As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 203

Senator Grendell 

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A BILL

To amend sections 2305.234, 2925.01, 2925.09,

1

3715.01, 3715.64, 3719.01, 3719.12, 3719.121,

2

4303.34, 4729.01, 4729.06, 4729.15, 4729.16,

3

4729.18, 4729.26, 4729.28, 4729.38, 4729.55,

4

4729.67, and 4729.99 and to enact sections

5

4729.271 and 4729.42 to 4729.50 of the Revised

6

Code to require the State Board of Pharmacy to

7

certify and regulate individuals who work as

8

pharmacy technicians.

9

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

Section 1. That sections 2305.234, 2925.01, 2925.09, 3715.01,	10
3715.64, 3719.01, 3719.12, 3719.121, 4303.34, 4729.01, 4729.06,	11
4729.15, 4729.16, 4729.18, 4729.26, 4729.28, 4729.38, 4729.55,	12
4729.67, and 4729.99 be amended and sections 4729.271, 4729.42,	13
4729.43, 4729.44, 4729.45, 4729.46, 4729.47, 4729.48, 4729.49, and	14
4729.50 of the Revised Code be enacted to read as follows:	15

Sec. 2305.234.  (A) As used in this section:

16

(1) "Chiropractic claim," "medical claim," and "optometric	17
claim" have the same meanings as in section 2305.113 of the	18
Revised Code.	19

(2) "Dental claim" has the same meaning as in section	20
2305.113 of the Revised Code, except that it does not include any	21
claim arising out of a dental operation or any derivative claim	22
for relief that arises out of a dental operation.	23

(3) "Governmental health care program" has the same meaning	24
as in section 4731.65 of the Revised Code.	25

(4) "Health care facility or location" means a hospital,	26
clinic, ambulatory surgical facility, office of a health care	27
professional or associated group of health care professionals,	28
training institution for health care professionals, or any other	29
place where medical, dental, or other health-related diagnosis,	30
care, or treatment is provided to a person.	31

(5) "Health care professional" means any of the following who	32
provide medical, dental, or other health-related diagnosis, care,	33
or treatment:	34

(a) Physicians authorized under Chapter 4731. of the Revised	35
Code to practice medicine and surgery or osteopathic medicine and	36
surgery;	37

(b) Registered nurses and licensed practical nurses licensed	38
under Chapter 4723. of the Revised Code and individuals who hold a	39
certificate of authority issued under that chapter that authorizes	40
the practice of nursing as a certified registered nurse	41
anesthetist, clinical nurse specialist, certified nurse-midwife,	42
or certified nurse practitioner;	43

(c) Physician assistants authorized to practice under Chapter	44
4730. of the Revised Code;	45

(d) Dentists and dental hygienists licensed under Chapter	46
4715. of the Revised Code;	47

(e) Physical therapists, physical therapist assistants,	48
occupational therapists, and occupational therapy assistants	49
licensed under Chapter 4755. of the Revised Code;	50

(f) Chiropractors licensed under Chapter 4734. of the Revised	51
Code;	52

(g) Optometrists licensed under Chapter 4725. of the Revised	53
Code;	54

(h) Podiatrists authorized under Chapter 4731. of the Revised	55
Code to practice podiatry;	56

(i) Dietitians licensed under Chapter 4759. of the Revised	57
Code;	58

(j) Pharmacists licensed under Chapter 4729. of the Revised	59
Code;	60

(k) Emergency medical technicians-basic, emergency medical	61
technicians-intermediate, and emergency medical	62
technicians-paramedic, certified under Chapter 4765. of the	63
Revised Code;	64

(l) Respiratory care professionals licensed under Chapter	65
4761. of the Revised Code;	66

(m) Speech-language pathologists and audiologists licensed	67
under Chapter 4753. of the Revised Code.	68

(6) "Health care worker" means a person other than a health	69
care professional who provides medical, dental, or other	70
health-related care or treatment under the direction of a health	71
care professional with the authority to direct that individual's	72
activities, including medical technicians, medical assistants,	73
dental assistants, pharmacy technicians, orderlies, aides, and	74
individuals acting in similar capacities.	75

(7) "Indigent and uninsured person" means a person who meets	76
all of the following requirements:	77

(a) The person's income is not greater than two hundred per	78
cent of the current poverty line as defined by the United States	79
office of management and budget and revised in accordance with	80
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	81
95 Stat. 511, 42 U.S.C. 9902, as amended.	82

(b) The person is not eligible to receive medical assistance	83
under Chapter 5111., disability medical assistance under Chapter	84
5115. of the Revised Code, or assistance under any other	85
governmental health care program.	86

(c) Either of the following applies:

87

(i) The person is not a policyholder, certificate holder,	88
insured, contract holder, subscriber, enrollee, member,	89
beneficiary, or other covered individual under a health insurance	90
or health care policy, contract, or plan.	91

(ii) The person is a policyholder, certificate holder,	92
insured, contract holder, subscriber, enrollee, member,	93
beneficiary, or other covered individual under a health insurance	94
or health care policy, contract, or plan, but the insurer, policy,	95
contract, or plan denies coverage or is the subject of insolvency	96
or bankruptcy proceedings in any jurisdiction.	97

(8) "Nonprofit health care referral organization" means an	98
entity that is not operated for profit and refers patients to, or	99
arranges for the provision of, health-related diagnosis, care, or	100
treatment by a health care professional or health care worker.	101

(9) "Operation" means any procedure that involves cutting or	102
otherwise infiltrating human tissue by mechanical means, including	103
surgery, laser surgery, ionizing radiation, therapeutic	104
ultrasound, or the removal of intraocular foreign bodies.	105
"Operation" does not include the administration of medication by	106
injection, unless the injection is administered in conjunction	107
with a procedure infiltrating human tissue by mechanical means	108
other than the administration of medicine by injection.	109
"Operation" does not include routine dental restorative	110
procedures, the scaling of teeth, or extractions of teeth that are	111
not impacted.	112

(10) "Tort action" means a civil action for damages for	113
injury, death, or loss to person or property other than a civil	114
action for damages for a breach of contract or another agreement	115
between persons or government entities.	116

(11) "Volunteer" means an individual who provides any	117
medical, dental, or other health-care related diagnosis, care, or	118
treatment without the expectation of receiving and without receipt	119
of any compensation or other form of remuneration from an indigent	120
and uninsured person, another person on behalf of an indigent and	121
uninsured person, any health care facility or location, any	122
nonprofit health care referral organization, or any other person	123
or government entity.	124

(12) "Community control sanction" has the same meaning as in	125
section 2929.01 of the Revised Code.	126

(13) "Deep sedation" means a drug-induced depression of	127
consciousness during which a patient cannot be easily aroused but	128
responds purposefully following repeated or painful stimulation, a	129
patient's ability to independently maintain ventilatory function	130
may be impaired, a patient may require assistance in maintaining a	131
patent airway and spontaneous ventilation may be inadequate, and	132
cardiovascular function is usually maintained.	133

(14) "General anesthesia" means a drug-induced loss of	134
consciousness during which a patient is not arousable, even by	135
painful stimulation, the ability to independently maintain	136
ventilatory function is often impaired, a patient often requires	137
assistance in maintaining a patent airway, positive pressure	138
ventilation may be required because of depressed spontaneous	139
ventilation or drug-induced depression of neuromuscular function,	140
and cardiovascular function may be impaired.	141

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	142
health care professional who is a volunteer and complies with	143
division (B)(2) of this section is not liable in damages to any	144
person or government entity in a tort or other civil action,	145
including an action on a medical, dental, chiropractic,	146
optometric, or other health-related claim, for injury, death, or	147
loss to person or property that allegedly arises from an action or	148
omission of the volunteer in the provision to an indigent and	149
uninsured person of medical, dental, or other health-related	150
diagnosis, care, or treatment, including the provision of samples	151
of medicine and other medical products, unless the action or	152
omission constitutes willful or wanton misconduct.	153

(2) To qualify for the immunity described in division (B)(1)	154
of this section, a health care professional shall do all of the	155
following prior to providing diagnosis, care, or treatment:	156

(a) Determine, in good faith, that the indigent and uninsured	157
person is mentally capable of giving informed consent to the	158
provision of the diagnosis, care, or treatment and is not subject	159
to duress or under undue influence;	160

(b) Inform the person of the provisions of this section,	161
including notifying the person that, by giving informed consent to	162
the provision of the diagnosis, care, or treatment, the person	163
cannot hold the health care professional liable for damages in a	164
tort or other civil action, including an action on a medical,	165
dental, chiropractic, optometric, or other health-related claim,	166
unless the action or omission of the health care professional	167
constitutes willful or wanton misconduct;	168

(c) Obtain the informed consent of the person and a written	169
waiver, signed by the person or by another individual on behalf of	170
and in the presence of the person, that states that the person is	171
mentally competent to give informed consent and, without being	172
subject to duress or under undue influence, gives informed consent	173
to the provision of the diagnosis, care, or treatment subject to	174
the provisions of this section. A written waiver under division	175
(B)(2)(c) of this section shall state clearly and in conspicuous	176
type that the person or other individual who signs the waiver is	177
signing it with full knowledge that, by giving informed consent to	178
the provision of the diagnosis, care, or treatment, the person	179
cannot bring a tort or other civil action, including an action on	180
a medical, dental, chiropractic, optometric, or other	181
health-related claim, against the health care professional unless	182
the action or omission of the health care professional constitutes	183
willful or wanton misconduct.	184

(3) A physician or podiatrist who is not covered by medical	185
malpractice insurance, but complies with division (B)(2) of this	186
section, is not required to comply with division (A) of section	187
4731.143 of the Revised Code.	188

(C) Subject to divisions (F) and (G)(3) of this section,	189
health care workers who are volunteers are not liable in damages	190
to any person or government entity in a tort or other civil	191
action, including an action upon a medical, dental, chiropractic,	192
optometric, or other health-related claim, for injury, death, or	193
loss to person or property that allegedly arises from an action or	194
omission of the health care worker in the provision to an indigent	195
and uninsured person of medical, dental, or other health-related	196
diagnosis, care, or treatment, unless the action or omission	197
constitutes willful or wanton misconduct.	198

(D) Subject to divisions (F) and (G)(3) of this section, a	199
nonprofit health care referral organization is not liable in	200
damages to any person or government entity in a tort or other	201
civil action, including an action on a medical, dental,	202
chiropractic, optometric, or other health-related claim, for	203
injury, death, or loss to person or property that allegedly arises	204
from an action or omission of the nonprofit health care referral	205
organization in referring indigent and uninsured persons to, or	206
arranging for the provision of, medical, dental, or other	207
health-related diagnosis, care, or treatment by a health care	208
professional described in division (B)(1) of this section or a	209
health care worker described in division (C) of this section,	210
unless the action or omission constitutes willful or wanton	211
misconduct.	212

(E) Subject to divisions (F) and (G)(3) of this section and	213
to the extent that the registration requirements of section	214
3701.071 of the Revised Code apply, a health care facility or	215
location associated with a health care professional described in	216
division (B)(1) of this section, a health care worker described in	217
division (C) of this section, or a nonprofit health care referral	218
organization described in division (D) of this section is not	219
liable in damages to any person or government entity in a tort or	220
other civil action, including an action on a medical, dental,	221
chiropractic, optometric, or other health-related claim, for	222
injury, death, or loss to person or property that allegedly arises	223
from an action or omission of the health care professional or	224
worker or nonprofit health care referral organization relative to	225
the medical, dental, or other health-related diagnosis, care, or	226
treatment provided to an indigent and uninsured person on behalf	227
of or at the health care facility or location, unless the action	228
or omission constitutes willful or wanton misconduct.	229

(F)(1) Except as provided in division (F)(2) of this section,	230
the immunities provided by divisions (B), (C), (D), and (E) of	231
this section are not available to a health care professional,	232
health care worker, nonprofit health care referral organization,	233
or health care facility or location if, at the time of an alleged	234
injury, death, or loss to person or property, the health care	235
professionals or health care workers involved are providing one of	236
the following:	237

(a) Any medical, dental, or other health-related diagnosis,	238
care, or treatment pursuant to a community service work order	239
entered by a court under division (B) of section 2951.02 of the	240
Revised Code or imposed by a court as a community control	241
sanction;	242

(b) Performance of an operation to which any one of the	243
following applies:	244

(i) The operation requires the administration of deep	245
sedation or general anesthesia.	246

(ii) The operation is a procedure that is not typically	247
performed in an office.	248

(iii) The individual involved is a health care professional,	249
and the operation is beyond the scope of practice or the	250
education, training, and competence, as applicable, of the health	251
care professional.	252

(c) Delivery of a baby or any other purposeful termination of	253
a human pregnancy.	254

(2) Division (F)(1) of this section does not apply when a	255
health care professional or health care worker provides medical,	256
dental, or other health-related diagnosis, care, or treatment that	257
is necessary to preserve the life of a person in a medical	258
emergency.	259

(G)(1) This section does not create a new cause of action or	260
substantive legal right against a health care professional, health	261
care worker, nonprofit health care referral organization, or	262
health care facility or location.	263

(2) This section does not affect any immunities from civil	264
liability or defenses established by another section of the	265
Revised Code or available at common law to which a health care	266
professional, health care worker, nonprofit health care referral	267
organization, or health care facility or location may be entitled	268
in connection with the provision of emergency or other medical,	269
dental, or other health-related diagnosis, care, or treatment.	270

(3) This section does not grant an immunity from tort or	271
other civil liability to a health care professional, health care	272
worker, nonprofit health care referral organization, or health	273
care facility or location for actions that are outside the scope	274
of authority of health care professionals or health care workers.	275

(4) This section does not affect any legal responsibility of	276
a health care professional, health care worker, or nonprofit	277
health care referral organization to comply with any applicable	278
law of this state or rule of an agency of this state.	279

