Sub. H. B. No. 334 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Sub. 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, Antonio, Duffey, Garland, Hackett, Adams, R., Anielski, Beck, Blair, Blessing, Boose, Boyd, Celebrezze, Combs, Conditt, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Fedor, Foley, Gardner, Gerberry, Goyal, Grossman, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Landis, Luckie, Lundy, Lynch, Maag, McClain, McGregor, Milkovich, Newbold, Patmon, Pelanda, Phillips, Roegner, Ruhl, Scherer, Schuring, Sears, Slaby, M., Smith, Sprague, Stautberg, Szollosi, Terhar, Thompson, Winburn, Young Speaker Batchelder

A BILL

To amend sections 2925.55, 2925.56, 2925.57, and

3715.05 and to enact sections 109.89, 3715.051,

3715.052, 3715.053, and 3715.054 of the Revised

Code regarding the participation of pharmacies,

retailers, and the Attorney General in

electronically tracking pseudoephedrine and

ephedrine product sales through a national

exchange.

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 109.89, 3715.051, 3715.052,	10
3715.053, and 3715.054 of the Revised Code be enacted to read as	11
follows:	12

Sec. 109.89. (A) As used in this section, "pseudoephedrine	13
product," "ephedrine product," "national precursor log exchange,"	14
and "exchange" have the same meanings as in section 3715.05 of the	15
Revised Code.	16

(B) The attorney general may enter into a contract or	17
memorandum of understanding with the national association of drug	18
diversion investigators or its successor organization and, if the	19
attorney general determines it to be appropriate, a person to whom	20
the authority to administer the national precursor log exchange	21
has been delegated. The contract or memorandum shall govern the	22
attorney general's access to and use of information from the	23
exchange and the responsibilities of each party to the contract or	24
memorandum relative to the access and use of the information.	25

(C) In furtherance of the purpose of the contract or	26
memorandum of understanding as described in division (B) of this	27
section, the contract or memorandum shall include terms that do	28
all of the following:	29

(1) Authorize the attorney general to obtain real-time access	30
to information from the national precursor log exchange;	31

(2) Authorize the attorney general to receive, on a weekly	32
basis, a report regarding sales of pseudoephedrine products and	33
ephedrine products in this state as monitored by the exchange, the	34
specific content of which shall be identified in the contract or	35
memorandum;	36

(3) Authorize the attorney general to disseminate any	37
information obtained pursuant to division (C)(1) or (2) of this	38
section to other state and local law enforcement officers as	39
determined to be appropriate by the attorney general;	40

(4) Specify that neither the attorney general nor any local	41
or state law enforcement officer is to be charged a fee for access	42
to or use of the national precursor log exchange or information	43
from the exchange authorized by this section or by the contract or	44
memorandum;	45

(5) Require all parties to the contract or memorandum to	46
comply with federal and state laws governing the confidentiality	47
of patient-specific information;	48

(6) Specify how the contract or memorandum may be amended or	49
revoked.	50

Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of	51
the Revised Code:	52

(1) "Consumer product" means any food or drink that is	53
consumed or used by humans and any drug, including a drug that may	54
be provided legally only pursuant to a prescription, that is	55
intended to be consumed or used by humans.	56

(2) "Terminal distributor of dangerous drugs" has the same	57
meaning as in section 4729.01 of the Revised Code.	58

(3) "Pseudoephedrine" means any material, compound, mixture,	59
or preparation that contains any quantity of pseudoephedrine, any	60
of its salts, optical isomers, or salts of optical isomers.	61

(4) "Pseudoephedrine product" means a consumer product	62
~~consisting of a single-ingredient preparation of~~that contains	63
pseudoephedrine ~~in which pseudoephedrine is the active~~	64
~~ingredient~~. ~~"Pseudoephedrine product" does not include either of~~	65
~~the following:~~	66

~~(a) A consumer product containing pseudoephedrine that is in~~	67
~~a liquid, liquid capsule, or gel capsule form;~~	68

~~(b) A consumer product primarily intended for administration~~	69
~~to children under twelve years of age, according to the label~~	70
~~instructions, in solid dosage form, including chewable tablets,~~	71
~~when individual dosage units do not exceed fifteen milligrams of~~	72
~~pseudoephedrine.~~	73

(5) "Retailer" means a place of business that offers consumer	74
products for sale to the general public.	75

(6) "Single-ingredient preparation" means a compound,	76
mixture, preparation, or substance that contains a single active	77
ingredient.	78

(7) "Ephedrine" means any material, compound, mixture, or	79
preparation that contains any quantity of ephedrine, any of its	80
salts, optical isomers, or salts of optical isomers.	81

