As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 334

Representatives Johnson, Bubp 

Cosponsors: Representatives Amstutz, Barnes, Buchy, Butler, Fende, Goodwin, Gonzales, Kozlowski, O'Brien, Peterson, Rosenberger, Stebelton, Uecker, Wachtmann, Yuko 

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A BILL

To amend sections 2925.55, 2925.56, 2925.57, and

1

3715.05 and to enact sections 109.88, 3715.051,

2

3715.052, and 3715.053 of the Revised Code

3

regarding the participation of pharmacies,

4

retailers, and the Attorney General in

5

electronically tracking pseudoephedrine and

6

ephedrine product sales through a national

7

exchange.

8

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

Section 1. That sections 2925.55, 2925.56, 2925.57, and	9
3715.05 be amended and sections 109.88, 3715.051, 3715.052, and	10
3715.053 of the Revised Code be enacted to read as follows:	11

Sec. 109.88. (A) As used in this section, "pseudoephedrine	12
product," "ephedrine product," "national precursor log exchange,"	13
and "exchange" have the same meanings as in section 3715.05 of the	14
Revised Code.	15

(B) The attorney general may enter into a contract with the	16
national association of drug diversion investigators or its	17
successor organization and, if the attorney general determines it	18
to be appropriate, a person to whom the authority to administer	19
the national precursor log exchange has been delegated.	20

(C) If the attorney general enters into a contract authorized	21
by this section, the contract shall govern the attorney general's	22
access to, and use of information from, the exchange and the	23
responsibilities of each party to the contract relative to such	24
access and use.	25

(D) In furtherance of the contract's purpose as described in	26
division (C) of this section, the contract shall include terms	27
that do all of the following:	28

(1) Authorize the attorney general to obtain real-time access	29
to information from the national precursor log exchange;	30

(2) Authorize the attorney general to receive, on a weekly	31
basis, a report regarding pseudoephedrine product and ephedrine	32
product sales transactions made in this state as monitored by the	33
exchange, the specific content of which shall be identified in the	34
contract;	35

(3) Authorize the attorney general to disseminate any	36
information obtained pursuant to division (A)(1) or (2) of this	37
section to other state and local law enforcement officers as	38
determined to be appropriate by the attorney general;	39

(4) Specify that neither the attorney general nor any local	40
or state law enforcement officer is to be charged a fee for access	41
to, or use of, the national precursor log exchange or information	42
from the exchange authorized by this section or the contract;	43

(5) Require all parties to the contract to comply with	44
federal and state laws governing the confidentiality of	45
patient-specific information;	46

(6) Specify how the contract may be amended or revoked.

47

Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of	48
the Revised Code:	49

(1) "Consumer product" means any food or drink that is	50
consumed or used by humans and any drug, including a drug that may	51
be provided legally only pursuant to a prescription, that is	52
intended to be consumed or used by humans.	53

(2) "Terminal distributor of dangerous drugs" has the same	54
meaning as in section 4729.01 of the Revised Code.	55

(3) "Pseudoephedrine" means any material, compound, mixture,	56
or preparation that contains any quantity of pseudoephedrine, any	57
of its salts, optical isomers, or salts of optical isomers.	58

(4) "Pseudoephedrine product" means a consumer product	59
consisting of a single-ingredient preparation ofthat contains	60
pseudoephedrine in which pseudoephedrine is the active	61
ingredient. "Pseudoephedrine product" does not include either of	62
the following:	63

(a) A consumer product containing pseudoephedrine that is in	64
a liquid, liquid capsule, or gel capsule form;	65

(b) A consumer product primarily intended for administration	66
to children under twelve years of age, according to the label	67
instructions, in solid dosage form, including chewable tablets,	68
when individual dosage units do not exceed fifteen milligrams of	69
pseudoephedrine.	70

(5) "Retailer" means a place of business that offers consumer	71
products for sale to the general public.	72

(6) "Single-ingredient preparation" means a compound,	73
mixture, preparation, or substance that contains a single active	74
ingredient.	75

