S. B. No. 53 As Introduced

Senators Carey, Zurz, Harris, Jacobson, Padgett, Clancy, Grendell, Fedor, Miller

A BILL

To amend section 3734.28 and to enact sections 1
2927.30 and 3719.47 of the Revised Code to govern 2
pseudoephedrine sales in Ohio and to allow 3
Hazardous Waste Clean-up Fund moneys to be used to 4
address contamination caused by the operation of 5
illegal methamphetamine manufacturing 6
laboratories. 7

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

       Section 1. That section 3734.28 be amended and sections 8
2927.30 and 3719.47 of the Revised Code be enacted to read as 9
follows: 10

       Sec. 2927.30. (A) As used in this section: 11

        (1) "Consumer product" means any food or drink that is 12
consumed or used by humans and any drug, including a drug that may 13
be provided legally only pursuant to a prescription, that is 14
intended to be consumed or used by humans. 15

        (2) "Drug," "licensed health professional authorized to 16
prescribe drugs," "prescription," and "terminal distributor of 17
dangerous drugs" have the same meanings as in section 4729.01 of 18
the Revised Code. 19

        (3) "Pharmacist" means a person licensed under Chapter 4729. 20
of the Revised Code to engage in the practice of pharmacy. 21

        (4) "Pseudoephedrine" means any material, compound, mixture, 22
or preparation that contains any quantity of pseudoephedrine, any 23
of its salts, optical isomers, or salts of optical isomers. 24

        (5) "Pseudoephedrine product" means a consumer product 25
consisting of a single-ingredient preparation of pseudoephedrine 26
in which pseudoephedrine is the active ingredient. 27

        (6) "Retailer" means a place of business that offers consumer 28
products for sale to the general public. 29

        (7) "Single-ingredient preparation" means a compound, 30
mixture, preparation, or substance that contains a single active 31
ingredient. 32

        (B) No individual shall purchase, receive, or otherwise 33
acquire more than six grams of any pseudoephedrine product within 34
a period of thirty days, unless dispensed by a pharmacist pursuant 35
to a valid prescription issued by a licensed health care 36
professional authorized to prescribe drugs. 37

        (C)(1) Except as provided in division (C)(2) of this section, 38
no retailer or terminal distributor of dangerous drugs shall 39
knowingly sell, offer to sell, hold for sale, deliver, or 40
otherwise provide to any individual within a thirty day period an 41
amount of pseudoephedrine product that is greater than the lesser 42
of two packages or six grams. 43

       (2) Division (C)(1) of this section does not apply to any 44
quantity of pseudoephedrine product dispensed by a pharmacist 45
pursuant to a valid prescription issued by a licensed health 46
professional authorized to prescribe drugs. 47

        (D)(1) Except as provided in division (D)(2) of this section, 48
no retailer or terminal distributor of dangerous drugs shall sell, 49
offer to sell, hold for sale, deliver, or otherwise provide a 50
pseudoephedrine product to an individual who is under eighteen 51
years of age. 52

        (2) This division does not apply to any of the following: 53

       (a) A licensed health professional authorized to prescribe 54
drugs or a pharmacist who dispenses, sells, or otherwise provides 55
a pseudoephedrine product to an individual under eighteen years of 56
age; 57

       (b) A parent or guardian of an individual under eighteen 58
years of age who provides a pseudoephedrine product to the 59
individual; 60

       (c) A person who, as authorized by the individual's parent or 61
guardian, dispenses, sells, or otherwise provides a 62
pseudoephedrine product to an individual under eighteen years of 63
age. 64

        (E) No employee of a retailer or terminal distributor of 65
dangerous drugs who is under eighteen years of age shall sell, 66
offer to sell, hold for sale, deliver, or otherwise provide any 67
pseudoephedrine product to any individual. 68

       Sec. 3719.47. (A) As used in this section: 69

        (1) "Consumer product" means any food or drink that is 70
consumed or used by humans and any drug, including a drug that may 71
be provided legally only pursuant to a prescription, that is 72
intended to be consumed or used by humans. 73

       (2) "Drug," "licensed health professional authorized to 74
prescribe drugs," "prescription," and "terminal distributor of 75
dangerous drugs" have the same meanings as in section 4729.01 of 76
the Revised Code. 77

