4798
section 4730.14 of the Revised Code. The certificate to prescribe	4799
may be renewed in accordance with this section.	4800

A person seeking to renew a certificate to prescribe shall,	4801
on or before the thirty-first day of January of each even-numbered	4802
year, apply for renewal of the certificate. The state medical	4803
board shall send renewal notices at least one month prior to the	4804
expiration date. The notice may be sent as part of the notice sent	4805
for renewal of the certificate to practice.	4806

Applications for renewal shall be submitted to the board on	4807
forms the board shall prescribe and furnish. An application for	4808
renewal of a certificate to prescribe may be submitted in	4809
conjunction with an application for renewal of a certificate to	4810
practice.	4811

Each application for renewal of a certificate to prescribe	4812
shall be accompanied by a biennial renewal fee of fifty dollars.	4813
The board shall deposit the fees in accordance with section	4814
4731.24 of the Revised Code.	4815

The applicant shall report any criminal offense that	4816
constitutes grounds under section 4730.25 of the Revised Code for	4817
refusing to issue a certificate to prescribe to which the	4818
applicant has pleaded guilty, of which the applicant has been	4819
found guilty, or for which the applicant has been found eligible	4820
for intervention in lieu of conviction, since last signing an	4821
application for a certificate to prescribe.	4822

(B) The board shall review all renewal applications received.	4823
If an applicant submits a complete renewal application and meets	4824
the requirements for renewal specified in section 4730.49 of the	4825
Revised Code, the board shall issue to the applicant a renewed	4826
certificate to prescribe.	4827

Sec. 4730.49.  (A) To be eligible for renewal of a	4828
certificate to prescribe, an applicant shall complete every two	4829
years at least twelve hours of continuing education in	4830
pharmacology from an accredited institution recognized by the	4831
state medical board. Except as provided in division (B) of this	4832
section and in section 5903.12 of the Revised Code, the continuing	4833
education shall be completed not later than the thirty-first day	4834
of January of each even-numbered year.	4835

(B) The state medical board shall provide for pro rata	4836
reductions by month of the number of hours of continuing education	4837
in pharmacology that is required to be completed for physician	4838
assistants who are in their first certification period after	4839
completing the provisional period required under section 4730.45	4840
of the Revised Code, who have been disabled due to illness or	4841
accident, or who have been absent from the country. The board	4842
shall adopt rules, in accordance with Chapter 119. of the Revised	4843
Code, as necessary to implement this division.	4844

(C) The continuing education required by this section is in	4845
addition to the continuing education required under section	4846
4730.14 of the Revised Code.	4847

Sec. 4730.50.  If a physician assistant holds a certificate	4848
to prescribe and the physician assistant's certificate to practice	4849
expires, the physician assistant's certificate to prescribe is	4850
lapsed until the certificate to practice is reinstated. If a	4851
sanction under section 4730.25 of the Revised Code applies to a	4852
physician assistant's certificate to practice, the same sanction	4853
is placed on the physician assistant's certificate to prescribe	4854
while the sanction applies to the certificate to practice.	4855

Sec. 4730.51.  In the information the board maintains on the	4856
internet, the state medical board shall include the following:	4857

(A) The name of each the physician assistant who holds a	4858
certificate to prescribe under this chapter;	4859

(B) For each physician assistant who holds a certificate to	4860
prescribe, the name of each supervising physician who has	4861
authority to grant physician-delegated prescriptive authority to	4862
the physician assistant.	4863

Sec. 4730.52.  On application by the holder of a certificate	4864
to prescribe issued under this chapter, the state medical board	4865
shall issue a duplicate certificate to replace one that is missing	4866
or damaged, to reflect a name change, or for any other reasonable	4867
cause. The fee for a duplicate certificate is thirty-five dollars.	4868
All fees collected under this section shall be deposited in	4869
accordance with section 4731.24 of the Revised Code.	4870

Sec. 4731.141.  Any person who was authorized in practice	4871
limited osteopathic medicine and surgery on January 1, 1980, may	4872
continue to practice in accordance with the statutory limitations	4873
in effect on that date. The board shall regulate such	4874
practitioners and shall require them to register on or before the	4875
first day of June, 1983, and on or before the first day of June	4876
every second year thereafter, on a form prescribed by the board	4877
and pay at such time a biennial registration fee of twenty-five	4878
dollars. At least one month in advance of the date of	4879
registration, a written notice shall be sent to such	4880
practitioners, whether a resident of the state or not, at the last	4881
known address, that the biennial registration fee is due on or	4882
before the first day of June. All such practitioners shall provide	4883
the board written notice of any change of address. A holder of a	4884
certificate to practice under this section shall have histhe	4885
certificate automatically suspended if the registration fee is not	4886
paid by the first day of September of the same year, and continued	4887
practice after the suspension shall be considered as practicing	4888
without a license in violation of section 4731.43 of the Revised	4889
Code. An applicant for reinstatement of a certificate to practice	4890
suspended for failure to register shall submit histhe applicant's	4891
current and delinquent registration fees and a penalty in the sum	4892
of twenty-five dollars.	4893