(7) "Ephedrine" means any material, compound, mixture, or	76
preparation that contains any quantity of ephedrine, any of its	77
salts, optical isomers, or salts of optical isomers.	78

(8) "Ephedrine product" means a consumer product that	79
contains ephedrine.	80

(B)(1) No individual shall knowingly purchase, receive, or	81
otherwise acquire more than nine grams of anyan amount of	82
pseudoephedrine product within a period of thirty consecutive	83
days,or ephedrine product that is greater than either of the	84
following unless the pseudoephedrine product or ephedrine product	85
is dispensed by a pharmacist pursuant to a valid prescription	86
issued by a licensed health professional authorized to prescribe	87
drugs and the conduct of the pharmacist and the licensed health	88
professional authorized to prescribe drugs is in accordance with	89
Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the	90
Revised Code:	91

(a) Three and six tenths grams within a period of a single	92
day;	93

(b) Nine grams within a period of thirty consecutive days.

94

The limits specified in divisions (B)(1)(a) and (b) of this	95
section apply to the total amount of base pseudoephedrine or base	96
ephedrine in the pseudoephedrine product or ephedrine product,	97
respectively, and not the product's overall weight.	98

(2) It is not a violation of division (B)(1) of this section	99
for an individual to receive or accept more than nine grams of any	100
an amount of pseudoephedrine product within a period of thirty	101
consecutive daysor ephedrine product specified in division	102
(B)(1)(a) or (b) of this section if the individual is an employee	103
of a retailer or terminal distributor of dangerous drugs, and the	104
employee receives or accepts from the retailer or terminal	105
distributor of dangerous drugs the pseudoephedrine product or	106
ephedrine product in a sealed container in connection with	107
manufacturing, warehousing, placement, stocking, bagging, loading,	108
or unloading of the product.	109

(C)(1) No individual under eighteen years of age shall	110
knowingly purchase, receive, or otherwise acquire a	111
pseudoephedrine product,or ephedrine product unless the	112
pseudoephedrine product or ephedrine product is dispensed by a	113
pharmacist pursuant to a valid prescription issued by a licensed	114
health professional authorized to prescribe drugs and the conduct	115
of the pharmacist and the licensed health professional authorized	116
to prescribe drugs is in accordance with Chapter 3719., 4715.,	117
4723., 4729., 4730., 4731., or 4741. of the Revised Code.	118

(2) Division (C)(1) of this section does not apply to an	119
individual under eighteen years of age who purchases, receives, or	120
otherwise acquires a pseudoephedrine product or ephedrine product	121
from any of the following:	122

(a) A licensed health professional authorized to prescribe	123
drugs or pharmacist who dispenses, sells, or otherwise provides	124
the pseudoephedrine product or ephedrine product to that	125
individual and whose conduct is in accordance with Chapter 3719.,	126
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;	127

(b) A parent or guardian of that individual who provides the	128
pseudoephedrine product or ephedrine product to the individual;	129

(c) A person, as authorized by that individual's parent or	130
guardian, who dispenses, sells, or otherwise provides the	131
pseudoephedrine product or ephedrine product to the individual;	132

(d) A retailer or terminal distributor of dangerous drugs who	133
provides the pseudoephedrine product or ephedrine product to that	134
individual if the individual is an employee of the retailer or	135
terminal distributor of dangerous drugs and the individual	136
receives or accepts from the retailer or terminal distributor of	137
dangerous drugs the pseudoephedrine product or ephedrine product	138
in a sealed container in connection with manufacturing,	139
warehousing, placement, stocking, bagging, loading, or unloading	140
of the product.	141

(D) No individual under eighteen years of age shall knowingly	142
show or give false information concerning the individual's name,	143
age, or other identification for the purpose of purchasing,	144
receiving, or otherwise acquiring a pseudoephedrine product or	145
ephedrine product.	146

(E) No individual shall knowingly fail to comply with the	147
requirements of division (C)(3)(B) of section 3715.053715.051 of	148
the Revised Code.	149

(F) Whoever violates division (B)(1) of this section is	150
guilty of unlawful purchase of a pseudoephedrine product or	151
ephedrine product, a misdemeanor of the first degree.	152