(5) This section does not affect any legal responsibility of	280
a health care facility or location to comply with any applicable	281
law of this state, rule of an agency of this state, or local code,	282
ordinance, or regulation that pertains to or regulates building,	283
housing, air pollution, water pollution, sanitation, health, fire,	284
zoning, or safety.	285

Sec. 2925.01.  As used in this chapter:

286

(A) "Administer," "controlled substance," "dispense,"	287
"distribute," "hypodermic," "manufacturer," "official written	288
order," "person," "pharmacist," "pharmacy intern," "pharmacy	289
technician," "pharmacy," "sale," "schedule I," "schedule II,"	290
"schedule III," "schedule IV," "schedule V," and "wholesaler" have	291
the same meanings as in section 3719.01 of the Revised Code.	292

(B) "Drug dependent person" and "drug of abuse" have the same	293
meanings as in section 3719.011 of the Revised Code.	294

(C) "Drug," "dangerous drug," "licensed health professional	295
authorized to prescribe drugs," and "prescription" have the same	296
meanings as in section 4729.01 of the Revised Code.	297

(D) "Bulk amount" of a controlled substance means any of the	298
following:	299

(1) For any compound, mixture, preparation, or substance	300
included in schedule I, schedule II, or schedule III, with the	301
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	302
except as provided in division (D)(2) or (5) of this section,	303
whichever of the following is applicable:	304

(a) An amount equal to or exceeding ten grams or twenty-five	305
unit doses of a compound, mixture, preparation, or substance that	306
is or contains any amount of a schedule I opiate or opium	307
derivative;	308

(b) An amount equal to or exceeding ten grams of a compound,	309
mixture, preparation, or substance that is or contains any amount	310
of raw or gum opium;	311

(c) An amount equal to or exceeding thirty grams or ten unit	312
doses of a compound, mixture, preparation, or substance that is or	313
contains any amount of a schedule I hallucinogen other than	314
tetrahydrocannabinol or lysergic acid amide, or a schedule I	315
stimulant or depressant;	316

(d) An amount equal to or exceeding twenty grams or five	317
times the maximum daily dose in the usual dose range specified in	318
a standard pharmaceutical reference manual of a compound, mixture,	319
preparation, or substance that is or contains any amount of a	320
schedule II opiate or opium derivative;	321

(e) An amount equal to or exceeding five grams or ten unit	322
doses of a compound, mixture, preparation, or substance that is or	323
contains any amount of phencyclidine;	324

(f) An amount equal to or exceeding one hundred twenty grams	325
or thirty times the maximum daily dose in the usual dose range	326
specified in a standard pharmaceutical reference manual of a	327
compound, mixture, preparation, or substance that is or contains	328
any amount of a schedule II stimulant that is in a final dosage	329
form manufactured by a person authorized by the "Federal Food,	330
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	331
amended, and the federal drug abuse control laws, as defined in	332
section 3719.01 of the Revised Code, that is or contains any	333
amount of a schedule II depressant substance or a schedule II	334
hallucinogenic substance;	335

(g) An amount equal to or exceeding three grams of a	336
compound, mixture, preparation, or substance that is or contains	337
any amount of a schedule II stimulant, or any of its salts or	338
isomers, that is not in a final dosage form manufactured by a	339
person authorized by the Federal Food, Drug, and Cosmetic Act and	340
the federal drug abuse control laws.	341

(2) An amount equal to or exceeding one hundred twenty grams	342
or thirty times the maximum daily dose in the usual dose range	343
specified in a standard pharmaceutical reference manual of a	344
compound, mixture, preparation, or substance that is or contains	345
any amount of a schedule III or IV substance other than an	346
anabolic steroid or a schedule III opiate or opium derivative;	347

(3) An amount equal to or exceeding twenty grams or five	348
times the maximum daily dose in the usual dose range specified in	349
a standard pharmaceutical reference manual of a compound, mixture,	350
preparation, or substance that is or contains any amount of a	351
schedule III opiate or opium derivative;	352

(4) An amount equal to or exceeding two hundred fifty	353
milliliters or two hundred fifty grams of a compound, mixture,	354
preparation, or substance that is or contains any amount of a	355
schedule V substance;	356

(5) An amount equal to or exceeding two hundred solid dosage	357
units, sixteen grams, or sixteen milliliters of a compound,	358
mixture, preparation, or substance that is or contains any amount	359
of a schedule III anabolic steroid.	360

(E) "Unit dose" means an amount or unit of a compound,	361
mixture, or preparation containing a controlled substance that is	362
separately identifiable and in a form that indicates that it is	363
the amount or unit by which the controlled substance is separately	364
administered to or taken by an individual.	365

(F) "Cultivate" includes planting, watering, fertilizing, or	366
tilling.	367

(G) "Drug abuse offense" means any of the following:

368

(1) A violation of division (A) of section 2913.02 that	369
constitutes theft of drugs, or a violation of section 2925.02,	370
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	371
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	372
2925.37 of the Revised Code;	373

(2) A violation of an existing or former law of this or any	374
other state or of the United States that is substantially	375
equivalent to any section listed in division (G)(1) of this	376
section;	377

(3) An offense under an existing or former law of this or any	378
other state, or of the United States, of which planting,	379
cultivating, harvesting, processing, making, manufacturing,	380
producing, shipping, transporting, delivering, acquiring,	381
possessing, storing, distributing, dispensing, selling, inducing	382
another to use, administering to another, using, or otherwise	383
dealing with a controlled substance is an element;	384

(4) A conspiracy to commit, attempt to commit, or complicity	385
in committing or attempting to commit any offense under division	386
(G)(1), (2), or (3) of this section.	387

(H) "Felony drug abuse offense" means any drug abuse offense	388
that would constitute a felony under the laws of this state, any	389
other state, or the United States.	390

(I) "Harmful intoxicant" does not include beer or	391
intoxicating liquor but means any of the following:	392

(1) Any compound, mixture, preparation, or substance the gas,	393
fumes, or vapor of which when inhaled can induce intoxication,	394
excitement, giddiness, irrational behavior, depression,	395
stupefaction, paralysis, unconsciousness, asphyxiation, or other	396
harmful physiological effects, and includes, but is not limited	397
to, any of the following:	398

(a) Any volatile organic solvent, plastic cement, model	399
cement, fingernail polish remover, lacquer thinner, cleaning	400
fluid, gasoline, or other preparation containing a volatile	401
organic solvent;	402

(b) Any aerosol propellant;

403

(c) Any fluorocarbon refrigerant;

404

(d) Any anesthetic gas.

405

(2) Gamma Butyrolactone;

406

(3) 1,4 Butanediol.

407

(J) "Manufacture" means to plant, cultivate, harvest,	408
process, make, prepare, or otherwise engage in any part of the	409
production of a drug, by propagation, extraction, chemical	410
synthesis, or compounding, or any combination of the same, and	411
includes packaging, repackaging, labeling, and other activities	412
incident to production.	413

(K) "Possess" or "possession" means having control over a	414
thing or substance, but may not be inferred solely from mere	415
access to the thing or substance through ownership or occupation	416
of the premises upon which the thing or substance is found.	417

(L) "Sample drug" means a drug or pharmaceutical preparation	418
that would be hazardous to health or safety if used without the	419
supervision of a licensed health professional authorized to	420
prescribe drugs, or a drug of abuse, and that, at one time, had	421
been placed in a container plainly marked as a sample by a	422
manufacturer.	423

(M) "Standard pharmaceutical reference manual" means the	424
current edition, with cumulative changes if any, of any of the	425
following reference works:	426

(1) "The National Formulary";

427

(2) "The United States Pharmacopeia," prepared by authority	428
of the United States Pharmacopeial Convention, Inc.;	429

(3) Other standard references that are approved by the state	430
board of pharmacy.	431

(N) "Juvenile" means a person under eighteen years of age.

432

(O) "Counterfeit controlled substance" means any of the	433
following:	434

(1) Any drug that bears, or whose container or label bears, a	435
trademark, trade name, or other identifying mark used without	436
authorization of the owner of rights to that trademark, trade	437
name, or identifying mark;	438

(2) Any unmarked or unlabeled substance that is represented	439
to be a controlled substance manufactured, processed, packed, or	440
distributed by a person other than the person that manufactured,	441
processed, packed, or distributed it;	442

(3) Any substance that is represented to be a controlled	443
substance but is not a controlled substance or is a different	444
controlled substance;	445

(4) Any substance other than a controlled substance that a	446
reasonable person would believe to be a controlled substance	447
because of its similarity in shape, size, and color, or its	448
markings, labeling, packaging, distribution, or the price for	449
which it is sold or offered for sale.	450

(P) An offense is "committed in the vicinity of a school" if	451
the offender commits the offense on school premises, in a school	452
building, or within one thousand feet of the boundaries of any	453
school premises, regardless of whether the offender knows the	454
offense is being committed on school premises, in a school	455
building, or within one thousand feet of the boundaries of any	456
school premises.	457

(Q) "School" means any school operated by a board of	458
education, any community school established under Chapter 3314. of	459
the Revised Code, or any nonpublic school for which the state	460
board of education prescribes minimum standards under section	461
3301.07 of the Revised Code, whether or not any instruction,	462
extracurricular activities, or training provided by the school is	463
being conducted at the time a criminal offense is committed.	464

(R) "School premises" means either of the following:

465

(1) The parcel of real property on which any school is	466
situated, whether or not any instruction, extracurricular	467
activities, or training provided by the school is being conducted	468
on the premises at the time a criminal offense is committed;	469

(2) Any other parcel of real property that is owned or leased	470
by a board of education of a school, the governing authority of a	471
community school established under Chapter 3314. of the Revised	472
Code, or the governing body of a nonpublic school for which the	473
state board of education prescribes minimum standards under	474
section 3301.07 of the Revised Code and on which some of the	475
instruction, extracurricular activities, or training of the school	476
is conducted, whether or not any instruction, extracurricular	477
activities, or training provided by the school is being conducted	478
on the parcel of real property at the time a criminal offense is	479
committed.	480

(S) "School building" means any building in which any of the	481
instruction, extracurricular activities, or training provided by a	482
school is conducted, whether or not any instruction,	483
extracurricular activities, or training provided by the school is	484
being conducted in the school building at the time a criminal	485
offense is committed.	486

(T) "Disciplinary counsel" means the disciplinary counsel	487
appointed by the board of commissioners on grievances and	488
discipline of the supreme court under the Rules for the Government	489
of the Bar of Ohio.	490

(U) "Certified grievance committee" means a duly constituted	491
and organized committee of the Ohio state bar association or of	492
one or more local bar associations of the state of Ohio that	493
complies with the criteria set forth in Rule V, section 6 of the	494
Rules for the Government of the Bar of Ohio.	495

(V) "Professional license" means any license, permit,	496
certificate, registration, qualification, admission, temporary	497
license, temporary permit, temporary certificate, or temporary	498
registration that is described in divisions (W)(1) to (36) of this	499
section and that qualifies a person as a professionally licensed	500
person.	501

(W) "Professionally licensed person" means any of the	502
following:	503

(1) A person who has obtained a license as a manufacturer of	504
controlled substances or a wholesaler of controlled substances	505
under Chapter 3719. of the Revised Code;	506

(2) A person who has received a certificate or temporary	507
certificate as a certified public accountant or who has registered	508
as a public accountant under Chapter 4701. of the Revised Code and	509
who holds an Ohio permit issued under that chapter;	510

(3) A person who holds a certificate of qualification to	511
practice architecture issued or renewed and registered under	512
Chapter 4703. of the Revised Code;	513

(4) A person who is registered as a landscape architect under	514
Chapter 4703. of the Revised Code or who holds a permit as a	515
landscape architect issued under that chapter;	516

(5) A person licensed under Chapter 4707. of the Revised	517
Code;	518

(6) A person who has been issued a certificate of	519
registration as a registered barber under Chapter 4709. of the	520
Revised Code;	521

(7) A person licensed and regulated to engage in the business	522
of a debt pooling company by a legislative authority, under	523
authority of Chapter 4710. of the Revised Code;	524

(8) A person who has been issued a cosmetologist's license,	525
hair designer's license, manicurist's license, esthetician's	526
license, natural hair stylist's license, managing cosmetologist's	527
license, managing hair designer's license, managing manicurist's	528
license, managing esthetician's license, managing natural hair	529
stylist's license, cosmetology instructor's license, hair design	530
instructor's license, manicurist instructor's license, esthetics	531
instructor's license, natural hair style instructor's license,	532
independent contractor's license, or tanning facility permit under	533
Chapter 4713. of the Revised Code;	534

(9) A person who has been issued a license to practice	535
dentistry, a general anesthesia permit, a conscious intravenous	536
sedation permit, a limited resident's license, a limited teaching	537
license, a dental hygienist's license, or a dental hygienist's	538
teacher's certificate under Chapter 4715. of the Revised Code;	539

(10) A person who has been issued an embalmer's license, a	540
funeral director's license, a funeral home license, or a crematory	541
license, or who has been registered for an embalmer's or funeral	542
director's apprenticeship under Chapter 4717. of the Revised Code;	543

(11) A person who has been licensed as a registered nurse or	544
practical nurse, or who has been issued a certificate for the	545
practice of nurse-midwifery under Chapter 4723. of the Revised	546
Code;	547

(12) A person who has been licensed to practice optometry or	548
to engage in optical dispensing under Chapter 4725. of the Revised	549
Code;	550

(13) A person licensed to act as a pawnbroker under Chapter	551
4727. of the Revised Code;	552

(14) A person licensed to act as a precious metals dealer	553
under Chapter 4728. of the Revised Code;	554

(15) A person licensed as a pharmacist, a pharmacy intern, a	555
wholesale distributor of dangerous drugs, or a terminal	556
distributor of dangerous drugs, or a person certified as a	557
pharmacy technician, under Chapter 4729. of the Revised Code;	558

(16) A person who is authorized to practice as a physician	559
assistant under Chapter 4730. of the Revised Code;	560