        (3) "Pharmacist" means a person licensed under Chapter 4729. 78
of the Revised Code to engage in the practice of pharmacy. 79

        (4) "Proof of age" means a driver's license, a commercial 80
driver's license, a military identification card, a passport, or 81
an identification card issued under sections 4507.50 to 4507.52 of 82
the Revised Code that shows a person is eighteen years of age or 83
older. 84

        (5) "Pseudoephedrine" means any material, compound, mixture, 85
or preparation that contains any quantity of pseudoephedrine, any 86
of its salts, optical isomers, or salts of optical isomers. 87

        (6) "Pseudoephedrine product" means a consumer product 88
consisting of a single-ingredient preparation of pseudoephedrine 89
in which pseudoephedrine is the active ingredient. 90

        (7) "Retailer" means a place of business that offers consumer 91
products for sale to the general public. 92

        (8) "Single-ingredient preparation" means a compound, 93
mixture, preparation, or substance that contains a single active 94
ingredient. 95

        (B) A retailer or terminal distributor of dangerous drugs 96
that sells, offers to sell, holds for sale, delivers, or otherwise 97
provides a pseudoephedrine product to the public shall do all of 98
the following: 99

        (1) Segregate pseudoephedrine products from other merchandise 100
so that no member of the public may procure or purchase such 101
products without the direct assistance of a pharmacist or other 102
authorized employee of the retailer or terminal distributor; 103

        (2) With regard to each time a pseudoephedrine product is 104
sold or otherwise provided: 105

        (a) Determine, by examination of a valid proof of age, that 106
the purchaser or recipient is at least eighteen years of age; 107

        (b) Make a reasonable attempt to ensure that no individual 108
purchases or receives more than the lesser of two product units or 109
six grams of pseudoephedrine products within a thirty-day period. 110

        (C)(1) Except as provided in division (C)(2) of this section, 111
no retailer or terminal distributor of dangerous drugs shall 112
knowingly sell, offer to sell, hold for sale, deliver, or 113
otherwise provide to any individual an amount of pseudoephedrine 114
product that is greater than the lesser of two packages or six 115
grams within a thirty day period. 116

        (2) This division does not apply to any quantity of 117
pseudoephedrine product dispensed by a pharmacist pursuant to a 118
valid prescription issued by a licensed health professional 119
authorized to prescribe drugs. 120

        (D)(1) Except as provided in division (D)(2) of this section, 121
no retailer or terminal distributor of dangerous drugs shall sell, 122
offer to sell, hold for sale, deliver, or otherwise provide any 123
pseudoephedrine product to an individual who is under eighteen 124
years of age. 125

        (2) This division does not apply to any of the following: 126

       (a) A licensed health professional authorized to prescribe 127
drugs or a pharmacist who dispenses, sells, or otherwise provides 128
a pseudoephedrine product to an individual under eighteen years of 129
age; 130

       (b) A parent or guardian of an individual under eighteen 131
years of age who provides a pseudoephedrine product to the 132
individual; 133

       (c) A person who, as authorized by the individual's parent or 134
guardian, dispenses, sells, or otherwise provides a 135
pseudoephedrine product to an individual under eighteen years of 136
age. 137

        (E) No employee of a retailer or terminal distributor of 138
dangerous drugs who is under eighteen years of age shall sell, 139
offer to sell, hold for sale, deliver, or otherwise provide any 140
pseudoephedrine product to any individual. 141

        (F) Prescriptions, orders, and records maintained pursuant to 142
this section and stocks of pseudoephedrine products shall be open 143
for inspection to federal, state, county, and municipal officers, 144
and employees of the state board of pharmacy whose duty it is to 145
enforce the laws of this state or of the United States relating to 146
controlled substances. Such prescriptions, orders, records, and 147
stocks shall be open for inspection by the state medical board and 148
its employees for purposes of enforcing Chapter 4731. of the 149
Revised Code. No person having knowledge of any such prescription, 150
order, or record shall divulge that knowledge, except in 151
connection with a prosecution or proceeding in court or before a 152
licensing board or officer, to which prosecution or proceeding the 153
person to whom the prescriptions, orders, or records relate is a 154
party. 155

