As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
Sub. S. B. No. 203


Senator Grendell 

Cosponsors: Senators Padgett, Cates, Faber, Fedor, Goodman, Harris, Mason, Miller, D., Miller, R., Morano, Mumper, Niehaus, Sawyer, Schaffer, Stivers, Wagoner, Wilson, Boccieri, Spada, Austria 

A BILL
To amend sections 3719.21, 4729.99, 4776.02, and 1
4776.04 and to enact section 4729.42 of the 2
Revised Code to prohibit unauthorized 3
pharmacy-related drug conduct relative to persons 4
employed as pharmacy technicians.5


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

       Section 1. That sections 3719.21, 4729.99, 4776.02, and 6
4776.04 be amended and section 4729.42 of the Revised Code be 7
enacted to read as follows:8

       Sec. 3719.21. Except as provided in division (C) of section9
2923.42, division (B) of section 2923.44, divisions (D)(1), (F), 10
and (H) of section 2925.03, division (D)(1) of section 2925.02, 11
2925.04, or 2925.05, division (E)(1) of section 2925.11, division 12
(F) of section 2925.13, division (F) of section 2925.36, division13
(D) of section 2925.22, division (H) of section 2925.23, division 14
(M) of section 2925.37, division (B) of section 2925.42, division15
(B) of section 2929.18, division (D) of section 3719.99, division 16
(B)(1) of section 4729.65, and division (E)(3) of section 17
4729.99, and division (I)(3) of section 4729.99 of the Revised 18
Code, the clerk of the court shall pay all fines or forfeited 19
bail assessed and collected under prosecutions or prosecutions 20
commenced for violations of this chapter, section 2923.42 of the 21
Revised Code, or Chapter 2925. of the Revised Code, within 22
thirty days, to the executive director of the state board of 23
pharmacy, and the executive director shall deposit the fines 24
into the state treasury to the credit of the occupational 25
licensing and regulatory fund.26

       Sec. 4729.42.  (A) As used in this section, "qualified 27
pharmacy technician" means a person who is under the personal 28
supervision of a pharmacist and to whom all of the following 29
apply:30

       (1) The person is eighteen years of age or older.31

       (2) The person possesses a high school diploma, possesses a 32
certificate of high school equivalence, or was employed prior to 33
the effective date of this section as a pharmacy technician 34
without a high school diploma or a certificate of high school 35
equivalence.36

       (3) The person has passed an examination approved by the 37
state board of pharmacy to determine a person's competency to 38
perform services as a pharmacy technician.39

       (4) Except as otherwise provided in this section, the person 40
has submitted to a criminal records check in accordance with 41
section 4776.02 of the Revised Code as if the person was an 42
applicant for an initial license who is subject to that section, 43
and the results of the criminal records check do not show that 44
the person previously has been convicted of or pleaded guilty to 45
any felony in this state, any other state, or the United States.46

       (B) Except as provided in division (E) of this section, no 47
person who is not a pharmacist, pharmacy intern, or qualified 48
pharmacy technician shall do any of the following in a pharmacy 49
or while performing a function of a pharmacy:50

       (1) Engage in the compounding of any drug;51

       (2) Package or label any drug;52

       (3) Prepare or mix any intravenous drug to be injected into 53
a human being.54

       (C) No pharmacist shall allow any person employed or 55
otherwise under the control of the pharmacist to violate division 56
(B) of this section.57

       (D) No person who owns, manages, or conducts a pharmacy shall 58
allow any person employed or otherwise under the control of the 59
person who owns, manages, or conducts the pharmacy to violate 60
division (B) of this section.61

       (E)(1) Division (B) of this section does not prohibit a 62
health care professional authorized to engage in the activities 63
specified in division (B)(1), (2), or (3) of this section while 64
acting in the course of the professional's practice.65

       (2) Division (B) of this section does not prohibit the 66
activities performed by a student as an integral part of a 67
pharmacy technician training program that is operated by a 68
vocational school district or joint vocational school district, 69
certified by the department of education, or approved by the Ohio 70
board of regents.71

       (3) In the case of a person employed after the effective date 72
of this section, division (B) of this section does not prohibit 73
the person's activities for the first two hundred ten days 74
following the initial date of employment, if both of the following 75
apply:76

       (a) The person is participating in or has completed a 77
pharmacy technician training program that meets the board's 78
standards for those programs and is making substantial progress 79
in preparation to take a pharmacy technician examination approved 80
by the board.81

       (b) The results of the person's criminal records check show 82
that the person previously has not been convicted of or has not 83
pleaded guilty to any felony in this state, any other state, or 84
the United States.85

       (4) In the case of a person who completes a pharmacy 86
technician training program that is operated by a vocational 87
school district or joint vocational school district, division (B) 88
of this section does not prohibit the person's activities for the 89
first two hundred ten days following the date of completing the 90
program, if both of the following apply:91