(G) Whoever violates division (C)(1) of this section is	153
guilty of underage purchase of a pseudoephedrine product or	154
ephedrine product, a delinquent act that would be a misdemeanor of	155
the fourth degree if it could be committed by an adult.	156

(H) Whoever violates division (D) of this section is guilty	157
of using false information to purchase a pseudoephedrine product	158
or ephedrine product, a delinquent act that would be a misdemeanor	159
of the first degree if it could be committed by an adult.	160

(I) Whoever violates division (E) of this section is guilty	161
of improper purchase of a pseudoephedrine product or ephedrine	162
product, a misdemeanor of the fourth degree.	163

Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of	164
this section, no retailer or terminal distributor of dangerous	165
drugs or an employee of a retailer or terminal distributor of	166
dangerous drugs shall knowingly sell, offer to sell, hold for	167
sale, deliver, or otherwise provide to any individual within a	168
period of thirty consecutive days an amount of pseudoephedrine	169
product or ephedrine product that is greater than nine grams	170
either of the following:	171

(a) Three and six tenths grams within a period of a single	172
day;	173

(b) Nine grams within a period of thirty consecutive days.

174

The limits specified in divisions (A)(1)(a) and (b) of this	175
section apply to the total amount of base pseudoephedrine or base	176
ephedrine in the pseudoephedrine product or ephedrine product,	177
respectively, and not the product's overall weight.	178

(2) Division (A)(1) of this section does not apply to any	179
quantity of pseudoephedrine product or ephedrine product dispensed	180
by a pharmacist pursuant to a valid prescription issued by a	181
licensed health professional authorized to prescribe drugs if the	182
conduct of the pharmacist and the licensed health professional	183
authorized to prescribe drugs is in accordance with Chapter 3719.,	184
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.	185

It is not a violation of division (A)(1) of this section for	186
a retailer, terminal distributor of dangerous drugs, or employee	187
of either to provide to an individual more than nine grams of any	188
an amount of pseudoephedrine product within a period of thirty	189
consecutive daysor ephedrine product specified in division	190
(A)(1)(a) or (b) of this section if the individual is an employee	191
of the retailer or terminal distributor of dangerous drugs, and	192
the employee receives or accepts from the retailer, terminal	193
distributor of dangerous drugs, or employee the pseudoephedrine	194
product or ephedrine product in a sealed container in connection	195
with manufacturing, warehousing, placement, stocking, bagging,	196
loading, or unloading of the product.	197

(B)(1) Except as provided in division (B)(2) of this section,	198
no retailer or terminal distributor of dangerous drugs or an	199
employee of a retailer or terminal distributor of dangerous drugs	200
shall sell, offer to sell, hold for sale, deliver, or otherwise	201
provide a pseudoephedrine product or ephedrine product to an	202
individual who is under eighteen years of age.	203

(2) Division (B)(1) of this section does not apply to any of	204
the following:	205

(a) A licensed health professional authorized to prescribe	206
drugs or pharmacist who dispenses, sells, or otherwise provides a	207
pseudoephedrine product or ephedrine product to an individual	208
under eighteen years of age and whose conduct is in accordance	209
with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of	210
the Revised Code;	211

(b) A parent or guardian of an individual under eighteen	212
years of age who provides a pseudoephedrine product or ephedrine	213
product to the individual;	214

(c) A person who, as authorized by the individual's parent or	215
guardian, dispenses, sells, or otherwise provides a	216
pseudoephedrine product or ephedrine product to an individual	217
under eighteen years of age;	218

(d) The provision by a retailer, terminal distributor of	219
dangerous drugs, or employee of either of a pseudoephedrine	220
product or ephedrine product in a sealed container to an employee	221
of the retailer or terminal distributor of dangerous drugs who is	222
under eighteen years of age in connection with manufacturing,	223
warehousing, placement, stocking, bagging, loading, or unloading	224
of the product.	225