        (G) The state board of pharmacy may, by rule adopted in 156
accordance with Chapter 119. of the Revised Code, exempt from this 157
section pseudoephedrine products that the board finds are not used 158
in the illegal manufacture of methamphetamine. The board may 159
exempt a pseudoephedrine product from this section if the product 160
is determined by the board to have been formulated in such a way 161
as to effectively prevent the conversion of the active ingredient 162
into methamphetamine. 163

       Sec. 3734.28. All moneys collected under sections 3734.122, 164
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised 165
Code and natural resource damages collected by the state under the 166
"Comprehensive Environmental Response, Compensation, and Liability 167
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall 168
be paid into the state treasury to the credit of the hazardous 169
waste clean-up fund, which is hereby created. The environmental 170
protection agency shall use the moneys in the fund for the 171
purposes set forth in division (D) of section 3734.122, sections 172
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, 173
and, through October 15, 2005, divisions (A)(1) and (2) of section 174
3745.12 and Chapter 3746. of the Revised Code, including any 175
related enforcement expenses. In 176

       In addition, the agency shall use the moneys in the fund to 177
pay the state's long-term operation and maintenance costs or 178
matching share for actions taken under the "Comprehensive 179
Environmental Response, Compensation, and Liability Act of 1980," 180
as amended. If those moneys are reimbursed by grants or other 181
moneys from the United States or any other person, the moneys 182
shall be placed in the fund and not in the general revenue fund. 183

       The agency may also use the moneys in the fund to 184
investigate, mitigate, minimize, remove, or abate any 185
contamination caused by the operation of an illegal 186
methamphetamine manufacturing laboratory, as defined in division 187
(B) of section 3745.13 of the Revised Code. 188

       Section 2. That existing section 3734.28 of the Revised Code 189
is hereby repealed. 190

Section 1. That section 3734.28 be amended and sections	8
2927.30 and 3719.47 of the Revised Code be enacted to read as	9
follows:	10

(1) "Consumer product" means any food or drink that is	12
consumed or used by humans and any drug, including a drug that may	13
be provided legally only pursuant to a prescription, that is	14
intended to be consumed or used by humans.	15

(2) "Drug," "licensed health professional authorized to	16
prescribe drugs," "prescription," and "terminal distributor of	17
dangerous drugs" have the same meanings as in section 4729.01 of	18
the Revised Code.	19

(3) "Pharmacist" means a person licensed under Chapter 4729.	20
of the Revised Code to engage in the practice of pharmacy.	21

(4) "Pseudoephedrine" means any material, compound, mixture,	22
or preparation that contains any quantity of pseudoephedrine, any	23
of its salts, optical isomers, or salts of optical isomers.	24

(5) "Pseudoephedrine product" means a consumer product	25
consisting of a single-ingredient preparation of pseudoephedrine	26
in which pseudoephedrine is the active ingredient.	27

(6) "Retailer" means a place of business that offers consumer	28
products for sale to the general public.	29

(7) "Single-ingredient preparation" means a compound,	30
mixture, preparation, or substance that contains a single active	31
ingredient.	32

(B) No individual shall purchase, receive, or otherwise	33
acquire more than six grams of any pseudoephedrine product within	34
a period of thirty days, unless dispensed by a pharmacist pursuant	35
to a valid prescription issued by a licensed health care	36
professional authorized to prescribe drugs.	37

(C)(1) Except as provided in division (C)(2) of this section,	38
no retailer or terminal distributor of dangerous drugs shall	39
knowingly sell, offer to sell, hold for sale, deliver, or	40
otherwise provide to any individual within a thirty day period an	41
amount of pseudoephedrine product that is greater than the lesser	42
of two packages or six grams.	43

(2) Division (C)(1) of this section does not apply to any	44
quantity of pseudoephedrine product dispensed by a pharmacist	45
pursuant to a valid prescription issued by a licensed health	46
professional authorized to prescribe drugs.	47

(D)(1) Except as provided in division (D)(2) of this section,	48
no retailer or terminal distributor of dangerous drugs shall sell,	49
offer to sell, hold for sale, deliver, or otherwise provide a	50
pseudoephedrine product to an individual who is under eighteen	51
years of age.	52

(a) A licensed health professional authorized to prescribe	54
drugs or a pharmacist who dispenses, sells, or otherwise provides	55
a pseudoephedrine product to an individual under eighteen years of	56
age;	57