       (a) The person is making substantial progress in preparation 92
to take a pharmacy technician examination approved by the board.93

       (b) The results of the person's criminal records check show 94
that the person previously has not been convicted of or has not 95
pleaded guilty to any felony in this state, any other state, or 96
the United States.97

       (5) In the case of a person employed on the effective date of 98
this section in the capacity of a pharmacy technician, division 99
(B) of this section does not do either of the following:100

       (a) Require the person to undergo a criminal records check if 101
the person has been employed for five years or longer;102

       (b) Prohibit the person's activities until the earlier of 103
one of the following:104

       (i) One year after the effective date of this section;105

       (ii) The date on which the person receives notice of the 106
results of a pharmacy technician examination approved by the 107
board;108

       (iii) If a criminal records check is required because the 109
person has not been employed for five years or longer, the date on 110
which the person and the employer receive the results of a 111
criminal records check that show the person previously has been 112
convicted of or pleaded guilty to any felony in this state, any 113
other state, or the United States.114

       Sec. 4729.99.  (A) Whoever violates section 4729.16, division 115
(A) or (B) of section 4729.38, or section 4729.57 of the Revised 116
Code is guilty of a minor misdemeanor. Each day's violation 117
constitutes a separate offense.118

       (B) Whoever violates section 4729.27, 4729.28, or 4729.36 of 119
the Revised Code is guilty of a misdemeanor of the third degree. 120
Each day's violation constitutes a separate offense. If the 121
offender previously has been convicted of or pleaded guilty to a122
violation of this chapter, that person is guilty of a misdemeanor 123
of the second degree.124

       (C) Whoever violates section 4729.32, 4729.33, or 4729.34 of 125
the Revised Code is guilty of a misdemeanor.126

       (D) Whoever violates division (A), (B), (D), or (E) of127
section 4729.51 of the Revised Code is guilty of a misdemeanor of128
the first degree.129

       (E)(1) Whoever violates section 4729.37, division (C)(2) of130
section 4729.51, division (J) of section 4729.54, or section131
4729.61 of the Revised Code is guilty of a felony of the fifth 132
degree. If the offender previously has been convicted of or133
pleaded guilty to a violation of this chapter or a violation of134
Chapter 2925. or 3719. of the Revised Code, that person is guilty 135
of a felony of the fourth degree.136

       (2) If an offender is convicted of or pleads guilty to a137
violation of section 4729.37, division (C) of section 4729.51,138
division (J) of section 4729.54, or section 4729.61 of the Revised 139
Code, if the violation involves the sale, offer to sell, or 140
possession of a schedule I or II controlled substance, with the 141
exception of marihuana, and if the court imposing sentence upon 142
the offender finds that the offender as a result of the violation 143
is a major drug offender, as defined in section 2929.01 of the 144
Revised Code, and is guilty of a specification of the type 145
described in section 2941.1410 of the Revised Code, the court, in146
lieu of the prison term authorized or required by division (E)(1) 147
of this section and sections 2929.13 and 2929.14 of the Revised148
Code and in addition to any other sanction imposed for the offense149
under sections 2929.11 to 2929.18 of the Revised Code, shall 150
impose upon the offender, in accordance with division (D)(3)(a) of 151
section 2929.14 of the Revised Code, the mandatory prison term 152
specified in that division and may impose an additional prison 153
term under division (D)(3)(b) of that section.154

       (3) Notwithstanding any contrary provision of section 3719.21155
of the Revised Code, the clerk of court shall pay any fine imposed 156
for a violation of section 4729.37, division (C) of section 157
4729.51, division (J) of section 4729.54, or section 4729.61 of 158
the Revised Code pursuant to division (A) of section 2929.18 of 159
the Revised Code in accordance with and subject to the 160
requirements of division (F) of section 2925.03 of the Revised 161
Code. The agency that receives the fine shall use the fine as 162
specified in division (F) of section 2925.03 of the Revised Code.163

       (F) Whoever violates section 4729.531 of the Revised Code or 164
any rule adopted thereunder or section 4729.532 of the Revised165
Code is guilty of a misdemeanor of the first degree.166

       (G) Whoever violates division (C)(1) of section 4729.51 of 167
the Revised Code is guilty of a felony of the fourth degree. If 168
the offender has previously been convicted of or pleaded guilty to 169
a violation of this chapter, or of a violation of Chapter 2925. or 170
3719. of the Revised Code, that person is guilty of a felony of 171
the third degree.172

       (H) Whoever violates division (C)(3) of section 4729.51 of 173
the Revised Code is guilty of a misdemeanor of the first degree. 174
If the offender has previously been convicted of or pleaded guilty175
to a violation of this chapter, or of a violation of Chapter 2925. 176
or 3719. of the Revised Code, that person is guilty of a felony of177
the fifth degree.178