(C) No retailer or terminal distributor of dangerous drugs	226
shall fail to comply with the requirements of division (C)(2)(A)	227
of section 3715.053715.051 or division (A)(2) of section 3715.052	228
of the Revised Code.	229

(D) No retailer or terminal distributor of dangerous drugs	230
shall fail to comply with the requirements of division (A)(1) of	231
section 3715.052 of the Revised Code.	232

(E) Whoever violates division (A)(1) of this section is	233
guilty of unlawfully selling a pseudoephedrine product or	234
ephedrine product, a misdemeanor of the first degree.	235

(E)(F) Whoever violates division (B)(1) of this section is	236
guilty of unlawfully selling a pseudoephedrine product or	237
ephedrine product to a minor, a misdemeanor of the fourth degree.	238

(F)(G) Whoever violates division (C) of this section is	239
guilty of improper sale of a pseudoephedrine product or ephedrine	240
product, a misdemeanor of the second degree.	241

(H) Whoever violates division (D) of this section is guilty	242
of failing to submit information to the national precursor log	243
exchange, a misdemeanor for which the offender shall be fined not	244
more than one thousand dollars per violation.	245

Sec. 2925.57. (A) As used in this section and section 2925.58	246
of the Revised Code:	247

(1) "Card holder" means any person who presents a driver's or	248
commercial driver's license or an identification card to a seller,	249
or an agent or employee of a seller, to purchase or receive any	250
pseudoephedrine product or ephedrine product from the seller,	251
agent, or employee.	252

(2) "Identification card" and "transaction scan device" have	253
the same meanings as in section 2927.021 of the Revised Code.	254

(3) "Seller" means a retailer or terminal distributor of	255
dangerous drugs.	256

(4) "Transaction scan" means the process by which a seller or	257
an agent or employee of a seller checks by means of a transaction	258
scan device the validity of a driver's or commercial driver's	259
license or an identification card that is presented as a condition	260
for purchasing or receiving any pseudoephedrine product or	261
ephedrine product.	262

(B)(1) A seller or an agent or employee of a seller may	263
perform a transaction scan by means of a transaction scan device	264
to check the validity of a driver's or commercial driver's license	265
or identification card presented by a card holder as a condition	266
for selling, giving away, or otherwise distributing to the card	267
holder a pseudoephedrine product or ephedrine product.	268

(2) If the information deciphered by the transaction scan	269
performed under division (B)(1) of this section fails to match the	270
information printed on the driver's or commercial driver's license	271
or identification card presented by the card holder, or if the	272
transaction scan indicates that the information so printed is	273
false or fraudulent, neither the seller nor any agent or employee	274
of the seller shall sell, give away, or otherwise distribute any	275
pseudoephedrine product or ephedrine product to the card holder.	276

(3) Division (B)(1) of this section does not preclude a	277
seller or an agent or employee of a seller as a condition for	278
selling, giving away, or otherwise distributing a pseudoephedrine	279
product or ephedrine product to the person presenting the document	280
from using a transaction scan device to check the validity of a	281
document other than a driver's or commercial driver's license or	282
an identification card if the document includes a bar code or	283
magnetic strip that may be scanned by the device.	284

(C) Rules adopted by the registrar of motor vehicles under	285
division (C) of section 4301.61 of the Revised Code apply to the	286
use of transaction scan devices for purposes of this section and	287
section 2925.58 of the Revised Code.	288

(D)(1) No seller or agent or employee of a seller shall	289
electronically or mechanically record or maintain any information	290
derived from a transaction scan, except the following:	291

(a) The name, address, and date of birth of the person listed	292
on the driver's or commercial driver's license or identification	293
card presented by a card holder;	294

(b) The expiration date and, identification number, and	295
issuing agency of the driver's or commercial driver's license or	296
identification card presented by a card holder.	297

(2) No seller or agent or employee of a seller shall use the	298
information that is derived from a transaction scan or that is	299
permitted to be recorded and maintained under division (D)(1) of	300
this section except for purposes of section 2925.58 or division	301
(A)(1) of section 3715.052 of the Revised Code.	302