(17) A person who has been issued a certificate to practice	561
medicine and surgery, osteopathic medicine and surgery, a limited	562
branch of medicine, or podiatry under Chapter 4731. of the Revised	563
Code;	564

(18) A person licensed as a psychologist or school	565
psychologist under Chapter 4732. of the Revised Code;	566

(19) A person registered to practice the profession of	567
engineering or surveying under Chapter 4733. of the Revised Code;	568

(20) A person who has been issued a license to practice	569
chiropractic under Chapter 4734. of the Revised Code;	570

(21) A person licensed to act as a real estate broker or real	571
estate salesperson under Chapter 4735. of the Revised Code;	572

(22) A person registered as a registered sanitarian under	573
Chapter 4736. of the Revised Code;	574

(23) A person licensed to operate or maintain a junkyard	575
under Chapter 4737. of the Revised Code;	576

(24) A person who has been issued a motor vehicle salvage	577
dealer's license under Chapter 4738. of the Revised Code;	578

(25) A person who has been licensed to act as a steam	579
engineer under Chapter 4739. of the Revised Code;	580

(26) A person who has been issued a license or temporary	581
permit to practice veterinary medicine or any of its branches, or	582
who is registered as a graduate animal technician under Chapter	583
4741. of the Revised Code;	584

(27) A person who has been issued a hearing aid dealer's or	585
fitter's license or trainee permit under Chapter 4747. of the	586
Revised Code;	587

(28) A person who has been issued a class A, class B, or	588
class C license or who has been registered as an investigator or	589
security guard employee under Chapter 4749. of the Revised Code;	590

(29) A person licensed and registered to practice as a	591
nursing home administrator under Chapter 4751. of the Revised	592
Code;	593

(30) A person licensed to practice as a speech-language	594
pathologist or audiologist under Chapter 4753. of the Revised	595
Code;	596

(31) A person issued a license as an occupational therapist	597
or physical therapist under Chapter 4755. of the Revised Code;	598

(32) A person who is licensed as a professional clinical	599
counselor or professional counselor, licensed as a social worker	600
or independent social worker, or registered as a social work	601
assistant under Chapter 4757. of the Revised Code;	602

(33) A person issued a license to practice dietetics under	603
Chapter 4759. of the Revised Code;	604

(34) A person who has been issued a license or limited permit	605
to practice respiratory therapy under Chapter 4761. of the Revised	606
Code;	607

(35) A person who has been issued a real estate appraiser	608
certificate under Chapter 4763. of the Revised Code;	609

(36) A person who has been admitted to the bar by order of	610
the supreme court in compliance with its prescribed and published	611
rules.	612

(X) "Cocaine" means any of the following:

613

(1) A cocaine salt, isomer, or derivative, a salt of a	614
cocaine isomer or derivative, or the base form of cocaine;	615

(2) Coca leaves or a salt, compound, derivative, or	616
preparation of coca leaves, including ecgonine, a salt, isomer, or	617
derivative of ecgonine, or a salt of an isomer or derivative of	618
ecgonine;	619

(3) A salt, compound, derivative, or preparation of a	620
substance identified in division (X)(1) or (2) of this section	621
that is chemically equivalent to or identical with any of those	622
substances, except that the substances shall not include	623
decocainized coca leaves or extraction of coca leaves if the	624
extractions do not contain cocaine or ecgonine.	625

(Y) "L.S.D." means lysergic acid diethylamide.

626

(Z) "Hashish" means the resin or a preparation of the resin	627
contained in marihuana, whether in solid form or in a liquid	628
concentrate, liquid extract, or liquid distillate form.	629

(AA) "Marihuana" has the same meaning as in section 3719.01	630
of the Revised Code, except that it does not include hashish.	631

(BB) An offense is "committed in the vicinity of a juvenile"	632
if the offender commits the offense within one hundred feet of a	633
juvenile or within the view of a juvenile, regardless of whether	634
the offender knows the age of the juvenile, whether the offender	635
knows the offense is being committed within one hundred feet of or	636
within view of the juvenile, or whether the juvenile actually	637
views the commission of the offense.	638

(CC) "Presumption for a prison term" or "presumption that a	639
prison term shall be imposed" means a presumption, as described in	640
division (D) of section 2929.13 of the Revised Code, that a prison	641
term is a necessary sanction for a felony in order to comply with	642
the purposes and principles of sentencing under section 2929.11 of	643
the Revised Code.	644

(DD) "Major drug offender" has the same meaning as in section	645
2929.01 of the Revised Code.	646

(EE) "Minor drug possession offense" means either of the	647
following:	648

(1) A violation of section 2925.11 of the Revised Code as it	649
existed prior to July 1, 1996;	650

(2) A violation of section 2925.11 of the Revised Code as it	651
exists on and after July 1, 1996, that is a misdemeanor or a	652
felony of the fifth degree.	653

(FF) "Mandatory prison term" has the same meaning as in	654
section 2929.01 of the Revised Code.	655

(GG) "Crack cocaine" means a compound, mixture, preparation,	656
or substance that is or contains any amount of cocaine that is	657
analytically identified as the base form of cocaine or that is in	658
a form that resembles rocks or pebbles generally intended for	659
individual use.	660

(HH) "Adulterate" means to cause a drug to be adulterated as	661
described in section 3715.63 of the Revised Code.	662

(II) "Public premises" means any hotel, restaurant, tavern,	663
store, arena, hall, or other place of public accommodation,	664
business, amusement, or resort.	665

(JJ) "Methamphetamine" means methamphetamine, any salt,	666
isomer, or salt of an isomer of methamphetamine, or any compound,	667
mixture, preparation, or substance containing methamphetamine or	668
any salt, isomer, or salt of an isomer of methamphetamine.	669

Sec. 2925.09.  (A) No person shall administer, dispense,	670
distribute, manufacture, possess, sell, or use any drug, other	671
than a controlled substance, that is not approved by the United	672
States food and drug administration, or the United States	673
department of agriculture, unless one of the following applies:	674

(1) The United States food and drug administration has	675
approved an application for investigational use in accordance with	676
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	677
21 U.S.C.A. 301, as amended, and the drug is used only for the	678
approved investigational use;	679

(2) The United States department of agriculture has approved	680
an application for investigational use in accordance with the	681
federal "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21 U.S.C.A.	682
151, as amended, and the drug is used only for the approved	683
investigational use;	684

(3) A licensed health professional authorized to prescribe	685
drugs, other than a veterinarian, prescribes or combines two or	686
more drugs as a single product for medical purposes;	687

(4) A pharmacist, pursuant to a prescriptionor a pharmacy	688
intern or pharmacy technician working under the direct supervision	689
of a pharmacist as authorized by Chapter 4729. of the Revised	690
Code, compounds and dispenses two or more drugs as a single	691
product for medical purposes pursuant to a prescription.	692

(B)(1) As used in this division, "dangerous drug,"	693
"prescription," "sale at retail," "wholesale distributor of	694
dangerous drugs," and "terminal distributor of dangerous drugs,"	695
have the same meanings as in section 4729.01 of the Revised Code.	696

(2) Except as provided in division (B)(3) of this section, no	697
person shall administer, dispense, distribute, manufacture,	698
possess, sell, or use any dangerous drug to or for livestock or	699
any animal that is generally used for food or in the production of	700
food, unless the drug is prescribed by a licensed veterinarian by	701
prescription or other written order and the drug is used in	702
accordance with the veterinarian's order or direction.	703

(3) Division (B)(2) of this section does not apply to a	704
registered wholesale distributor of dangerous drugs, a licensed	705
terminal distributor of dangerous drugs, or a person who	706
possesses, possesses for sale, or sells, at retail, a drug in	707
accordance with Chapters 3719., 4729., or 4741. of the Revised	708
Code.	709

(C) Whoever violates division (A) or (B)(2) of this section	710
is guilty of a felony of the fifth degree on a first offense and	711
of a felony of the fourth degree on each subsequent offense.	712

Sec. 3715.01.  (A) As used in this chapter:

713

(1) "Public health council" means the public health council	714
established by section 3701.33 of the Revised Code.	715

(2) "Person" means an individual, partnership, corporation,	716
or association.	717

(3) "Food" means:

718

(a) Articles used for food or drink for humans or animals;

719

(b) Chewing gum;

720

(c) Articles used for components of any such articles.

721

(4) "Drug" means:

722

(a) Articles recognized in the United States pharmacopoeia	723
and national formulary, or any supplement to them;	724

(b) Articles intended for use in the diagnosis, cure,	725
mitigation, treatment, or prevention of disease in humans or	726
animals;	727

(c) Articles, other than food, intended to affect the	728
structure or any function of the body of humans or other animals;	729

(d) Articles intended for use as a component of any of the	730
foregoing articles, other than devices or their components, parts,	731
or accessories.	732

(5) "Device," except when used in division (B)(1) of this	733
section and in division (A)(10) of section 3715.52, division (F)	734
of section 3715.60, division (A)(5) of section 3715.64, and	735
division (C) of section 3715.67 of the Revised Code, means any	736
instrument, apparatus, implement, machine, contrivance, implant,	737
in vitro reagent, or other similar or related article, including	738
any component, part, or accessory, that is any of the following:	739

(a) Recognized in the United States pharmacopoeia and	740
national formulary, or any supplement to them;	741

(b) Intended for use in the diagnosis of disease or other	742
conditions, or in the cure, mitigation, treatment, or prevention	743
of disease in humans or animals;	744

(c) Intended to affect the structure or any function of the	745
body of humans or animals, and that does not achieve any of its	746
principal intended purposes through chemical action within or on	747
the body of humans or animals and is not dependent upon being	748
metabolized for the achievement of any of its principal intended	749
purposes.	750

(6) "Cosmetic" means:

751

(a) Articles intended to be rubbed, poured, sprinkled, or	752
sprayed on, introduced into, or otherwise applied to the human	753
body or any part thereof for cleansing, beautifying, promoting	754
attractiveness, or altering the appearance;	755

(b) Articles intended for use as a component of any such	756
article, except that "cosmetic" does not include soap.	757

(7) "Label" means a display of written, printed, or graphic	758
matter upon the immediate container, exclusive of package liners,	759
of any article.	760

Any word, statement, or other information required by this	761
chapter to appear on the label must appear on the outside	762
container or wrapper, if any, of the retail package of the	763
article, or the label must be easily legible through the outside	764
container or wrapper.	765

(8) "Labeling" means all labels and other written, printed,	766
or graphic matter:	767

(a) Upon an article or any of its containers or wrappers;

768

(b) Accompanying such article.

769

(9) "Advertisement" means all representations disseminated in	770
any manner or by any means, other than by labeling, for the	771
purpose of inducing, or that are likely to induce, directly or	772
indirectly, the purchase of food, drugs, devices, or cosmetics.	773

(10) "New drug" means:

774

(a) Any drug the composition of which is such that the drug	775
is not generally recognized among experts qualified by scientific	776
training and experience to evaluate the safety of drugs, as safe	777
for use under the conditions prescribed, recommended, or suggested	778
in the labeling thereof;	779

(b) Any drug the composition of which is such that the drug,	780
as a result of investigation to determine its safety for use under	781
such conditions, has become so recognized, but that has not, other	782
than in an investigation, been used to a material extent or for a	783
material time under such conditions.	784

(11) "Contaminated with filth" applies to any food, drug,	785
device, or cosmetic that has not been protected as far as may be	786
necessary by all reasonable means from dust, dirt, and all foreign	787
or injurious substances.	788

(12) "Honey" means the nectar and saccharine exudation of	789
plants that has been gathered, modified, and stored in a honeycomb	790
by honeybees.	791

(13) "Finished dosage form" means the form of a drug that is,	792
or is intended to be, dispensed or administered to humans or	793
animals and requires no further manufacturing or processing other	794
than packaging, reconstituting, or labeling.	795

(14)(a) "Manufacture" means the planting, cultivating,	796
harvesting, processing, making, preparing, or otherwise engaging	797
in any part of the production of a drug by propagating,	798
compounding, converting, or processing, either directly or	799
indirectly by extracting from substances of natural origin, or	800
independently by means of chemical synthesis, or by a combination	801
of extraction and chemical synthesis, and includes the following:	802

(i) Any packaging or repackaging of the drug or labeling or	803
relabeling of its container, the promotion and marketing of the	804
drug, and other activities incident to production;	805

(ii) The preparation and promotion of commercially available	806
products from bulk compounds for resale by pharmacies, licensed	807
health professionals authorized to prescribe drugs, or other	808
persons.	809

(b) "Manufacture" does not include the preparation,	810
compounding, packaging, or labeling of a drug by a pharmacist, or	811
a pharmacy intern or pharmacy technician working under the direct	812
supervision of a pharmacist as authorized by Chapter 4729. of the	813
Revised Code, as an incident to either of the following:	814

(i) Dispensing a drug in the usual course of professional	815
practice or work;	816

(ii) Providing a licensed health professional authorized to	817
prescribe drugs with a drug for the purpose of administering to	818
patients or for using the drug in treating patients in the	819
professional's office.	820

(15) "Dangerous drug" has the same meaning as in section	821
4729.01 of the Revised Code.	822

(16) "Generically equivalent drug" means a drug that contains	823
identical amounts of the identical active ingredients, but not	824
necessarily containing the same inactive ingredients, that meets	825
the identical compendial or other applicable standard of identity,	826
strength, quality, and purity, including potency, and where	827
applicable, content uniformity, disintegration times, or	828
dissolution rates, as the prescribed brand name drug and the	829
manufacturer or distributor holds, if applicable, either an	830
approved new drug application or an approved abbreviated new drug	831
application unless other approval by law or from the federal food	832
and drug administration is required.	833

No drug shall be considered a generically equivalent drug for	834
the purposes of this chapter if it has been listed by the federal	835
food and drug administration as having proven bioequivalence	836
problems.	837

(17) "Licensed health professional authorized to prescribe	838
drugs" and "prescriber" have the same meanings as in section	839
4729.01 of the Revised Code.	840

(18) "Home" means the primary residence occupied by the	841
residence's owner, on the condition that the residence contains	842
only one stove or oven used for cooking, which may be a double	843
oven, designed for common residence usage and not for commercial	844
usage, and that the stove or oven be operated in an ordinary	845
kitchen within the residence.	846

(19) "Potentially hazardous food" means a food that is	847
natural or synthetic, to which any of the following apply:	848

(a) It has a pH level greater than 4.6 when measured at	849
seventy-five degrees fahrenheit or twenty-four degrees celsius.	850

(b) It has a water activity value greater than 0.85.

