As Reported by the House Health Committee

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 

Representative Hagan, R. 

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
either of the following:104

       (i) If the person has not passed an examination described in 105
division (A)(3) of this section, one year after the effective date 106
of this section;107

       (ii) If a criminal records check is required because the 108
person has not been employed for five years or longer, the date on 109
which the person and the employer receive the results of a 110
criminal records check that show the person previously has been 111
convicted of or pleaded guilty to any felony in this state, any 112
other state, or the United States.113

       Sec. 4729.99.  (A) Whoever violates section 4729.16, division 114
(A) or (B) of section 4729.38, or section 4729.57 of the Revised 115
Code is guilty of a minor misdemeanor. Each day's violation 116
constitutes a separate offense.117

       (B) Whoever violates section 4729.27, 4729.28, or 4729.36 of 118
the Revised Code is guilty of a misdemeanor of the third degree. 119
Each day's violation constitutes a separate offense. If the 120
offender previously has been convicted of or pleaded guilty to a121
violation of this chapter, that person is guilty of a misdemeanor 122
of the second degree.123

       (C) Whoever violates section 4729.32, 4729.33, or 4729.34 of 124
the Revised Code is guilty of a misdemeanor.125

       (D) Whoever violates division (A), (B), (D), or (E) of126
section 4729.51 of the Revised Code is guilty of a misdemeanor of127
the first degree.128

       (E)(1) Whoever violates section 4729.37, division (C)(2) of129
section 4729.51, division (J) of section 4729.54, or section130
4729.61 of the Revised Code is guilty of a felony of the fifth 131
degree. If the offender previously has been convicted of or132
pleaded guilty to a violation of this chapter or a violation of133
Chapter 2925. or 3719. of the Revised Code, that person is guilty 134
of a felony of the fourth degree.135

       (2) If an offender is convicted of or pleads guilty to a136
violation of section 4729.37, division (C) of section 4729.51,137
division (J) of section 4729.54, or section 4729.61 of the Revised 138
Code, if the violation involves the sale, offer to sell, or 139
possession of a schedule I or II controlled substance, with the 140
exception of marihuana, and if the court imposing sentence upon 141
the offender finds that the offender as a result of the violation 142
is a major drug offender, as defined in section 2929.01 of the 143
Revised Code, and is guilty of a specification of the type 144
described in section 2941.1410 of the Revised Code, the court, in145
lieu of the prison term authorized or required by division (E)(1) 146
of this section and sections 2929.13 and 2929.14 of the Revised147
Code and in addition to any other sanction imposed for the offense148
under sections 2929.11 to 2929.18 of the Revised Code, shall 149
impose upon the offender, in accordance with division (D)(3)(a) of 150
section 2929.14 of the Revised Code, the mandatory prison term 151
specified in that division and may impose an additional prison 152
term under division (D)(3)(b) of that section.153

       (3) Notwithstanding any contrary provision of section 3719.21154
of the Revised Code, the clerk of court shall pay any fine imposed 155
for a violation of section 4729.37, division (C) of section 156
4729.51, division (J) of section 4729.54, or section 4729.61 of 157
the Revised Code pursuant to division (A) of section 2929.18 of 158
the Revised Code in accordance with and subject to the 159
requirements of division (F) of section 2925.03 of the Revised 160
Code. The agency that receives the fine shall use the fine as 161
specified in division (F) of section 2925.03 of the Revised Code.162

       (F) Whoever violates section 4729.531 of the Revised Code or 163
any rule adopted thereunder or section 4729.532 of the Revised164
Code is guilty of a misdemeanor of the first degree.165

       (G) Whoever violates division (C)(1) of section 4729.51 of 166
the Revised Code is guilty of a felony of the fourth degree. If 167
the offender has previously been convicted of or pleaded guilty to 168
a violation of this chapter, or of a violation of Chapter 2925. or 169
3719. of the Revised Code, that person is guilty of a felony of 170
the third degree.171

       (H) Whoever violates division (C)(3) of section 4729.51 of 172
the Revised Code is guilty of a misdemeanor of the first degree. 173
If the offender has previously been convicted of or pleaded guilty174
to a violation of this chapter, or of a violation of Chapter 2925. 175
or 3719. of the Revised Code, that person is guilty of a felony of176
the fifth degree.177

       (I)(1) Whoever violates division (B) of section 4729.42 of 178
the Revised Code is guilty of unauthorized pharmacy-related drug 179
conduct. Except as otherwise provided in this section, 180
unauthorized pharmacy-related drug conduct is a misdemeanor of 181
the second degree. If the offender previously has been convicted 182
of or pleaded guilty to a violation of division (B), (C), or (D) 183
of that section, unauthorized pharmacy-related drug conduct is a 184
misdemeanor of the first degree on a second offense and a felony185
of the fifth degree on a third or subsequent offense.186