Any certificate of registrationto practice issued pursuant	4894
to this section may be refused, limited, revoked, or suspended, an	4895
applicant may be denied certification or reinstatement, or the	4896
holder of a certificate may be reprimanded, or placed on probation	4897
as provided in section 4731.22 of the Revised Code.	4898

Sec. 5903.12.  (A) As used in this section:

4899

(1) "Continuing education" means continuing education	4900
required of a licensee by law and includes, but is not limited to,	4901
the continuing education required of licensees under sections	4902
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	4903
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	4904
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	4905
4761.06, and 4763.07 of the Revised Code.	4906

(2) "License" means a license, certificate, permit, or other	4907
authorization issued or conferred by a licensing agency under	4908
which a licensee may engage in a profession, occupation, or	4909
occupational activity.	4910

(3) "Licensee" means a person to whom all of the following	4911
apply:	4912

(a) The person has been issued a license by a licensing	4913
agency.	4914

(b) The person is a member of the Ohio national guard, the	4915
Ohio military reserve, the Ohio naval militia, or a reserve	4916
component of the armed forces of the United States.	4917

(c) The person has been called to active duty, whether inside	4918
or outside the United States, because of an executive order issued	4919
by the president of the United States or an act of congress, for a	4920
period in excess of thirty-one days.	4921

(4) "Licensing agency" means any state department, division,	4922
board, commission, agency, or other state governmental unit	4923
authorized by the Revised Code to issue a license.	4924

(5) "Reporting period" means the period of time during which	4925
a licensee must complete the number of hours of continuing	4926
education required of the licensee by law.	4927

(B) Each licensing agency, upon receiving an application from	4928
one of its licensees that is accompanied by proper documentation	4929
certifying that the licensee has been called to active duty as	4930
described in division (A)(3)(c) of this section during the current	4931
or a prior reporting period and certifying the length of that	4932
active duty, shall extend the current reporting period by an	4933
amount of time equal to the total number of months that the	4934
licensee spent on active duty during the current reporting period.	4935
For purposes of this division, any portion of a month served on	4936
active duty shall be considered one full month.	4937

Section 2. That existing sections 1.64, 1751.01, 2305.113,	4938
2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36,	4939
3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01,	4940
4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07,	4941
4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21,	4942
4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32,	4943
4730.33, 4730.34, 4731.141, and 5903.12 and sections 4730.15 and	4944
4730.17 of the Revised Code are hereby repealed.	4945

Section 3. In addition to adopting rules under section	4946
4730.39 of the Revised Code governing physician-delegated	4947
prescriptive authority for physician assistants, the State Medical	4948
Board shall, not later than six months after the effective date of	4949
this section, adopt, amend, and rescind any other rules necessary	4950
to implement the remaining provisions of this act. The rules	4951
adopted under Chapter 4730. of the Revised Code that are in effect	4952
immediately prior to the effective date of this act shall continue	4953
in effect until rules are adopted, amended, or rescinded in	4954
accordance with the provisions of this act.	4955

Section 4. (A) Notwithstanding the provisions of section	4956
4730.05 of the Revised Code specifying that the terms of office of	4957
members of the Physician Assistant Policy Committee of the State	4958
Medical Board are two years, the Board shall appoint the initial	4959
pharmacist members of the Committee for terms ending on the same	4960
date as the terms of the members of the Committee in office	4961
immediately prior to the effective date of this act.	4962

(B) Notwithstanding the provisions of section 4730.05 of the	4963
Revised Code specifying that the terms of office of members of the	4964
Committee are two years, on the expiration date of the terms of	4965
the members of the Committee in office immediately prior to the	4966
effective date of this act and of the members of the Committee	4967
appointed pursuant to division (A) of this section, the Board	4968
shall do the following:	4969

(1) Appoint two physicians for terms ending two years after	4970
the date of appointment and one physician for a term ending one	4971
year after the date of appointment;	4972

(2) Appoint two physician assistants for terms ending two	4973
years after the date of appointment and one physician assistant	4974
for a term ending one year after the date of appointment;	4975

(3) Appoint one pharmacist for a term ending two years after	4976
the date of appointment and one pharmacist for a term ending one	4977
year after the date of appointment;	4978

(4) Appoint the member who is not affiliated with any health	4979
care profession for a term ending one year after the date of	4980
appointment.	4981

(C) After the terms specified in this section, terms of	4982
office shall be two years and appointments shall be made in	4983
accordance with section 4730.05 of the Revised Code.	4984

Section 5. This act does not require the State Medical Board	4985
to invalidate the supervision agreements between physicians and	4986
physician assistants that are in effect immediately prior to the	4987
effective date of this act.	4988

Section 6.  Section 3719.81 of the Revised Code is presented	4989
in this act as a composite of the section as amended by both Am.	4990
Sub. H.B. 454 and Am. Sub. S.B. 80 of the 125th General Assembly.	4991
The General Assembly, applying the principle stated in division	4992
(B) of section 1.52 of the Revised Code that amendments are to be	4993
harmonized if reasonably capable of simultaneous operation, finds	4994
that the composite is the resulting version of the section in	4995
effect prior to the effective date of the section as presented in	4996
this act.	4997