851

(c) It requires temperature control because it is in a form	852
capable of supporting the rapid and progressive growth of	853
infectious or toxigenic microorganisms, the growth and toxin	854
production of clostridium botulinium, or in the case of raw shell	855
eggs, the growth of salmonella enteritidis.	856

(20) "Cottage food production operation" means a person who,	857
in the person's home, produces food items that are not potentially	858
hazardous foods, including bakery products, jams, jellies, candy,	859
fruit butter, and similar products specified in rules adopted	860
pursuant to section 3715.025 of the Revised Code.	861

(B) For the purposes of sections 3715.52 to 3715.72 of the	862
Revised Code:	863

(1) If an article is alleged to be misbranded because the	864
labeling is misleading, or if an advertisement is alleged to be	865
false because it is misleading, then in determining whether the	866
labeling or advertisement is misleading, there shall be taken into	867
account, among other things, not only representations made or	868
suggested by statement, word, design, device, sound, or in any	869
combination thereof, but also the extent to which the labeling or	870
advertisement fails to reveal facts material in the light of such	871
representations or material with respect to consequence which may	872
result from the use of the article to which the labeling or	873
advertisement relates under the conditions of use prescribed in	874
the labeling or advertisement thereof or under such conditions of	875
use as are customary or usual.	876

(2) The provisions regarding the selling of food, drugs,	877
devices, or cosmetics include the manufacture, production,	878
processing, packing, exposure, offer, possession, and holding of	879
any such article for sale; and the sale, dispensing, and giving of	880
any such article, and the supplying or applying of any such	881
articles in the conduct of any food, drug, or cosmetic	882
establishment. The provisions do not prohibit a licensed health	883
professional authorized to prescribe drugs from administering or	884
personally furnishing a drug or device to a patient.	885

(3) The representation of a drug, in its labeling or	886
advertisement, as an antiseptic is a representation that it is a	887
germicide, except in the case of a drug purporting to be, or	888
represented as, an antiseptic for inhibitory use as a wet	889
dressing, ointment, dusting powder, or other use that involves	890
prolonged contact with the body.	891

(4) Whenever jurisdiction is vested in the director of	892
agriculture or the state board of pharmacy, the jurisdiction of	893
the board shall be limited to the sale, offering for sale, giving	894
away, delivery, or dispensing in any manner of drugs at the	895
wholesale and retail levels or to the consumer and shall be	896
exclusive in the case of such sale, offering for sale, giving	897
away, delivery, or dispensing in any manner of drugs at the	898
wholesale and retail levels or to the consumer in any place where	899
prescriptions are dispensed or compounded.	900

(5) To assist in effectuating the provisions of those	901
sections, the director of agriculture or state board of pharmacy	902
may request assistance or data from any government or private	903
agency or individual.	904

Sec. 3715.64.  (A) A drug or device is misbranded within the	905
meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised	906
Code, if:	907

(1) Its labeling is false or misleading in any particular.

908

(2) It is in package form and does not bear a label	909
containing both of the following:	910

(a) In clearly legible form, the name and place of business	911
of the manufacturer, packer, or distributor;	912

(b) An accurate statement of the quantity of the contents in	913
terms of weight, measure, or numerical count; but reasonable	914
variations shall be permitted, and exemptions as to small packages	915
shall apply as established by rules adopted by the director of	916
agriculture or state board of pharmacy.	917

(3) It is a dangerous drug and does not bear a label	918
containing in clearly legible form the name and place of business	919
of the manufacturer of the finished dosage form and, if different,	920
the packer or distributor.	921

(4) It is a dangerous drug in finished solid oral dosage form	922
and it does not have clearly and prominently marked or imprinted	923
on it an individual symbol, company name, national drug code	924
number or other number, words, letters, or any combination	925
thereof, identifying the drug and its manufacturer or distributor.	926
This requirement does not apply to drugs that are compounded by a	927
licensed pharmacist or by a licensed pharmacy intern or certified	928
pharmacy technician working under the direct supervision of a	929
pharmacist as authorized by Chapter 4729. of the Revised Code. The	930
manufacturer or distributor of each such drug shall make available	931
to the state board of pharmacy descriptive material identifying	932
the mark or imprint used by the manufacturer or distributor. The	933
board shall provide this information to all poison control centers	934
in this state. Upon application by a manufacturer or distributor,	935
the board may exempt a drug from the requirements of this division	936
on the grounds that marking or imprinting the drug is not feasible	937
because of its size, texture, or other unique characteristic.	938

(5) Any word, statement, or other information that is	939
required by or under authority of sections 3715.01 and 3715.52 to	940
3715.72 of the Revised Code to appear on the label or labeling is	941
not prominently placed on the label or labeling in a conspicuous	942
manner, as compared with other words, statements, designs, or	943
devices on the label or labeling, and in terms that render it	944
likely to be read and understood by the ordinary individual under	945
customary conditions of purchase and use.	946

(6) It is a drug and it is not designated solely by a name	947
recognized in the United States pharmacopoeia and national	948
formulary, or any supplement to them, unless its label bears:	949

(a) The common or usual name of the drug, if any;

950

(b) In case it is fabricated from two or more ingredients,	951
the common or usual name of each active ingredient the drug	952
contains, including the kind and quantity or proportion of any	953
alcohol, and also including whether active or not, the name and	954
quantity or proportion of any bromides, ether, chloroform,	955
acetanalid, acetophenetidin, aminopyrine, atropine, hyoscine,	956
hyoscyamine, arsenic, digitalis, digitalis glycosides, mercury,	957
ouabain, strophanthin, strychnine, thyroid, or any derivative or	958
preparation of any such substances; but to the extent that	959
compliance with these requirements is impracticable, exemptions	960
shall apply as established by rules adopted by the director of	961
agriculture or state board of pharmacy.	962

(7) Its labeling does not bear the following:

963

(a) Adequate directions for use of the drug or device, except	964
that when compliance with this requirement is not necessary for a	965
particular drug or device to protect the public health, the	966
director shall adopt rules exempting the drug or device from the	967
requirement;	968

(b) Adequate warnings against use in those pathological	969
conditions or by children when its use may be dangerous to health,	970
or against unsafe dosage or methods or duration of administration	971
or application, presented in a manner and form as necessary for	972
the protection of users.	973

(8) It purports to be a drug the name of which is recognized	974
in the United States pharmacopoeia and national formulary, or any	975
supplement to them, and it is not packaged and labeled as	976
prescribed in those compendiums, except that the method of packing	977
may be modified with the consent of the director of agriculture.	978
Whenever a drug is recognized in both the homoeopathic	979
pharmacopoeia of the United States and in the United States	980
pharmacopoeia and national formulary, including their supplements,	981
it shall be subject to the requirements of the United States	982
pharmacopoeia and national formulary with respect to packaging and	983
labeling unless it is labeled and offered for sale as a	984
homoeopathic drug, in which case it shall be subject to the	985
provisions of the homoeopathic pharmacopoeia of the United States	986
and not to those of the United States pharmacopoeia and national	987
formulary.	988

(9) It has been found by the director of agriculture to be a	989
drug liable to deterioration, unless it is packaged in the form	990
and manner, and its label bears a statement of precautions, as	991
required by rules adopted by the director as necessary for the	992
protection of public health. No rule shall be established for any	993
drug recognized in the United States pharmacopoeia and national	994
formulary, or any supplements to them, until the director has	995
informed the appropriate bodies charged with the revision of those	996
compendiums of the need for packaging or labeling requirements and	997
those bodies have failed within a reasonable time to prescribe	998
such requirements.	999

(10)(a) It is a drug and its container is so made, formed, or	1000
filled as to be misleading.	1001

(b) It is an imitation of another drug.

1002

(c) It is offered for sale under the name of another drug.

1003

(d) The drug sold or dispensed is not the brand or drug	1004
specifically prescribed or ordered or, when dispensed by a	1005
pharmacist upon prescription, is neither the brand or drug	1006
prescribed nor a generically equivalent drug.	1007

(11) It is dangerous to health when used in the dosage, or	1008
with the frequency or duration prescribed, recommended, or	1009
suggested in its labeling.	1010

(12) It is a drug intended for human use to which the	1011
following apply:	1012

(a) Because of its toxicity or other potentiality for harmful	1013
effect, the method of its use, or the collateral measures	1014
necessary to its use, the drug is not safe for use except under	1015
the supervision of a licensed health professional authorized to	1016
prescribe drugs;	1017

(b) The drug is limited by an effective application under	1018
section 505 of the "Federal Food, Drug, and Cosmetic Act," 52	1019
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, to use under	1020
professional supervision by a licensed health professional	1021
authorized to prescribe drugs, unless it is dispensed only:	1022

(i) Upon a written or electronic prescription;

1023

(ii) Upon an oral prescription, which is reduced promptly to	1024
writing by the pharmacist;	1025

(iii) By refilling a prescription if refilling is authorized	1026
by the prescriber either in the original prescription or by oral	1027
order, which is promptly reduced to writing by the pharmacist.	1028

(B) Any drug dispensed pursuant to a written, electronic, or	1029
oral prescription of a licensed health professional authorized to	1030
prescribe drugs shall be exempt from the requirements of division	1031
(A) of this section, except divisions (A)(1) and (10) of this	1032
section, if the drug bears a label containing the name and address	1033
of the dispenser, the serial number and the date the prescription	1034
is dispensed, the name of the prescriber, the name of the patient,	1035
and, if stated in the prescription, the directions for use and	1036
cautionary statements. Unless the prescription directions prohibit	1037
labeling, the label shall include the brand name of the drug	1038
dispensed. If the drug dispensed has no brand name, the generic	1039
name and the distributor of the finished dosage form shall be	1040
included.	1041

Sec. 3719.01.  As used in this chapter:

1042

(A) "Administer" means the direct application of a drug,	1043
whether by injection, inhalation, ingestion, or any other means to	1044
a person or an animal.	1045

(B) "Drug enforcement administration" means the drug	1046
enforcement administration of the United States department of	1047
justice or its successor agency.	1048

(C) "Controlled substance" means a drug, compound, mixture,	1049
preparation, or substance included in schedule I, II, III, IV, or	1050
V.	1051

(D) "Dangerous drug" has the same meaning as in section	1052
4729.01 of the Revised Code.	1053

(E) "Dispense" means to sell, leave with, give away, dispose	1054
of, or deliver.	1055

(F) "Distribute" means to deal in, ship, transport, or	1056
deliver but does not include administering or dispensing a drug.	1057

(G) "Drug" has the same meaning as in section 4729.01 of the	1058
Revised Code.	1059

(H) "Drug abuse offense," "felony drug abuse offense,"	1060
"cocaine," and "hashish" have the same meanings as in section	1061
2925.01 of the Revised Code.	1062

(I) "Federal drug abuse control laws" means the	1063
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	1064
Stat. 1242, 21 U.S.C. 801, as amended.	1065

(J) "Hospital" means an institution for the care and	1066
treatment of the sick and injured that is certified by the	1067
department of health and approved by the state board of pharmacy	1068
as proper to be entrusted with the custody of controlled	1069
substances and the professional use of controlled substances.	1070

(K) "Hypodermic" means a hypodermic syringe or needle, or	1071
other instrument or device for the injection of medication.	1072

(L) "Isomer," except as otherwise expressly stated, means the	1073
optical isomer.	1074

(M) "Laboratory" means a laboratory approved by the state	1075
board of pharmacy as proper to be entrusted with the custody of	1076
controlled substances and the use of controlled substances for	1077
scientific and clinical purposes and for purposes of instruction.	1078

(N) "Manufacturer" means a person who manufactures a	1079
controlled substance, as "manufacture" is defined in section	1080
3715.01 of the Revised Code.	1081

(O) "Marihuana" means all parts of a plant of the genus	1082
cannabis, whether growing or not; the seeds of a plant of that	1083
type; the resin extracted from a part of a plant of that type; and	1084
every compound, manufacture, salt, derivative, mixture, or	1085
preparation of a plant of that type or of its seeds or resin.	1086
"Marihuana" does not include the mature stalks of the plant, fiber	1087
produced from the stalks, oils or cake made from the seeds of the	1088
plant, or any other compound, manufacture, salt, derivative,	1089
mixture, or preparation of the mature stalks, except the resin	1090
extracted from the mature stalks, fiber, oil or cake, or the	1091
sterilized seed of the plant that is incapable of germination.	1092

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	1093
amidone, isoamidone, ketobemidone, as defined in this division,	1094
and every substance not chemically distinguished from them and	1095
every drug, other than cannabis, that may be included in the	1096
meaning of "narcotic drug" under the federal drug abuse control	1097
laws. As used in this division:	1098

(1) "Coca leaves" includes cocaine and any compound,	1099
manufacture, salt, derivative, mixture, or preparation of coca	1100
leaves, except derivatives of coca leaves, that does not contain	1101
cocaine, ecgonine, or substances from which cocaine or ecgonine	1102
may be synthesized or made.	1103

(2) "Isonipecaine" means any substance identified chemically	1104
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	1105
any salt thereof, by whatever trade name designated.	1106

(3) "Amidone" means any substance identified chemically as	1107
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	1108
whatever trade name designated.	1109