(b) A parent or guardian of an individual under eighteen	58
years of age who provides a pseudoephedrine product to the	59
individual;	60

(c) A person who, as authorized by the individual's parent or	61
guardian, dispenses, sells, or otherwise provides a	62
pseudoephedrine product to an individual under eighteen years of	63
age.	64

(E) No employee of a retailer or terminal distributor of	65
dangerous drugs who is under eighteen years of age shall sell,	66
offer to sell, hold for sale, deliver, or otherwise provide any	67
pseudoephedrine product to any individual.	68

(4) "Proof of age" means a driver's license, a commercial	80
driver's license, a military identification card, a passport, or	81
an identification card issued under sections 4507.50 to 4507.52 of	82
the Revised Code that shows a person is eighteen years of age or	83
older.	84

(5) "Pseudoephedrine" means any material, compound, mixture,	85
or preparation that contains any quantity of pseudoephedrine, any	86
of its salts, optical isomers, or salts of optical isomers.	87

(6) "Pseudoephedrine product" means a consumer product	88
consisting of a single-ingredient preparation of pseudoephedrine	89
in which pseudoephedrine is the active ingredient.	90

(7) "Retailer" means a place of business that offers consumer	91
products for sale to the general public.	92

(8) "Single-ingredient preparation" means a compound,	93
mixture, preparation, or substance that contains a single active	94
ingredient.	95

(B) A retailer or terminal distributor of dangerous drugs	96
that sells, offers to sell, holds for sale, delivers, or otherwise	97
provides a pseudoephedrine product to the public shall do all of	98
the following:	99

(1) Segregate pseudoephedrine products from other merchandise	100
so that no member of the public may procure or purchase such	101
products without the direct assistance of a pharmacist or other	102
authorized employee of the retailer or terminal distributor;	103

(2) With regard to each time a pseudoephedrine product is	104
sold or otherwise provided:	105

(a) Determine, by examination of a valid proof of age, that	106
the purchaser or recipient is at least eighteen years of age;	107

(b) Make a reasonable attempt to ensure that no individual	108
purchases or receives more than the lesser of two product units or	109
six grams of pseudoephedrine products within a thirty-day period.	110

(2) This division does not apply to any quantity of	117
pseudoephedrine product dispensed by a pharmacist pursuant to a	118
valid prescription issued by a licensed health professional	119
authorized to prescribe drugs.	120

(F) Prescriptions, orders, and records maintained pursuant to	142
this section and stocks of pseudoephedrine products shall be open	143
for inspection to federal, state, county, and municipal officers,	144
and employees of the state board of pharmacy whose duty it is to	145
enforce the laws of this state or of the United States relating to	146
controlled substances. Such prescriptions, orders, records, and	147
stocks shall be open for inspection by the state medical board and	148
its employees for purposes of enforcing Chapter 4731. of the	149
Revised Code. No person having knowledge of any such prescription,	150
order, or record shall divulge that knowledge, except in	151
connection with a prosecution or proceeding in court or before a	152
licensing board or officer, to which prosecution or proceeding the	153
person to whom the prescriptions, orders, or records relate is a	154
party.	155

(G) The state board of pharmacy may, by rule adopted in	156
accordance with Chapter 119. of the Revised Code, exempt from this	157
section pseudoephedrine products that the board finds are not used	158
in the illegal manufacture of methamphetamine. The board may	159
exempt a pseudoephedrine product from this section if the product	160
is determined by the board to have been formulated in such a way	161
as to effectively prevent the conversion of the active ingredient	162
into methamphetamine.	163

Sec. 3734.28. All moneys collected under sections 3734.122,	164
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	165
Code and natural resource damages collected by the state under the	166
"Comprehensive Environmental Response, Compensation, and Liability	167
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	168
be paid into the state treasury to the credit of the hazardous	169
waste clean-up fund, which is hereby created. The environmental	170
protection agency shall use the moneys in the fund for the	171
purposes set forth in division (D) of section 3734.122, sections	172
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	173
and, through October 15, 2005, divisions (A)(1) and (2) of section	174
3745.12 and Chapter 3746. of the Revised Code, including any	175
related enforcement expenses. In	176