(3) No seller or agent or employee of a seller shall use a	303
transaction scan device for a purpose other than the purpose	304
specified in division (B)(1) of this section.	305

(4) No seller or agent or employee of a seller shall sell or	306
otherwise disseminate the information derived from a transaction	307
scan to any third party, including, but not limited to, selling or	308
otherwise disseminating that information for any marketing,	309
advertising, or promotional activities, but a seller or agent or	310
employee of a seller may release that information pursuant to a	311
court order or as specifically authorized by section 2925.58 or	312
another section of the Revised Code.	313

(E) Nothing in this section or section 2925.58 of the Revised	314
Code relieves a seller or an agent or employee of a seller of any	315
responsibility to comply with any other applicable state or	316
federal laws or rules governing the sale, giving away, or other	317
distribution of pseudoephedrine products or ephedrine products.	318

(F) Whoever violates division (B)(2) or (D) of this section	319
is guilty of engaging in an illegal pseudoephedrine product or	320
ephedrine product transaction scan, and the court may impose upon	321
the offender a civil penalty of up to one thousand dollars for	322
each violation. The clerk of the court shall pay each collected	323
civil penalty to the county treasurer for deposit into the county	324
treasury.	325

Sec. 3715.05. (A) As used in this section and section	326
sections 3715.051 to 3715.053 and 3715.06 of the Revised Code:	327

(1) "Consumer product" means any food or drink that is	328
consumed or used by humans and any drug, including a drug that may	329
be provided legally only pursuant to a prescription, that is	330
intended to be consumed or used by humans.	331

(2) "Drug," "licensed health professional authorized to	332
prescribe drugs," "pharmacy," "prescriber," "prescription," and	333
"terminal distributor of dangerous drugs" have the same meanings	334
as in section 4729.01 of the Revised Code.	335

(3) "Ephedrine" means any material, compound, mixture, or	336
preparation that contains any quantity of ephedrine, any of its	337
salts, optical isomers, or salts of optical isomers.	338

(4) "Ephedrine product" means a consumer product that	339
contains ephedrine.	340

(5) "Law enforcement official" means an officer or employee	341
of any agency or authority of the United States, a state, a	342
territory, a political subdivision of a state or territory, or an	343
Indian tribe, who is empowered by the law to investigate or	344
conduct an official inquiry into a potential violation of law or	345
prosecute or otherwise conduct a criminal, civil, or	346
administrative proceeding arising from an alleged violation of	347
law.	348

(6) "National precursor log exchange" or "exchange" means the	349
electronic system for tracking sales of pseudoephedrine products	350
and ephedrine products on a national basis that is administered by	351
the national association of drug diversion investigators or a	352
successor organization.	353

(7) "Pharmacist" means a person licensed under Chapter 4729.	354
of the Revised Code to engage in the practice of pharmacy.	355

(4)(8) "Proof of age" means a driver's license, a commercial	356
driver's license, a military identification card, a passport, or	357
an identification card issued under sections 4507.50 to 4507.52 of	358
the Revised Code that shows a person is eighteen years of age or	359
older.	360

(5)(9) "Pseudoephedrine" means any material, compound,	361
mixture, or preparation that contains any quantity of	362
pseudoephedrine, any of its salts, optical isomers, or salts of	363
optical isomers.	364

(6)(10) "Pseudoephedrine product" means a consumer product	365
consisting of a single-ingredient preparation ofthat contains	366
pseudoephedrine in which pseudoephedrine is the active	367
ingredient. "Pseudoephedrine product" does not include either of	368
the following:	369

(a) A consumer product containing pseudoephedrine that is in	370
a liquid, liquid capsule, or gel capsule form;	371

(b) A consumer product primarily intended for administration	372
to children under twelve years of age, according to the label	373
instructions, in solid dosage form, including chewable tablets,	374
when individual dosage units do not exceed fifteen milligrams of	375
pseudoephedrine.	376

(7)(11) "Retailer" means a place of business that offers	377
consumer products for sale to the general public.	378

(8)(12) "Single-ingredient preparation" means a compound,	379
mixture, preparation, or substance that contains a single active	380
ingredient.	381