(4) "Isoamidone" means any substance identified chemically as	1110
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	1111
thereof, by whatever trade name designated.	1112

(5) "Ketobemidone" means any substance identified chemically	1113
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	1114
hydrochloride, or any salt thereof, by whatever trade name	1115
designated.	1116

(Q) "Official written order" means an order written on a form	1117
provided for that purpose by the director of the United States	1118
drug enforcement administration, under any laws of the United	1119
States making provision for the order, if the order forms are	1120
authorized and required by federal law.	1121

(R) "Opiate" means any substance having an addiction-forming	1122
or addiction-sustaining liability similar to morphine or being	1123
capable of conversion into a drug having addiction-forming or	1124
addiction-sustaining liability. "Opiate" does not include, unless	1125
specifically designated as controlled under section 3719.41 of the	1126
Revised Code, the dextrorotatory isomer of	1127
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	1128
"Opiate" does include its racemic and levoratory forms.	1129

(S) "Opium poppy" means the plant of the species papaver	1130
somniferum L., except its seeds.	1131

(T) "Person" means any individual, corporation, government,	1132
governmental subdivision or agency, business trust, estate, trust,	1133
partnership, association, or other legal entity.	1134

(U) "Pharmacist" means a person licensed under Chapter 4729.	1135
of the Revised Code to engage in the practice of pharmacy.	1136

(V) "Pharmacy" has the same meaning as in section 4729.01 of	1137
the Revised Code.	1138

(W) "Poison" means any drug, chemical, or preparation likely	1139
to be deleterious or destructive to adult human life in quantities	1140
of four grams or less.	1141

(X) "Poppy straw" means all parts, except the seeds, of the	1142
opium poppy, after mowing.	1143

(Y) "Licensed health professional authorized to prescribe	1144
drugs," "prescriber," and "prescription" have the same meanings as	1145
in section 4729.01 of the Revised Code.	1146

(Z) "Registry number" means the number assigned to each	1147
person registered under the federal drug abuse control laws.	1148

(AA) "Sale" includes delivery, barter, exchange, transfer, or	1149
gift, or offer thereof, and each transaction of those natures made	1150
by any person, whether as principal, proprietor, agent, servant,	1151
or employee.	1152

(BB) "Schedule I," "schedule II," "schedule III," "schedule	1153
IV," and "schedule V" mean controlled substance schedules I, II,	1154
III, IV, and V, respectively, established pursuant to section	1155
3719.41 of the Revised Code, as amended pursuant to section	1156
3719.43 or 3719.44 of the Revised Code.	1157

(CC) "Wholesaler" means a person who, on official written	1158
orders other than prescriptions, supplies controlled substances	1159
that the person has not manufactured, produced, or prepared	1160
personally and includes a "wholesale distributor of dangerous	1161
drugs" as defined in section 4729.01 of the Revised Code.	1162

(DD) "Animal shelter" means a facility operated by a humane	1163
society or any society organized under Chapter 1717. of the	1164
Revised Code or a dog pound operated pursuant to Chapter 955. of	1165
the Revised Code.	1166

(EE) "Terminal distributor of dangerous drugs" has the same	1167
meaning as in section 4729.01 of the Revised Code.	1168

(FF) "Category III license" means a license issued to a	1169
terminal distributor of dangerous drugs as set forth in section	1170
4729.54 of the Revised Code.	1171

(GG) "Prosecutor" has the same meaning as in section 2935.01	1172
of the Revised Code.	1173

(HH) "Pharmacy intern" means a person licensed under Chapter	1174
4729. of the Revised Code to participate in the pharmacy intern	1175
program established by the state board of pharmacy.	1176

(II) "Pharmacy technician" means a person certified under	1177
Chapter 4729. of the Revised Code to work as a pharmacy	1178
technician.	1179

Sec. 3719.12.  Unless a report has been made pursuant to	1180
section 2929.42 of the Revised Code, on the conviction of a	1181
manufacturer, wholesaler, terminal distributor of dangerous drugs,	1182
pharmacist, pharmacy intern, pharmacy technician, dentist,	1183
chiropractor, physician, podiatrist, registered nurse, licensed	1184
practical nurse, physician assistant, optometrist, or veterinarian	1185
of the violation of this chapter or Chapter 2925. of the Revised	1186
Code, the prosecutor in the case promptly shall report the	1187
conviction to the board that licensed, certified, or registered	1188
the person to practice or to carry on business. The responsible	1189
board shall provide forms to the prosecutor. Within thirty days of	1190
the receipt of this information, the board shall initiate action	1191
in accordance with Chapter 119. of the Revised Code to determine	1192
whether to suspend or revoke the person's license, certificate, or	1193
registration.	1194

Sec. 3719.121.  (A) Except as otherwise provided in section	1195
4723.28, 4723.35, 4729.16, 4730.25, 4731.22, 4734.39, or 4734.41	1196
of the Revised Code, the license, certificate, or registration of	1197
any dentist, chiropractor, physician, podiatrist, registered	1198
nurse, licensed practical nurse, physician assistant, pharmacist,	1199
pharmacy intern, pharmacy technician, optometrist, or veterinarian	1200
who is or becomes addicted to the use of controlled substances	1201
shall be suspended by the board that authorized the person's	1202
license, certificate, or registration until the person offers	1203
satisfactory proof to the board that the person no longer is	1204
addicted to the use of controlled substances.	1205

(B) If the board under which a person has been issued a	1206
license, certificate, or evidence of registration determines that	1207
there is clear and convincing evidence that continuation of the	1208
person's professional practice or method of prescribing or	1209
personally furnishing controlled substances presents a danger of	1210
immediate and serious harm to others, the board may suspend the	1211
person's license, certificate, or registration without a hearing.	1212
Except as otherwise provided in sections 4715.30, 4723.281,	1213
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	1214
board shall follow the procedure for suspension without a prior	1215
hearing in section 119.07 of the Revised Code. The suspension	1216
shall remain in effect, unless removed by the board, until the	1217
board's final adjudication order becomes effective, except that if	1218
the board does not issue its final adjudication order within	1219
ninety days after the hearing, the suspension shall be void on the	1220
ninety-first day after the hearing.	1221

(C) On receiving notification pursuant to section 2929.42 or	1222
3719.12 of the Revised Code, the board under which a person has	1223
been issued a license, certificate, or evidence of registration	1224
immediately shall suspend the license, certificate, or	1225
registration of that person on a plea of guilty to, a finding by a	1226
jury or court of the person's guilt of, or conviction of a felony	1227
drug abuse offense; a finding by a court of the person's	1228
eligibility for intervention in lieu of conviction; a plea of	1229
guilty to, or a finding by a jury or court of the person's guilt	1230
of, or the person's conviction of an offense in another	1231
jurisdiction that is essentially the same as a felony drug abuse	1232
offense; or a finding by a court of the person's eligibility for	1233
treatment or intervention in lieu of conviction in another	1234
jurisdiction. The board shall notify the holder of the license,	1235
certificate, or registration of the suspension, which shall remain	1236
in effect until the board holds an adjudicatory hearing under	1237
Chapter 119. of the Revised Code.	1238

Sec. 4303.34.  The sale of alcohol under G and I permits is	1239
subject to the following restrictions in addition to those imposed	1240
by the rules or orders of the division of liquor control:	1241

(A) All sales under such permits shall be made by the	1242
licensed pharmacist in charge of the store or by a licensed	1243
pharmacy intern,or certified pharmacy technician working under	1244
the direct supervision of a pharmacist and lawfully employed	1245
therein.	1246

(B) All sales to hospitals, infirmaries, and medical or	1247
educational institutions for the uses authorized by such permits	1248
shall be made only upon the written, signed, dated, and sworn	1249
application of the superintendent of such institution.	1250

(C) All sales of alcohol to physicians, dentists, and	1251
veterinary surgeons shall be made only on the written, signed,	1252
dated, and sworn application of such physician, dentist, or	1253
veterinary surgeon, personally presented by the applicant.	1254

(D) All sales of alcohol for mechanical, chemical, or	1255
scientific purposes shall be made only upon the written	1256
application of the purchaser known by the pharmacist, or a	1257
pharmacy intern or pharmacy technician working under the direct	1258
supervision of a pharmacist, to be a person engaged in such	1259
mechanical, chemical, or scientific pursuits, which application	1260
shall be dated, signed, and sworn to by the purchaser.	1261

All applications required by this section shall state clearly	1262
and specifically the kind and quantity of alcohol required and the	1263
use to which it is to be put by the person purchasing it, and that	1264
the person will not use any of the alcohol procured for any other	1265
use than that stated in the application.	1266

All prescriptions and applications required by this section	1267
shall be canceled as soon as filled by the person filling the	1268
same, by having "canceled" plainly written or stamped thereon and	1269
signed and dated by the person who filled the same, and shall be	1270
kept open to public inspection. No person shall furnish alcohol	1271
more than once on any such prescription or application.	1272

Each holder of such a permit shall register in an	1273
alphabetically arranged book, kept exclusively for that purpose,	1274
all prescriptions of physicians and dentists, in the following	1275
order: the name of the physician or dentist, the name of the	1276
person prescribed for, the quantity and kind of alcohol, and the	1277
use for which prescribed.	1278

The person making the sale shall indorse upon the	1279
prescription the date upon which it was filled and the person's	1280
own name. Each such holder shall keep a record of applications,	1281
showing the date of each, by whom made, the quantity and kind of	1282
alcohol supplied, and when, where, and for what purpose and by	1283
whom such alcohol was to be used. Each applicant shall certify to	1284
the same by signing the applicant's name in such record book. Such	1285
book shall be open at all times during business hours to the	1286
inspection of the division.	1287

Any licensed pharmacist or pharmacy intern, or certified	1288
pharmacy technician, may administer the oath required by this	1289
section.	1290

Sec. 4729.01. As used in this chapter:

1291

(A) "Pharmacy," except when used in a context that refers to	1292
the practice of pharmacy, means any area, room, rooms, place of	1293
business, department, or portion of any of the foregoing where the	1294
practice of pharmacy is conducted.	1295

(B) "Practice of pharmacy" means providing pharmacist care	1296
requiring specialized knowledge, judgment, and skill derived from	1297
the principles of biological, chemical, behavioral, social,	1298
pharmaceutical, and clinical sciences. As used in this division,	1299
"pharmacist care" includes the following:	1300

(1) Interpreting prescriptions;

1301

(2) Dispensing drugs and drug therapy related devices;

1302

(3) Compounding drugs;

1303

(4) Counseling individuals with regard to their drug therapy,	1304
recommending drug therapy related devices, and assisting in the	1305
selection of drugs and appliances for treatment of common diseases	1306
and injuries and providing instruction in the proper use of the	1307
drugs and appliances;	1308

(5) Performing drug regimen reviews with individuals by	1309
discussing all of the drugs that the individual is taking and	1310
explaining the interactions of the drugs;	1311

(6) Performing drug utilization reviews with licensed health	1312
professionals authorized to prescribe drugs when the pharmacist	1313
determines that an individual with a prescription has a drug	1314
regimen that warrants additional discussion with the prescriber;	1315

(7) Advising an individual and the health care professionals	1316
treating an individual with regard to the individual's drug	1317
therapy;	1318

(8) Acting pursuant to a consult agreement with a physician	1319
authorized under Chapter 4731. of the Revised Code to practice	1320
medicine and surgery or osteopathic medicine and surgery, if an	1321
agreement has been established with the physician;	1322

(9) Administering the adult immunizations specified in	1323
section 4729.41 of the Revised Code, if the pharmacist has met the	1324
requirements of that section.	1325

(C) "Compounding" means the preparation, mixing, assembling,	1326
packaging, and labeling of one or more drugs in any of the	1327
following circumstances:	1328

(1) Pursuant to a prescription issued by a licensed health	1329
professional authorized to prescribe drugs;	1330

(2) Pursuant to the modification of a prescription made in	1331
accordance with a consult agreement;	1332

(3) As an incident to research, teaching activities, or	1333
chemical analysis;	1334

(4) In anticipation of orders for drugs pursuant to	1335
prescriptions, based on routine, regularly observed dispensing	1336
patterns;	1337

(5) Pursuant to a request made by a licensed health	1338
professional authorized to prescribe drugs for a drug that is to	1339
be used by the professional for the purpose of direct	1340
administration to patients in the course of the professional's	1341
practice, if all of the following apply:	1342

(a) At the time the request is made, the drug is not	1343
commercially available regardless of the reason that the drug is	1344
not available, including the absence of a manufacturer for the	1345
drug or the lack of a readily available supply of the drug from a	1346
manufacturer.	1347

(b) A limited quantity of the drug is compounded and provided	1348
to the professional.	1349

(c) The drug is compounded and provided to the professional	1350
as an occasional exception to the normal practice of dispensing	1351
drugs pursuant to patient-specific prescriptions.	1352

(D) "Consult agreement" means an agreement to manage an	1353
individual's drug therapy that has been entered into by a	1354
pharmacist and a physician authorized under Chapter 4731. of the	1355
Revised Code to practice medicine and surgery or osteopathic	1356
medicine and surgery.	1357

(E) "Drug" means:

1358

(1) Any article recognized in the United States pharmacopoeia	1359
and national formulary, or any supplement to them, intended for	1360
use in the diagnosis, cure, mitigation, treatment, or prevention	1361
of disease in humans or animals;	1362

(2) Any other article intended for use in the diagnosis,	1363
cure, mitigation, treatment, or prevention of disease in humans or	1364
animals;	1365

(3) Any article, other than food, intended to affect the	1366
structure or any function of the body of humans or animals;	1367

(4) Any article intended for use as a component of any	1368
article specified in division (E)(1), (2), or (3) of this section;	1369
but does not include devices or their components, parts, or	1370
accessories.	1371