       (2) Whoever violates division (C) or (D) of section 4729.42 187
of the Revised Code is guilty of permitting unauthorized 188
pharmacy-related drug conduct. Except as otherwise provided in 189
this section, permitting unauthorized pharmacy-related drug 190
conduct is a misdemeanor of the second degree. If the offender 191
previously has been convicted of or pleaded guilty to a violation 192
of division (B), (C), or (D) of that section, permitting 193
unauthorized pharmacy-related drug conduct is a misdemeanor of 194
the first degree on a second offense and a felony of the fifth 195
degree on a third or subsequent offense.196

       (3) Notwithstanding any contrary provision of section 197
3719.21 of the Revised Code or any other provision of law that 198
governs the distribution of fines, the clerk of the court shall 199
pay any fine imposed pursuant to division (I)(1) or (2) of this 200
section to the state board of pharmacy if the board has adopted a 201
written internal control policy under division (F)(2) of section 202
2925.03 of the Revised Code that addresses fine moneys that it 203
receives under Chapter 2925. of the Revised Code and if the 204
policy also addresses fine moneys paid under this division. The 205
state board of pharmacy shall use the fines so paid in accordance 206
with the written internal control policy to subsidize the board's 207
law enforcement efforts that pertain to drug offenses.208

       Sec. 4776.02. (A) An applicant for an initial license or 209
restored license from a licensing agency, or a person seeking to 210
satisfy the criteria for being a qualified pharmacy technician 211
that are specified in section 4729.42 of the Revised Code, shall 212
submit a request to the bureau of criminal identification and 213
investigation for a criminal records check of the applicant or 214
person. The request shall be accompanied by a completed copy of 215
the form prescribed under division (C)(1) of section 109.572 of 216
the Revised Code, a set of fingerprint impressions obtained as 217
described in division (C)(2) of that section, and the fee 218
prescribed under division (C)(3) of that section. The applicant 219
or person shall ask the superintendent of the bureau of criminal 220
identification and investigation in the request to obtain from 221
the federal bureau of investigation any information it has 222
pertaining to the applicant or person.223

       An applicant or person requesting a criminal records check 224
shall provide the bureau of criminal identification and 225
investigation with the applicant's or person's name and address 226
and, regarding an applicant, with the licensing agency's name and 227
address.228

       (B) Upon receipt of the completed form, the set of 229
fingerprint impressions, and the fee provided for in division (A) 230
of this section, the superintendent shall conduct a criminal 231
records check of the applicant or person under division (B) of 232
section 109.572 of the Revised Code. Upon completion of the 233
criminal records check, the superintendent shall report the 234
results of the criminal records check and any information the 235
federal bureau of investigation provides to whichever of the 236
following is applicable:237

       (1) If the request was submitted by an applicant for an 238
initial license or restored license, to the licensing agency 239
identified in the request for a criminal records check;240

       (2) If the request was submitted by a person seeking to 241
satisfy the criteria for being a qualified pharmacy technician 242
that are specified in section 4729.42 of the Revised Code, to the 243
person who submitted the request and to the employer or potential 244
employer specified in the request.245

       Sec. 4776.04. The results of any criminal records check 246
conducted pursuant to a request made under this chapter and any 247
report containing those results, including any information the 248
federal bureau of investigation provides, are not public records 249
for purposes of section 149.43 of the Revised Code and shall not 250
be made available to any person or for any purpose other than as 251
follows:252

       (A) If the request for the criminal records check was 253
submitted by an applicant for an initial license or restored 254
license, as follows:255

       (1) The superintendent of the bureau of criminal 256
identification and investigation shall make the results available 257
to the licensing agency for use in determining, under the agency's 258
authorizing chapter of the Revised Code, whether the applicant who 259
is the subject of the criminal records check should be granted a 260
license under that chapter.261

       (B)(2) The licensing agency shall make the results available 262
to the applicant who is the subject of the criminal records check 263
or to the applicant's representative.264

       (B) If the request for the criminal records check was 265
submitted by a person seeking to satisfy the criteria for being a 266
qualified pharmacy technician that are specified in section 267
4729.42 of the Revised Code, the superintendent of the bureau of 268
criminal identification and investigation shall make the results 269
available to both of the following:270

       (1) The person who submitted the request and is the subject 271
of the criminal records check;272

       (2) The employer or potential employer specified in the 273
request.274

       Section 2.  That existing sections 3719.21, 4729.99, 4776.02, 275
and 4776.04 of the Revised Code are hereby repealed.276