(9)(13) "Stop-sale alert" means a notification sent from the	382
national precursor log exchange to a retailer or terminal	383
distributor of dangerous drugs indicating that the completion of a	384
sale of a pseudoephedrine product or ephedrine product would	385
result in a violation of division (A)(1) of section 2925.56 of the	386
Revised Code or federal law.	387

(14) "Wholesaler" has the same meaning as in section 3719.01	388
of the Revised Code.	389

(B) A retailer or terminal distributor of dangerous drugs	390
that sells, offers to sell, holds for sale, delivers, or otherwise	391
provides a pseudoephedrine product or ephedrine product to the	392
public shall do all of the following:	393

(1) Segregate pseudoephedrine products or ephedrine products	394
from other merchandise so that no member of the public may procure	395
or purchase such products without the direct assistance of a	396
pharmacist or other authorized employee of the retailer or	397
terminal distributor of dangerous drugs;	398

(2) With regard to each time a pseudoephedrine product or	399
ephedrine product is sold or otherwise provided without a valid	400
prescription:	401

(a) Determine, by examination of a valid proof of age, that	402
the purchaser or recipient is at least eighteen years of age;	403

(b) MakeUsing any information available, including	404
information from the national precursor log exchange, make a	405
reasonable attempt to ensure that no individual purchases or	406
receives more than nine gramsan amount of pseudoephedrine	407
products within a period of thirty consecutive days;product or	408
ephedrine product that is greater than either of the following:	409

(i) Three and six tenths grams within a period of a single	410
day;	411

(ii) Nine grams within a period of thirty consecutive days.

412

The limits specified in divisions (B)(2)(b)(i) and (ii) of	413
this section apply to the total amount of base pseudoephedrine or	414
base ephedrine in the pseudoephedrine product or ephedrine	415
product, respectively, and not the product's overall weight.	416

(3) Maintain a log book of pseudoephedrine product or	417
ephedrine product purchases, in accordance with division (C) of	418
this section 3715.051 of the Revised Code;	419

(4) Submit, in accordance with section 3715.052 of the	420
Revised Code, information from the log book described in division	421
(B)(3) of this section to the national precursor log exchange.	422

(C)(1) As used in division (C) of this section, "law	423
enforcement official" means an officer or employee of any agency	424
or authority of the United States, a state, a territory, a	425
political division of a state or territory, or an Indian tribe,	426
who is empowered by the law to investigate or conduct an official	427
inquiry into a potential violation of law or prosecute or	428
otherwise conduct a criminal, civil, or administrative proceeding	429
arising from an alleged violation of law.	430

(2) A retailer or terminal distributor of dangerous drugs	431
that sells, offers to sell, holds for sale, delivers, or otherwise	432
provides a pseudoephedrine product to the public shall maintain a	433
log book of all purchases of pseudoephedrine products. The log	434
book may be maintained in a tangible format, in an electronic	435
format, or in both a tangible format and an electronic format. As	436
part of this requirement, the retailer or terminal distributor of	437
dangerous drugs shall do all of the following:	438

(a) Require each purchaser to sign an entry in the log book	439
that is maintained in the electronic or tangible format;	440

(b) Determine whether the name signed in the entry in the log	441
book corresponds with the name on a government-issued	442
identification card;	443

(c) Retain the log book in a tangible format, in an	444
electronic format, or in both a tangible format and an electronic	445
format for a minimum of one year after the date of the last	446
purchase recorded in the log book;	447