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

1372

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

1373

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	1374
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	1375
required to bear a label containing the legend "Caution: Federal	1376
law prohibits dispensing without prescription" or "Caution:	1377
Federal law restricts this drug to use by or on the order of a	1378
licensed veterinarian" or any similar restrictive statement, or	1379
the drug may be dispensed only upon a prescription;	1380

(b) Under Chapter 3715. or 3719. of the Revised Code, the	1381
drug may be dispensed only upon a prescription.	1382

(2) Any drug that contains a schedule V controlled substance	1383
and that is exempt from Chapter 3719. of the Revised Code or to	1384
which that chapter does not apply;	1385

(3) Any drug intended for administration by injection into	1386
the human body other than through a natural orifice of the human	1387
body.	1388

(G) "Federal drug abuse control laws" has the same meaning as	1389
in section 3719.01 of the Revised Code.	1390

(H) "Prescription" means a written, electronic, or oral order	1391
for drugs or combinations or mixtures of drugs to be used by a	1392
particular individual or for treating a particular animal, issued	1393
by a licensed health professional authorized to prescribe drugs.	1394

(I) "Licensed health professional authorized to prescribe	1395
drugs" or "prescriber" means an individual who is authorized by	1396
law to prescribe drugs or dangerous drugs or drug therapy related	1397
devices in the course of the individual's professional practice,	1398
including only the following:	1399

(1) A dentist licensed under Chapter 4715. of the Revised	1400
Code;	1401

(2) A clinical nurse specialist, certified nurse-midwife, or	1402
certified nurse practitioner who holds a certificate to prescribe	1403
issued under section 4723.48 of the Revised Code;	1404

(3) An optometrist licensed under Chapter 4725. of the	1405
Revised Code to practice optometry under a therapeutic	1406
pharmaceutical agents certificate;	1407

(4) A physician authorized under Chapter 4731. of the Revised	1408
Code to practice medicine and surgery, osteopathic medicine and	1409
surgery, or podiatry;	1410

(5) A physician assistant who holds a certificate to	1411
prescribe issued under Chapter 4730. of the Revised Code;	1412

(6) A veterinarian licensed under Chapter 4741. of the	1413
Revised Code.	1414

(J) "Sale" and "sell" include delivery, transfer, barter,	1415
exchange, or gift, or offer therefor, and each such transaction	1416
made by any person, whether as principal proprietor, agent, or	1417
employee.	1418

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	1419
which the purpose of the purchaser is to resell the article	1420
purchased or received by the purchaser.	1421

(L) "Retail sale" and "sale at retail" mean any sale other	1422
than a wholesale sale or sale at wholesale.	1423

(M) "Retail seller" means any person that sells any dangerous	1424
drug to consumers without assuming control over and responsibility	1425
for its administration. Mere advice or instructions regarding	1426
administration do not constitute control or establish	1427
responsibility.	1428

(N) "Price information" means the price charged for a	1429
prescription for a particular drug product and, in an easily	1430
understandable manner, all of the following:	1431

(1) The proprietary name of the drug product;

1432

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

1433

(3) The strength of the drug product if the product contains	1434
a single active ingredient or if the drug product contains more	1435
than one active ingredient and a relevant strength can be	1436
associated with the product without indicating each active	1437
ingredient. The established name and quantity of each active	1438
ingredient are required if such a relevant strength cannot be so	1439
associated with a drug product containing more than one	1440
ingredient.	1441

(4) The dosage form;

1442

(5) The price charged for a specific quantity of the drug	1443
product. The stated price shall include all charges to the	1444
consumer, including, but not limited to, the cost of the drug	1445
product, professional fees, handling fees, if any, and a statement	1446
identifying professional services routinely furnished by the	1447
pharmacy. Any mailing fees and delivery fees may be stated	1448
separately without repetition. The information shall not be false	1449
or misleading.	1450

(O) "Wholesale distributor of dangerous drugs" means a person	1451
engaged in the sale of dangerous drugs at wholesale and includes	1452
any agent or employee of such a person authorized by the person to	1453
engage in the sale of dangerous drugs at wholesale.	1454

(P) "Manufacturer of dangerous drugs" means a person, other	1455
than a pharmacist, who manufactures dangerous drugs and who is	1456
engaged in the sale of those dangerous drugs within this state.	1457

(Q) "Terminal distributor of dangerous drugs" means a person	1458
who is engaged in the sale of dangerous drugs at retail, or any	1459
person, other than a wholesale distributor or a pharmacist, who	1460
has possession, custody, or control of dangerous drugs for any	1461
purpose other than for that person's own use and consumption, and	1462
includes pharmacies, hospitals, nursing homes, and laboratories	1463
and all other persons who procure dangerous drugs for sale or	1464
other distribution by or under the supervision of a pharmacist or	1465
licensed health professional authorized to prescribe drugs.	1466

(R) "Promote to the public" means disseminating a	1467
representation to the public in any manner or by any means, other	1468
than by labeling, for the purpose of inducing, or that is likely	1469
to induce, directly or indirectly, the purchase of a dangerous	1470
drug at retail.	1471

(S) "Person" includes any individual, partnership,	1472
association, limited liability company, or corporation, the state,	1473
any political subdivision of the state, and any district,	1474
department, or agency of the state or its political subdivisions.	1475

(T) "Finished dosage form" has the same meaning as in section	1476
3715.01 of the Revised Code.	1477

(U) "Generically equivalent drug" has the same meaning as in	1478
section 3715.01 of the Revised Code.	1479

(V) "Animal shelter" means a facility operated by a humane	1480
society or any society organized under Chapter 1717. of the	1481
Revised Code or a dog pound operated pursuant to Chapter 955. of	1482
the Revised Code.	1483

(W) "Food" has the same meaning as in section 3715.01 of the	1484
Revised Code.	1485

(X) "Pharmacy technician" means an individual who has been	1486
issued a certificate and identification card under section 4729.43	1487
of the Revised Code to work as a pharmacy technician in this	1488
state.	1489

Sec. 4729.06. (A) The state board of pharmacy shall keep a	1490
record of its proceedings and a register of all persons to whom	1491
identification cards and licenses or certificates have been	1492
granted as pharmacists or, pharmacy interns, and pharmacy	1493
technicians together with each renewal and suspension or	1494
revocation of an identification card and license or certificate.	1495
The books and registers of the board shall be prima-facie evidence	1496
of the matters therein recorded. The president and executive	1497
director of the board may administer oaths.	1498

A statement signed by the executive director to which is	1499
affixed the official seal of the board to the effect that it	1500
appears from the records of the board that the board has not	1501
issued an identification card and license to practice pharmacy, or	1502
any of its branches, to the person specified in the statement, or	1503
that an identification card and license, if issued, has been	1504
revoked or suspended, shall be received as prima-facie evidence of	1505
the record of the board in any court or before any officer of this	1506
state.	1507

(B) A court or officer of this state shall receive as	1508
prima-facie evidence of the record of the board a statement,	1509
signed by the board's executive director and containing the	1510
board's official seal, providing for either or both of the	1511
following:	1512

(1) That the records of the board show that the board has not	1513
issued an identification card and license to practice pharmacy or	1514
any of its branches, or an identification card and certificate to	1515
work as a pharmacy technician, to the person specified in the	1516
statement;	1517

(2) That the records of the board show that an identification	1518
card and license or certificate, if issued, has been revoked or	1519
suspended.	1520

Sec. 4729.15.  The state board of pharmacy shall charge the	1521
following fees:	1522

(A) For applying for a license to practice as a pharmacist,	1523
an amount adequate to cover all rentals, compensation for	1524
proctors, and other expenses of the board related to examination	1525
except the expenses of procuring and grading the examination,	1526
which fee shall not be returned if the applicant fails to pass the	1527
examination;	1528

(B) For the examination of an applicant for licensure as a	1529
pharmacist, an amount adequate to cover any expenses to the board	1530
of procuring and grading the examination or any part thereof,	1531
which fee shall not be returned if the applicant fails to pass the	1532
examination;	1533

(C) For issuing a license and an identification card to an	1534
individual who passes the examination described in section 4729.07	1535
of the Revised Code or applies for a certificate to work as a	1536
pharmacy technician, an amount that is adequate to cover the	1537
expense;	1538

(D) For a pharmacist or pharmacy technician applying for	1539
renewal of an identification card withinnot later than sixty days	1540
after the expiration date, ninety-seven dollars and fifty cents or	1541
the amount determined by the board, respectively, which fee shall	1542
not be returned if the applicant fails to qualify for renewal;	1543

(E) For a pharmacist or pharmacy technician applying for	1544
renewal of an identification card that has lapsed for more than	1545
sixty days, but for less than three years, one hundred thirty-five	1546
dollars or the amount determined by the board, respectively, which	1547
fee shall not be returned if the applicant fails to qualify for	1548
renewal;	1549

(F) For a pharmacist or pharmacy technician applying for	1550
renewal of an identification card that has lapsed for more than	1551
three years, three hundred thirty-seven dollars and fifty cents or	1552
the amount determined by the board, respectively, which fee shall	1553
not be returned if the applicant fails to qualify for renewal;	1554

(G) For a pharmacist applying for a license and	1555
identification card, on presentation of a pharmacist license	1556
granted by another state, three hundred thirty-seven dollars and	1557
fifty cents, which fee shall not be returned if the applicant	1558
fails to qualify for licensure.	1559

(H) For a license and identification card to practice as a	1560
pharmacy intern, twenty-two dollars and fifty cents, which fee	1561
shall not be returned if the applicant fails to qualify for	1562
licensure;	1563

(I) For the renewal of a pharmacy intern identification card,	1564
twenty-two dollars and fifty cents, which fee shall not be	1565
returned if the applicant fails to qualify for renewal;	1566

(J) For a certificate and identification card to practice as	1567
a pharmacy technician, an amount determined by the board not to	1568
exceed fifty dollars, which fee shall not be returned if the	1569
applicant fails to qualify for licensure;	1570

(K) For issuing a replacement license to a pharmacist,	1571
twenty-two dollars and fifty cents;	1572

(K)(L) For issuing a replacement license to a pharmacy intern	1573
or a replacement certificate to a pharmacy technician, seven	1574
dollars and fifty cents;	1575

(L)(M) For issuing a replacement identification card to a	1576
pharmacist, thirty-seven dollars and fifty cents, or pharmacy	1577
intern or pharmacy technician, seven dollars and fifty cents;	1578

(M)(N) For certifying licensure and grades for reciprocal	1579
licensure, ten dollars;	1580

(N)(O) For making copies of any application, affidavit, or	1581
other document filed in the state board of pharmacy office, an	1582
amount fixed by the board that is adequate to cover the expense,	1583
except that for copies required by federal or state agencies or	1584
law enforcement officers for official purposes, no charge need be	1585
made;	1586

(O)(P) For certifying and affixing the seal of the board, an	1587
amount fixed by the board that is adequate to cover the expense,	1588
except that for certifying and affixing the seal of the board to a	1589
document required by federal or state agencies or law enforcement	1590
officers for official purposes, no charge need be made;	1591

(P)(Q) For each copy of a book or pamphlet that includes laws	1592
administered by the state board of pharmacy, rules adopted by the	1593
board, and chapters of the Revised Code with which the board is	1594
required to comply, an amount fixed by the board that is adequate	1595
to cover the expense of publishing and furnishing the book or	1596
pamphlet.	1597

Sec. 4729.16.  (A) The state board of pharmacy, after notice	1598
and hearing in accordance with Chapter 119. of the Revised Code,	1599
may revoke, suspend, limit, place on probation, or refuse to grant	1600
or renew an identification card, or may impose a monetary penalty	1601
or forfeiture not to exceed in severity any fine designated under	1602
the Revised Code for a similar offense, or in the case of a	1603
violation of a section of the Revised Code that does not bear a	1604
penalty, a monetary penalty or forfeiture of not more than five	1605
hundred dollars, if the board finds a pharmacist or pharmacy	1606
internan individual licensed under, or who has applied for	1607
licensure under, section 4729.08, 4729.09, or 4729.11 of the	1608
Revised Code, or an individual certified under, or who has applied	1609
for certification under, section 4729.42 or 4729.43 of the Revised	1610
Code:	1611

(1) Guilty of a felony or gross immorality;

1612

(2) Guilty of dishonesty or unprofessional conduct in the	1613
practice of pharmacy or work as a pharmacy technician;	1614

(3) Addicted to or abusing liquor or drugs or impaired	1615
physically or mentally to such a degree as to render the	1616
pharmacist or pharmacy internindividual unfit to practice	1617
pharmacy or to work as a pharmacy technician;	1618

(4) Has been convicted of a misdemeanor related to, or	1619
committed in, the practice of pharmacy or work as a pharmacy	1620
technician;	1621

(5) Guilty of willfully violating, conspiring to violate,	1622
attempting to violate, or aiding and abetting the violation of any	1623
of the provisions of this chapter, sections 3715.52 to 3715.72 of	1624
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	1625
any rule adopted by the board under those provisions;	1626

(6) Guilty of permitting anyone other than a pharmacist or	1627
pharmacy intern to practice pharmacy or anyone other than a	1628
pharmacy technician to work as a pharmacy technician;	1629

(7) Guilty of knowingly lending the pharmacist's or pharmacy	1630
intern's name to an illegal practitioner of pharmacy or having	1631
professional connection with an illegal practitioner of pharmacy;	1632

(8) Guilty of dividing or agreeing to divide remuneration	1633
made in the practice of pharmacy with any other individual,	1634
including, but not limited to, any licensed health professional	1635
authorized to prescribe drugs or any owner, manager, or employee	1636
of a health care facility, residential care facility, or nursing	1637
home;	1638

(9) Has violated the terms of a consult agreement entered	1639
into pursuant to section 4729.39 of the Revised Code;	1640

(10) Has committed fraud, misrepresentation, or deception in	1641
applying for or securing a license, certificate, or identification	1642
card issued by the board under this chapter or under Chapter 3715.	1643
or 3719. of the Revised Code.	1644