       (I)(1) Whoever violates division (B) of section 4729.42 of 179
the Revised Code is guilty of unauthorized pharmacy-related drug 180
conduct. Except as otherwise provided in this section, 181
unauthorized pharmacy-related drug conduct is a misdemeanor of 182
the second degree. If the offender previously has been convicted 183
of or pleaded guilty to a violation of division (B), (C), or (D) 184
of that section, unauthorized pharmacy-related drug conduct is a 185
misdemeanor of the first degree on a second offense and a felony186
of the fifth degree on a third or subsequent offense.187

       (2) Whoever violates division (C) or (D) of section 4729.42 188
of the Revised Code is guilty of permitting unauthorized 189
pharmacy-related drug conduct. Except as otherwise provided in 190
this section, permitting unauthorized pharmacy-related drug 191
conduct is a misdemeanor of the second degree. If the offender 192
previously has been convicted of or pleaded guilty to a violation 193
of division (B), (C), or (D) of that section, permitting 194
unauthorized pharmacy-related drug conduct is a misdemeanor of 195
the first degree on a second offense and a felony of the fifth 196
degree on a third or subsequent offense.197

       (3) Notwithstanding any contrary provision of section 198
3719.21 of the Revised Code or any other provision of law that 199
governs the distribution of fines, the clerk of the court shall 200
pay any fine imposed pursuant to division (I)(1) or (2) of this 201
section to the state board of pharmacy if the board has adopted a 202
written internal control policy under division (F)(2) of section 203
2925.03 of the Revised Code that addresses fine moneys that it 204
receives under Chapter 2925. of the Revised Code and if the 205
policy also addresses fine moneys paid under this division. The 206
state board of pharmacy shall use the fines so paid in accordance 207
with the written internal control policy to subsidize the board's 208
law enforcement efforts that pertain to drug offenses.209

       Sec. 4776.02. (A) An applicant for an initial license or 210
restored license from a licensing agency, or a person seeking to 211
satisfy the criteria for being a qualified pharmacy technician 212
that are specified in section 4729.42 of the Revised Code, shall 213
submit a request to the bureau of criminal identification and 214
investigation for a criminal records check of the applicant or 215
person. The request shall be accompanied by a completed copy of 216
the form prescribed under division (C)(1) of section 109.572 of 217
the Revised Code, a set of fingerprint impressions obtained as 218
described in division (C)(2) of that section, and the fee 219
prescribed under division (C)(3) of that section. The applicant 220
or person shall ask the superintendent of the bureau of criminal 221
identification and investigation in the request to obtain from 222
the federal bureau of investigation any information it has 223
pertaining to the applicant or person.224

       An applicant or person requesting a criminal records check 225
shall provide the bureau of criminal identification and 226
investigation with the applicant's or person's name and address 227
and, regarding an applicant, with the licensing agency's name and 228
address.229

       (B) Upon receipt of the completed form, the set of 230
fingerprint impressions, and the fee provided for in division (A) 231
of this section, the superintendent shall conduct a criminal 232
records check of the applicant or person under division (B) of 233
section 109.572 of the Revised Code. Upon completion of the 234
criminal records check, the superintendent shall report the 235
results of the criminal records check and any information the 236
federal bureau of investigation provides to whichever of the 237
following is applicable:238

       (1) If the request was submitted by an applicant for an 239
initial license or restored license, to the licensing agency 240
identified in the request for a criminal records check;241

       (2) If the request was submitted by a person seeking to 242
satisfy the criteria for being a qualified pharmacy technician 243
that are specified in section 4729.42 of the Revised Code, to the 244
person who submitted the request and to the employer or potential 245
employer specified in the request.246

       Sec. 4776.04. The results of any criminal records check 247
conducted pursuant to a request made under this chapter and any 248
report containing those results, including any information the 249
federal bureau of investigation provides, are not public records 250
for purposes of section 149.43 of the Revised Code and shall not 251
be made available to any person or for any purpose other than as 252
follows:253

       (A) If the request for the criminal records check was 254
submitted by an applicant for an initial license or restored 255
license, as follows:256

       (1) The superintendent of the bureau of criminal 257
identification and investigation shall make the results available 258
to the licensing agency for use in determining, under the agency's 259
authorizing chapter of the Revised Code, whether the applicant who 260
is the subject of the criminal records check should be granted a 261
license under that chapter.262

       (B)(2) The licensing agency shall make the results available 263
to the applicant who is the subject of the criminal records check 264
or to the applicant's representative.265

       (B) If the request for the criminal records check was 266
submitted by a person seeking to satisfy the criteria for being a 267
qualified pharmacy technician that are specified in section 268
4729.42 of the Revised Code, the superintendent of the bureau of 269
criminal identification and investigation shall make the results 270
available to both of the following:271

       (1) The person who submitted the request and is the subject 272
of the criminal records check;273

       (2) The employer or potential employer specified in the 274
request.275

       Section 2.  That existing sections 3719.21, 4729.99, 4776.02, 276
and 4776.04 of the Revised Code are hereby repealed.277