(d) Include in the log book in the manner described in	448
division (C)(5) of this section or, in the alternative, post, in a	449
conspicuous location, the following statement: "Ohio law prohibits	450
the over-the-counter purchase within any period of thirty	451
consecutive days of more than nine grams of any consumer product	452
in which pseudoephedrine is the only active ingredient. If you	453
purchase a consumer product in which pseudoephedrine is the only	454
active ingredient, you are required to sign a log book that may be	455
accessible to law enforcement officers and to provide a	456
government-issued identification card to verify your identity.	457
Except in limited circumstances, the purchase within any period of	458
thirty consecutive days of more than nine grams of any consumer	459
product in which pseudoephedrine is the only active ingredient,	460
and the purchase by any individual under eighteen years of age of	461
any consumer product in which pseudoephedrine is the only active	462
ingredient, are subject to criminal prosecution or delinquency	463
proceedings in accordance with Ohio law. Also, the provision of	464
false information concerning an individual's name, age, or other	465
identification for the purpose of acquiring any consumer product	466
in which pseudoephedrine is the only active ingredient is subject	467
to criminal prosecution or delinquency proceedings in accordance	468
with Ohio law."	469

(3) Each purchaser of a pseudoephedrine product shall do all	470
of the following:	471

(a) Sign and print the purchaser's name and address in the	472
log book;	473

(b) Provide a government-issued identification card to the	474
retailer or terminal distributor of dangerous drugs to verify the	475
purchaser's identity.	476

(4) Information contained in the log book may not be used or	477
disclosed except in the following circumstances:	478

(a) In response to a court order or subpoena;

479

(b) In response to a request from a law enforcement official	480
to be used for law enforcement purposes.	481

(5) If a retailer or terminal distributor of dangerous drugs	482
chooses to include the statement set forth in division (C)(2)(d)	483
of this section in the log book maintained under division (C)(2)	484
of this section, the statement shall be set forth in the following	485
manner:	486

(a) If the log book is maintained in an electronic format,	487
the statement shall be set forth in such a manner that it is	488
presented on the viewing screen to each purchaser who is signing	489
an entry in the log book before the purchaser may sign the entry.	490

(b) If the log book is maintained in a tangible format, the	491
statement shall be set forth on the cover of the log book and on	492
each page of the log book.	493

(D) Prescriptions, orders, and records maintained pursuant to	494
this section and stocks of pseudoephedrine products and ephedrine	495
products shall be open for inspection to federal, state, county,	496
and municipal officers, and employees of the state board of	497
pharmacy whose duty it is to enforce the laws of this state or of	498
the United States relating to controlled substances. Such	499
prescriptions, orders, records, and stocks shall be open for	500
inspection by the state medical board and its employees for	501
purposes of enforcing Chapter 4731. of the Revised Code.	502

Sec. 3715.051. (A) A retailer or terminal distributor of	503
dangerous drugs that sells, offers to sell, holds for sale,	504
delivers, or otherwise provides a pseudoephedrine product or	505
ephedrine product to the public shall maintain a log book of all	506
purchases of pseudoephedrine products or ephedrine products made	507
without a valid prescription. The log book may be maintained in a	508
tangible format, in an electronic format, or in both a tangible	509
format and an electronic format. As part of fulfilling this	510
requirement, the retailer or terminal distributor of dangerous	511
drugs shall do all of the following:	512

(1) Require each individual who purchases a pseudoephedrine	513
product or ephedrine product without a valid prescription to sign	514
an entry in the log book;	515

(2) Determine whether the name signed in the entry in the log	516
book corresponds with the name on a government-issued	517
identification card;	518

(3) Retain the log book in a tangible format, in an	519
electronic format, or in both a tangible format and an electronic	520
format for a minimum of one year after the date of the last	521
purchase recorded in the log book or as required by federal law;	522

(4) Include in the log book in the manner described in	523
division (D) of this section or, in the alternative, post, in a	524
conspicuous location, the following statement: "Ohio law prohibits	525
the over-the-counter purchase of a consumer product containing a	526
total amount of base pseudoephedrine or base ephedrine that	527
exceeds either of the following: (1) three and six tenths grams in	528
a single day, or (2) nine grams within any period of thirty	529
consecutive days. If, without a valid prescription, you purchase a	530
consumer product containing pseudoephedrine or ephedrine, you are	531
required to sign a log book that may be accessible to law	532
enforcement officers and provide a government-issued	533
identification card to verify your identity. Except in limited	534
circumstances, the purchase of more than an amount specified in	535
this paragraph of a consumer product containing pseudoephedrine or	536
ephedrine, and the purchase by any individual under eighteen years	537
of age of a consumer product containing pseudoephedrine or	538
ephedrine, are subject to criminal prosecution or delinquency	539
proceedings in accordance with Ohio law. Also, the provision of	540
false information concerning an individual's name, age, or other	541
identification for the purpose of acquiring a consumer product	542
containing pseudoephedrine or ephedrine is subject to criminal	543
prosecution or delinquency proceedings in accordance with Ohio	544
law."	545