(B) Any individual whose identification card is revoked,	1645
suspended, or refused, shall return the identification card and	1646
license or certificate to the offices of the state board of	1647
pharmacy within ten days after receipt of notice of such action.	1648

(C) As used in this section:

1649

"Unprofessional conduct in the practice of pharmacy" includes	1650
any of the following:	1651

(1) Advertising or displaying signs that promote dangerous	1652
drugs to the public in a manner that is false or misleading;	1653

(2) Except as provided in section 4729.281 of the Revised	1654
Code, the sale of any drug for which a prescription is required,	1655
without having received a prescription for the drug;	1656

(3) Knowingly dispensing medication pursuant to false or	1657
forged prescriptions;	1658

(4) Knowingly failing to maintain complete and accurate	1659
records of all dangerous drugs received or dispensed in compliance	1660
with federal laws and regulations and state laws and rules;	1661

(5) Obtaining any remuneration by fraud, misrepresentation,	1662
or deception.	1663

(D) The board may suspend a license, certificate, or	1664
identification card under division (B) of section 3719.121 of the	1665
Revised Code by utilizing a telephone conference call to review	1666
the allegations and take a vote.	1667

(E) If, pursuant to an adjudication under Chapter 119. of the	1668
Revised Code, the board has reasonable cause to believe that a	1669
pharmacist or, pharmacy intern, or pharmacy technician is	1670
physically or mentally impaired, the board may require the	1671
pharmacist or, pharmacy intern, or pharmacy technician to submit	1672
to a physical or mental examination, or both.	1673

Sec. 4729.18.  The state board of pharmacy shall adopt rules	1674
in accordance with Chapter 119. of the Revised Code establishing	1675
standards for approving and designating physicians and facilities	1676
as treatment providers for pharmacistsindividuals licensed under	1677
section 4729.08, 4729.09, or 4729.11 of the Revised Code, or	1678
individuals certified under section 4729.43 of the Revised Code,	1679
with substance abuse problems and shall approve and designate	1680
treatment providers in accordance with the rules. The rules shall	1681
include standards for both inpatient and outpatient treatment. The	1682
rules shall provide that to be approved, a treatment provider must	1683
be capable of making an initial examination to determine the type	1684
of treatment required for a pharmacistlicensee or certificate	1685
holder with substance abuse problems. Subject to the rules, the	1686
board shall review and approve treatment providers on a regular	1687
basis and may, at its discretion, withdraw or deny approval.	1688

An approved treatment provider shall:

1689

(A) Report to the board the name of any pharmacistlicensee	1690
or certificate holder suffering or showing evidence of suffering	1691
impairment by reason of being addicted to or abusing liquor or	1692
drugs as described in division (A)(3) of section 4729.16 of the	1693
Revised Code who fails to comply within one week with a referral	1694
for examination;	1695

(B) Report to the board the name of any impaired pharmacist	1696
licensee or certificate holder who fails to enter treatment within	1697
forty-eight hours following the provider's determination that the	1698
pharmacistlicensee or certificate holder needs treatment;	1699

(C) Require every pharmacistlicensee or certificate holder	1700
who enters treatment to agree to a treatment contract establishing	1701
the terms of treatment and aftercare, including any required	1702
supervision or restrictions of practice or work during treatment	1703
or aftercare;	1704

(D) Require a pharmacistlicensee or certificate holder to	1705
suspend practice or work on entering any required inpatient	1706
treatment;	1707

(E) Report to the board any failure by an impaired pharmacist	1708
licensee or certificate holder to comply with the terms of the	1709
treatment contract during inpatient or outpatient treatment or	1710
aftercare;	1711

(F) Report to the board the resumption of practice or work of	1712
any impaired pharmacistlicensee or certificate holder before the	1713
treatment provider has made a clear determination that the	1714
pharmacistlicensee or certificate holder is capable of practicing	1715
or working according to acceptable and prevailing standards;	1716

(G) Require a pharmacistlicensee or certificate holder who	1717
resumes practice or work after completion of treatment to comply	1718
with an aftercare contract that meets the requirements of rules	1719
adopted by the board for approval of treatment providers;	1720

(H) Report to the board any pharmacistlicensee or	1721
certificate holder who suffers a relapse at any time during or	1722
following aftercare.	1723

Any pharmacistlicensee or certificate holder who enters into	1724
treatment by an approved treatment provider shall be deemed to	1725
have waived any confidentiality requirements that would otherwise	1726
prevent the treatment provider from making reports required under	1727
this section.	1728

In the absence of fraud or bad faith, no professional	1729
association of pharmacists or pharmacy interns technicians	1730
licensed under this chapter, or pharmacy technicians certified	1731
under this chapter, that sponsors a committee or program to	1732
provide peer assistance to pharmacistslicensees or certificate	1733
holders with substance abuse problems, no representative or agent	1734
of such a committee or program, and no member of the state board	1735
of pharmacy shall be liable to any person for damages in a civil	1736
action by reason of actions taken to refer a pharmacistlicensee	1737
or certificate holder to a treatment provider designated by the	1738
board or actions or omissions of the provider in treating a	1739
pharmacistlicensee or certificate holder.	1740

In the absence of fraud or bad faith, no person who reports	1741
to the board a pharmacistlicensee or certificate holder with a	1742
suspected substance abuse problem shall be liable to any person	1743
for damages in a civil action as a result of the report.	1744

Sec. 4729.26.  The state board of pharmacy may adopt rules in	1745
accordance with Chapter 119. of the Revised Code, not inconsistent	1746
with the law, as may be necessary to carry out the purposes of and	1747
to enforce the provisions of this chapter. The rules shall be	1748
published and made available by the board to each pharmacist and	1749
pharmacy intern licensed, and each pharmacy technician certified,	1750
under this chapter.	1751

Sec. 4729.271.  A person who owns, manages, or conducts a	1752
pharmacy shall do both of the following with respect to	1753
individuals who are not licensed pharmacists or pharmacy interns,	1754
nor certified pharmacy technicians, but who aid such individuals	1755
in the operation of the pharmacy:	1756

(A) Create and maintain a record on each aide;

1757

(B) Develop a written policy regarding the activities the	1758
aides are authorized to perform and educate the aides regarding	1759
the policy.	1760

Sec. 4729.28. No(A) Subject to division (B) of this	1761
section, no person who is not a pharmacist, or a pharmacy intern	1762
or pharmacy technician working under the personal supervision of a	1763
pharmacist as authorized by this chapter, shall compound,	1764
dispense, or sell dangerous drugs or otherwise engage in the	1765
practice of pharmacy or work as a pharmacy technician.	1766

(B) Division (A) of this section does not prohibit an	1767
individual not licensed or certified under this chapter from	1768
performing retail sales clerk functions, including registering	1769
sales transactions at point of sale terminals or electronic cash	1770
registers.	1771

Sec. 4729.38.  (A) Unless instructed otherwise by the person	1772
receiving the drug pursuant to the prescription, a pharmacist	1773
filling a prescription for a drug prescribed by its brand name may	1774
select a generically equivalent drug, as defined in section	1775
3715.01 of the Revised Code, subject to the following conditions:	1776

(1) The pharmacist shall not select a generically equivalent	1777
drug if the prescriber handwrites "dispense as written," or	1778
"D.A.W.," on the written prescription, or, when ordering a	1779
prescription electronically or orally, the prescriber specifies	1780
that the prescribed drug is medically necessary. These	1781
designations shall not be preprinted or stamped on the	1782
prescription. Division (A)(1) of this section does not preclude a	1783
reminder of the procedure required to prohibit the selection of a	1784
generically equivalent drug from being preprinted on the	1785
prescription.	1786

(2) The pharmacist shall not select a generically equivalent	1787
drug unless its price to the patient is less than or equal to the	1788
price of the prescribed drug.	1789

(3) The pharmacist, or the pharmacist'sa pharmacy intern,	1790
pharmacy technician, or agent, aide, assistant, or employee of the	1791
pharmacist shall inform the patient or the patient's agent if a	1792
generically equivalent drug is available at a lower or equal cost,	1793
and of the person's right to refuse the drug selected. Division	1794
(A)(3) of this section does not apply to any:	1795

(a) Prescription that is billed to any agency, division, or	1796
department of this state which will reimburse the pharmacy;	1797

(b) Prescriptions for patients of a hospital, nursing home,	1798
or similar patient care facility.	1799

(B) Unless the prescriber instructs otherwise, the label for	1800
every drug dispensed shall include the drug's brand name, if any,	1801
or its generic name and the name of the distributor, using	1802
abbreviations if necessary. When dispensing at retail a	1803
generically equivalent drug for the brand name drug prescribed,	1804
the pharmacist shall indicate on the drug's label or container	1805
that a generic substitution was made. The labeling requirements	1806
established by this division are in addition to all other labeling	1807
requirements of Chapter 3715. of the Revised Code.	1808

(C) A pharmacist who selects a generically equivalent drug	1809
pursuant to this section assumes no greater liability for	1810
selecting the dispensed drug than would be incurred in filling a	1811
prescription for a drug prescribed by its brand name.	1812

(D) The failure of a prescriber to restrict a prescription by	1813
specifying "dispense as written," or "D.A.W.," pursuant to	1814
division (A)(1) of this section shall not constitute evidence of	1815
the prescriber's negligence unless the prescriber had reasonable	1816
cause to believe that the health condition of the patient for whom	1817
the drug was intended warranted the prescription of a specific	1818
brand name drug and no other. No prescriber shall be liable for	1819
civil damages or in any criminal prosecution arising from the	1820
interchange of a generically equivalent drug for a prescribed	1821
brand name drug by a pharmacist, unless the prescribed brand name	1822
drug would have reasonably caused the same loss, damage, injury,	1823
or death.	1824

Sec. 4729.42.  (A) An individual desiring to be certified to	1825
work as a pharmacy technician in this state shall file with the	1826
executive director of the state board of pharmacy a written	1827
application for certification as a pharmacy technician, under	1828
oath, on a form prescribed by the board. The application shall be	1829
accompanied by the fee required by division (C) of section 4729.15	1830
of the Revised Code. An application filed under this section may	1831
not be withdrawn without the approval of the board.	1832

(B) At the time of application, the applicant shall meet all	1833
of the following requirements:	1834

(1) Be eighteen years of age or older;

1835

(2) Possess a high school diploma or the equivalent of a high	1836
school diploma, as determined by the board;	1837

(3) Have results of a criminal records check completed and	1838
sent to the board by the bureau of criminal identification and	1839
investigation indicating that the individual has not been	1840
convicted of, pleaded guilty to, or had a judicial finding of	1841
guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11,	1842
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11	1843
of the Revised Code or a substantially similar law of another	1844
state, the United States, or another country. The records check	1845
shall include a check of federal bureau of investigation records.	1846

(4) Have submitted written evidence satisfactory to the board	1847
of either of the following:	1848

(a) That the applicant has passed the examination for	1849
pharmacy technician certification administered by the pharmacy	1850
technician certification board or a person with which the pharmacy	1851
technician certification board contracts with to administer the	1852
examination on the board's behalf;	1853

(b) That the applicant has successfully completed both of the	1854
following:	1855

(i) A pharmacy technician educational program that is a	1856
prerequisite to sitting for the examination described in division	1857
(B)(4)(a) of this section or is a program that meets standards	1858
adopted by the board in rules adopted under section 4729.50 of the	1859
Revised Code;	1860

(ii) The minimum number of hours of pharmacy technician	1861
training established by the board in rules adopted under section	1862
4729.50 of the Revised Code.	1863

(C) A pharmacy technician educational program that must be	1864
successfully completed as required by division (B)(4)(b) of this	1865
section may include an employer-sponsored educational program.	1866

Sec. 4729.43.  An applicant who submits an application under	1867
section 4729.42 of the Revised Code shall be issued an	1868
identification card and certificate to work as a pharmacy	1869
technician in this state if the board determines that all of the	1870
following are true:	1871

(A) The applicant meets all the requirements of section	1872
4729.42 of the Revised Code.	1873

(B) The applicant satisfies either of the following criteria:

1874

(1) The applicant has not been found by the board to have	1875
committed an act that is grounds for disciplinary action under	1876
section 4729.16 of the Revised Code.	1877

(2) The applicant has been found by the board to have	1878
committed an act that is grounds for disciplinary action under	1879
section 4729.16 of the Revised Code, but the board has determined	1880
that the applicant has made restitution, been rehabilitated, or	1881
both.	1882

Sec. 4729.44.  (A) Except as provided in section 4729.49 of	1883
the Revised Code, an identification card issued by the state board	1884
of pharmacy under section 4729.43 of the Revised Code entitles the	1885
individual to whom it is issued to work as a pharmacy technician	1886
in this state until the next biennial renewal date.	1887

(B) Identification cards shall be renewed biennially, on a	1888
date determined by the board, according to the standard renewal	1889
procedure of Chapter 4745. of the Revised Code.	1890

(C) Except as provided in section 4729.49 of the Revised	1891
Code, a pharmacy technician shall, while working as a pharmacy	1892
technician, carry the identification card or renewal	1893
identification card and wear a badge or nameplate that clearly	1894
identifies the technician's name and status as a certified	1895
pharmacy technician.	1896

(D) A pharmacy technician who desires to continue working as	1897
a pharmacy technician shall file with the board an application in	1898
such form and containing such data as the board may require for	1899
renewal of an identification card. An application filed under this	1900
section may not be withdrawn without the approval of the board. If	1901
the board finds that the applicant's card has not been revoked or	1902
placed under suspension and that the applicant has paid the	1903
renewal fee and is entitled to continue being certified as a	1904
pharmacy technician, the board shall issue a renewal	1905
identification card to the applicant.	1906

(E) When an identification card has lapsed for more than	1907
sixty days but application for renewal is made not later than	1908
three years after the expiration of the card, the applicant shall	1909
be issued a renewal identification card if the applicant meets the	1910
requirements of this section and pays a late renewal fee	1911
designated under section 4729.15 of the Revised Code.	1912

(F)(1) Except as provided in division (F)(2) of this section,	1913
when an identification card has lapsed for more than three years	1914
after the expiration of the card, the applicant shall be issued a	1915
renewal card if the applicant meets the requirements of this	1916
section, the additional requirements specified by the board in	1917
rules adopted under section 4729.69 of the Revised Code, and pays	1918
the fee designated under division (F) of section 4729.15 of the	1919
Revised Code.	1920

(2) An applicant described in division (F)(1) of this section	1921
who has continually worked as a pharmacy technician in another	1922
state under a license, certificate, or registration issued by the	1923
authority of that state is exempt from having to meet the	1924
additional requirements specified by the board in rules adopted	1925
under section 4729.50 of the Revised Code.	1926

Sec. 4729.45.  A replacement certificate or identification	1927
card may be issued to a person registered with the state board of	1928
pharmacy to work as a pharmacy technician whose certificate or	1929
identification card has been lost or destroyed on the condition	1930
that the applicant, by affidavit, sets forth the facts concerning	1931
the loss or destruction of the previously issued certificate or	1932
identification card.	1933

Sec. 4729.46.  (A) Subject to division (C) of this section, a	1934
pharmacy technician may assist a pharmacist or pharmacy intern in	1935
the following activities:	1936

(1) Dispensing drugs in accordance with section 4729.01 of	1937
the Revised Code and procedures established by the board in rules	1938
adopted under section 4729.50 of the Revised Code;	1939

(2) Compounding of drugs in accordance with section 4729.01	1940
of the Revised Code and procedures established by the board in	1941
rules adopted under section 4729.50 of the Revised Code;	1942

(3) Stocking and inventorying prescription drugs;

1943

(4) Any other activity that is for the purpose of assisting a	1944
pharmacist or pharmacy intern as specified by the board in rules	1945
adopted under section 4729.50 of the Revised Code.	1946

(B) In addition to the duties specified in division (A) of	1947
this section, a pharmacy technician working in a nursing home,	1948
residential care facility, or hospital may, subject to division	1949
(C) of this section, do all of the following:	1950

(1) Review patient charts;

1951

(2) In accordance with division (D) of this section, package	1952
in individual doses, label, and deliver to patients medications,	1953
but this authority does not include authority to administer	1954
medications to patients.	1955

(3) Any other duties specified by the board in rules adopted	1956
under section 4729.50 of the Revised Code.	1957

(C) A pharmacy technician may assist in the activities	1958
described in division (A) or (B) of this section only if the	1959
activity is done under the direct supervision of a pharmacist. For	1960
purposes of this division, "direct supervision" means that a	1961
pharmacist is on site, able to provide supervision, and properly	1962
reviews the activities of the pharmacy technician.	1963

(D) If, as described in division (B)(2) of this section, a	1964
pharmacy technician packages or labels medication, or intends to	1965
deliver medication to a patient, prior to delivery of the	1966
medication to the patient, a pharmacist must review the medication	1967
that has been packaged or labeled or is intended to be delivered.	1968

Sec. 4729.47. (A) Except as provided in division (B) of this	1969
section, a pharmacist shall at no time supervise more than three	1970
pharmacy technicians during a work shift.	1971

(B) A pharmacist may supervise more than three pharmacy	1972
technicians during a work shift in accordance with rules the state	1973
board of pharmacy adopts under section 4729.50 of the Revised	1974
Code.	1975

Sec. 4729.48.  (A) Except as provided in division (B) of this	1976
section or section 4729.49 of the Revised Code, no individual who	1977
is not a pharmacist or pharmacy intern licensed under this	1978
chapter, or pharmacy technician certified under this chapter,	1979
shall engage in the activities in division (A) of section 4729.46	1980
of the Revised Code.	1981

(B) Division (A) of this section does not prohibit either of	1982
the following:	1983

(1) An individual from performing any services a pharmacist,	1984
pharmacy intern, or pharmacy technician may be authorized to	1985
perform if the person's professional scope of practice established	1986
under any other chapter of the Revised Code authorizes the	1987
individual to perform the services;	1988

(2) An individual who is not certified as a pharmacy	1989
technician under this chapter from doing either of the following:	1990

(a) Performing retail sales clerk functions, including	1991
registering sales transactions at point of sale terminals or	1992
electronic cash registers;	1993

(b) Preparing insurance forms and documentation.

1994

Sec. 4729.49. (A) Subject to divisions (B) and (C) of this	1995
section, an individual who has filed an application for	1996
certification as a pharmacy technician under section 4729.42 of	1997
the Revised Code and whose application is pending may perform the	1998
activities in division (A) or (B) of section 4729.46 of the	1999
Revised Code under the direct supervision of a pharmacist for a	2000
period of time not exceeding one hundred twenty days.	2001

(B) An individual described in division (A) of this section	2002
must wear a badge or nameplate that clearly identifies the	2003
individual's name when the individual performs the activities in	2004
division (A) or (B) of section 4729.46 of the Revised Code.	2005

(C) Division (A) of this section does not apply to an	2006
individual for whom the state board of pharmacy has finished the	2007
review of the individual's application and refused to grant an	2008
identification card as prescribed under section 4729.16 of the	2009
Revised Code.	2010

Sec. 4729.50.  The state board of pharmacy shall adopt rules	2011
in accordance with Chapter 119. of the Revised Code to do all of	2012
the following:	2013

(A) For purposes of division (B)(4)(b)(ii) of section 4729.42	2014
of the Revised Code, determine the minimum number of hours of	2015
pharmacy technician training an applicant for certification to	2016
work as a pharmacy technician must successfully complete.	2017

(B) For purposes of division (F) of section 4729.44 of the	2018
Revised Code, specify the additional requirements an individual	2019
must meet to renew an identification card and certificate to work	2020
as a pharmacy technician that has lapsed for more than three years	2021
after expiration.	2022

(C) For purposes of divisions (A) and (B) of section 4729.46	2023
of the Revised Code, establish all of the following:	2024

(1) Procedures pharmacy technicians must follow when	2025
dispensing prescriptions and compounding drugs under a	2026
pharmacist's supervision;	2027

(2) Any activities in addition to those specified in division	2028
(A) of section 4729.46 of the Revised Code that a pharmacy	2029
technician may perform that are for the purpose of assisting a	2030
pharmacist or pharmacy intern;	2031

(3) Any duties in addition to those specified in division (B)	2032
of section 4729.46 of the Revised Code that a pharmacy technician	2033
may perform while working in a nursing home, residential care	2034
facility, or hospital.	2035

(D) For purposes of division (B) of section 4729.47 of the	2036
Revised Code, specify the number of pharmacy technicians beyond	2037
three who may be supervised by a pharmacist during a work shift in	2038
various work settings, including retail pharmacies, hospitals,	2039
clinics, nursing homes, and residential care facilities. In	2040
adopting such rules, the board is not limited to specifying a	2041
uniform number for all settings but may specify different numbers	2042
for each setting as determined appropriate by the board.	2043

Sec. 4729.55.  No license shall be issued to an applicant for	2044
licensure as a terminal distributor of dangerous drugs unless the	2045
applicant has furnished satisfactory proof to the state board of	2046
pharmacy that:	2047

(A) The applicant is equipped as to land, buildings, and	2048
equipment to properly carry on the business of a terminal	2049
distributor of dangerous drugs within the category of licensure	2050
approved by the board.	2051

(B) A pharmacist, licensed health professional authorized to	2052
prescribe drugs, animal shelter licensed with the state board of	2053
pharmacy under section 4729.531 of the Revised Code, or a	2054
laboratory as defined in section 3719.01 of the Revised Code will	2055
maintain supervision and control over the possession and custody	2056
of dangerous drugs that may be acquired by or on behalf of the	2057
applicant.	2058

(C) Adequate safeguards are assured to prevent the sale or	2059
other distribution of dangerous drugs by any person other than a	2060
pharmacist or licensed health professional authorized to prescribe	2061
drugs.	2062

(D) Adequate safeguards are assured that the applicant will	2063
carry on the business of a terminal distributor of dangerous drugs	2064
in a manner that allows pharmacists and, pharmacy interns, and	2065
pharmacy technicians employed by the terminal distributor to	2066
practice pharmacy or work as pharmacy technicians in a safe and	2067
effective manner.	2068

(E) If the applicant, or any agent or employee of the	2069
applicant, has been found guilty of violating section 4729.51 of	2070
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	2071
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	2072
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	2073
or any rule of the board, adequate safeguards are assured to	2074
prevent the recurrence of the violation.	2075

(F) In the case of an applicant who is a food processor or	2076
retail seller of food, the applicant will maintain supervision and	2077
control over the possession and custody of nitrous oxide.	2078

(G) In the case of an applicant who is a retail seller of	2079
oxygen in original packages labeled as required by the "Federal	2080
Food, Drug, and Cosmetic Act," the applicant will maintain	2081
supervision and control over the possession, custody, and retail	2082
sale of the oxygen.	2083

(H) If the application is made on behalf of an animal	2084
shelter, at least one of the agents or employees of the animal	2085
shelter is certified in compliance with section 4729.532 of the	2086
Revised Code.	2087

(I) In the case of an applicant who is a retail seller of	2088
peritoneal dialysis solutions in original packages labeled as	2089
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	2090
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	2091
supervision and control over the possession, custody, and retail	2092
sale of the peritoneal dialysis solutions.	2093

Sec. 4729.67.  On receipt of a notice pursuant to section	2094
3123.43 of the Revised Code, the state board of pharmacy shall	2095
comply with sections 3123.41 to 3123.50 of the Revised Code and	2096
any applicable rules adopted under section 3123.63 of the Revised	2097
Code with respect to a license, certificate, identification card,	2098
or certificate of registration issued pursuant to this chapter.	2099

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	2100
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	2101
Code is guilty of a minor misdemeanor. Each day's violation	2102
constitutes a separate offense.	2103

(B) Whoever violates section 4729.27, 4729.28, or 4729.36, or	2104
4729.48 of the Revised Code is guilty of a misdemeanor of the	2105
third degree. Each day's violation constitutes a separate offense.	2106
If the offender previously has been convicted of or pleaded guilty	2107
to a violation of this chapter, that person is guilty of a	2108
misdemeanor of the second degree.	2109

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	2110
the Revised Code is guilty of a misdemeanor.	2111

(D) Whoever violates division (A), (B), (D), or (E) of	2112
section 4729.51 of the Revised Code is guilty of a misdemeanor of	2113
the first degree.	2114

(E)(1) Whoever violates section 4729.37, division (C)(2) of	2115
section 4729.51, division (J) of section 4729.54, or section	2116
4729.61 of the Revised Code is guilty of a felony of the fifth	2117
degree. If the offender previously has been convicted of or	2118
pleaded guilty to a violation of this chapter or a violation of	2119
Chapter 2925. or 3719. of the Revised Code, that person is guilty	2120
of a felony of the fourth degree.	2121

(2) If an offender is convicted of or pleads guilty to a	2122
violation of section 4729.37, division (C) of section 4729.51,	2123
division (J) of section 4729.54, or section 4729.61 of the Revised	2124
Code, if the violation involves the sale, offer to sell, or	2125
possession of a schedule I or II controlled substance, with the	2126
exception of marihuana, and if the court imposing sentence upon	2127
the offender finds that the offender as a result of the violation	2128
is a major drug offender, as defined in section 2929.01 of the	2129
Revised Code, and is guilty of a specification of the type	2130
described in section 2941.1410 of the Revised Code, the court, in	2131
lieu of the prison term authorized or required by division (E)(1)	2132
of this section and sections 2929.13 and 2929.14 of the Revised	2133
Code and in addition to any other sanction imposed for the offense	2134
under sections 2929.11 to 2929.18 of the Revised Code, shall	2135
impose upon the offender, in accordance with division (D)(3)(a) of	2136
section 2929.14 of the Revised Code, the mandatory prison term	2137
specified in that division and may impose an additional prison	2138
term under division (D)(3)(b) of that section.	2139

(3) Notwithstanding any contrary provision of section 3719.21	2140
of the Revised Code, the clerk of court shall pay any fine imposed	2141
for a violation of section 4729.37, division (C) of section	2142
4729.51, division (J) of section 4729.54, or section 4729.61 of	2143
the Revised Code pursuant to division (A) of section 2929.18 of	2144
the Revised Code in accordance with and subject to the	2145
requirements of division (F) of section 2925.03 of the Revised	2146
Code. The agency that receives the fine shall use the fine as	2147
specified in division (F) of section 2925.03 of the Revised Code.	2148

(F) Whoever violates section 4729.531 of the Revised Code or	2149
any rule adopted thereunder or section 4729.532 of the Revised	2150
Code is guilty of a misdemeanor of the first degree.	2151

(G) Whoever violates division (C)(1) of section 4729.51 of	2152
the Revised Code is guilty of a felony of the fourth degree. If	2153
the offender has previously been convicted of or pleaded guilty to	2154
a violation of this chapter, or of a violation of Chapter 2925. or	2155
3719. of the Revised Code, that person is guilty of a felony of	2156
the third degree.	2157

(H) Whoever violates division (C)(3) of section 4729.51 of	2158
the Revised Code is guilty of a misdemeanor of the first degree.	2159
If the offender has previously been convicted of or pleaded guilty	2160
to a violation of this chapter, or of a violation of Chapter 2925.	2161
or 3719. of the Revised Code, that person is guilty of a felony of	2162
the fifth degree.	2163

Section 2.  That existing sections 2305.234, 2925.01,	2164
2925.09, 3715.01, 3715.64, 3719.01, 3719.12, 3719.121, 4303.34,	2165
4729.01, 4729.06, 4729.15, 4729.16, 4729.18, 4729.26, 4729.28,	2166
4729.38, 4729.55, 4729.67, and 4729.99 of the Revised Code are	2167
hereby repealed.	2168