(B) Each individual who purchases a pseudoephedrine product	546
or ephedrine product without a valid prescription shall do both of	547
the following:	548

(1) Sign and print the purchaser's name in the log book;

549

(2) Present a government-issued identification card to the	550
retailer or terminal distributor of dangerous drugs to verify the	551
purchaser's identity.	552

(C) Information contained in the log book may not be used or	553
disclosed except in the following circumstances:	554

(1) In response to a court order or subpoena;

555

(2) In response to a request from a law enforcement official	556
to be used for law enforcement purposes;	557

(3) For purposes of complying with requirements in section	558
3715.052 of the Revised Code regarding the submission of	559
information to the national precursor log exchange.	560

(D) If a retailer or terminal distributor of dangerous drugs	561
chooses to include the statement set forth in division (A)(4) of	562
this section in the log book, the statement shall be set forth in	563
the following manner:	564

(1) If the log book is maintained in an electronic format,	565
the statement shall be set forth in such a manner that it is	566
presented on the viewing screen to each purchaser who is signing	567
an entry in the log book before the purchaser may sign the entry.	568

(2) If the log book is maintained in a tangible format, the	569
statement shall be set forth on the cover of the log book and on	570
each page of the log book.	571

Sec. 3715.052. (A) Beginning January 12, 2012, a retailer or	572
terminal distributor of dangerous drugs that is provided access to	573
the national precursor log exchange without charge shall do both	574
of the following:	575

(1) Subject to division (B) of this section, submit the	576
following information to the exchange regarding each sale of	577
pseudoephedrine product or ephedrine product that is not made	578
pursuant to a valid prescription:	579

(a) The purchaser's name and address;

580

(b) The name and quantity of the product purchased;

581

(c) The date and time of the purchase;

582

(d) The type of government-issued identification provided by	583
the purchaser at the time of purchase, pursuant to division (B)(3)	584
of section 3715.051 of the Revised Code, the identification	585
number, if any, on the identification, and the agency that issued	586
the identification.	587

(2)(a) Except as provided in division (A)(2)(b) of this	588
section, not complete a sale if the exchange generates a stop-sale	589
alert.	590

(b) A retailer or terminal distributor of dangerous drugs may	591
complete a sale even though the exchange has generated a stop-sale	592
alert if the retailer or terminal distributor of dangerous drugs	593
has a reasonable fear of imminent bodily harm should the sale not	594
be completed. To accommodate such circumstances, the retailer or	595
terminal distributor of dangerous drugs shall ensure that the	596
override function of the exchange has been enabled.	597

(B) If a retailer or terminal distributor of dangerous drugs	598
experiences mechanical or electronic failure of the equipment used	599
to complete an information submission required by division (A)(1)	600
of this section, the retailer or terminal distributor of dangerous	601
drugs shall do both of the following:	602

(1) Maintain a written or electronic record of the	603
information in division (A)(1) of this section;	604

(2) Complete the information submission as soon as	605
practicable after the mechanical or electronic failure has been	606
rectified.	607

Sec. 3715.053. A retailer or terminal distributor of	608
dangerous drugs is not liable in damages in a civil action for	609
injury, death, or loss to person or property resulting from any	610
act or omission in carrying out the duties regarding	611
pseudoephedrine product or ephedrine product sales specified in	612
sections 3715.05, 3715.051, and 3715.052 of the Revised Code,	613
unless the act or omission is reckless or constitutes willful or	614
wanton misconduct.	615

Section 2. That existing sections 2925.55, 2925.56, 2925.57,	616
and 3715.05 of the Revised Code are hereby repealed.	617