(8) "Ephedrine product" means a consumer product that	82
contains ephedrine.	83

(B)(1) No individual shall knowingly purchase, receive, or	84
otherwise acquire ~~more than nine grams of any~~an amount of	85
pseudoephedrine product ~~within a period of thirty consecutive~~	86
~~days,~~or ephedrine product that is greater than either of the	87
following unless the pseudoephedrine product or ephedrine product	88
is dispensed by a pharmacist pursuant to a valid prescription	89
issued by a licensed health professional authorized to prescribe	90
drugs and the conduct of the pharmacist and the licensed health	91
professional authorized to prescribe drugs is in accordance with	92
Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the	93
Revised Code:	94

(a) Three and six tenths grams within a period of a single	95
day;	96

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

The limits specified in divisions (B)(1)(a) and (b) of this	98
section apply to the total amount of base pseudoephedrine or base	99
ephedrine in the pseudoephedrine product or ephedrine product,	100
respectively. The limits do not apply to the product's overall	101
weight.	102

(2) It is not a violation of division (B)(1) of this section	103
for an individual to receive or accept more than ~~nine grams of any~~	104
an amount of pseudoephedrine product ~~within a period of thirty~~	105
~~consecutive days~~or ephedrine product specified in division	106
(B)(1)(a) or (b) of this section if the individual is an employee	107
of a retailer or terminal distributor of dangerous drugs, and the	108
employee receives or accepts from the retailer or terminal	109
distributor of dangerous drugs the pseudoephedrine product or	110
ephedrine product in a sealed container in connection with	111
manufacturing, warehousing, placement, stocking, bagging, loading,	112
or unloading of the product.	113

(C)(1) No individual under eighteen years of age shall	114
knowingly purchase, receive, or otherwise acquire a	115
pseudoephedrine product,or ephedrine product unless the	116
pseudoephedrine product or ephedrine product is dispensed by a	117
pharmacist pursuant to a valid prescription issued by a licensed	118
health professional authorized to prescribe drugs and the conduct	119
of the pharmacist and the licensed health professional authorized	120
to prescribe drugs is in accordance with Chapter 3719., 4715.,	121
4723., 4729., 4730., 4731., or 4741. of the Revised Code.	122

(2) Division (C)(1) of this section does not apply to an	123
individual under eighteen years of age who purchases, receives, or	124
otherwise acquires a pseudoephedrine product or ephedrine product	125
from any of the following:	126

(a) A licensed health professional authorized to prescribe	127
drugs or pharmacist who dispenses, sells, or otherwise provides	128
the pseudoephedrine product or ephedrine product to that	129
individual and whose conduct is in accordance with Chapter 3719.,	130
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;	131

(b) A parent or guardian of that individual who provides the	132
pseudoephedrine product or ephedrine product to the individual;	133

(c) A person, as authorized by that individual's parent or	134
guardian, who dispenses, sells, or otherwise provides the	135
pseudoephedrine product or ephedrine product to the individual;	136

(d) A retailer or terminal distributor of dangerous drugs who	137
provides the pseudoephedrine product or ephedrine product to that	138
individual if the individual is an employee of the retailer or	139
terminal distributor of dangerous drugs and the individual	140
receives or accepts from the retailer or terminal distributor of	141
dangerous drugs the pseudoephedrine product or ephedrine product	142
in a sealed container in connection with manufacturing,	143
warehousing, placement, stocking, bagging, loading, or unloading	144
of the product.	145

(D) No individual under eighteen years of age shall knowingly	146
show or give false information concerning the individual's name,	147
age, or other identification for the purpose of purchasing,	148
receiving, or otherwise acquiring a pseudoephedrine product or	149
ephedrine product.	150

(E) No individual shall knowingly fail to comply with the	151
requirements of division ~~(C)(3)~~(B) of section ~~3715.05~~3715.051 of	152
the Revised Code.	153

(F) Whoever violates division (B)(1) of this section is	154
guilty of unlawful purchase of a pseudoephedrine product or	155
ephedrine product, a misdemeanor of the first degree.	156

(G) Whoever violates division (C)(1) of this section is	157
guilty of underage purchase of a pseudoephedrine product or	158
ephedrine product, a delinquent act that would be a misdemeanor of	159
the fourth degree if it could be committed by an adult.	160

(H) Whoever violates division (D) of this section is guilty	161
of using false information to purchase a pseudoephedrine product	162
or ephedrine product, a delinquent act that would be a misdemeanor	163
of the first degree if it could be committed by an adult.	164

(I) Whoever violates division (E) of this section is guilty	165
of improper purchase of a pseudoephedrine product or ephedrine	166
product, a misdemeanor of the fourth degree.	167

Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of	168
this section, no retailer or terminal distributor of dangerous	169
drugs or an employee of a retailer or terminal distributor of	170
dangerous drugs shall knowingly sell, offer to sell, hold for	171
sale, deliver, or otherwise provide to any individual ~~within a~~	172
~~period of thirty consecutive days~~ an amount of pseudoephedrine	173
product or ephedrine product that is greater than ~~nine grams~~	174
either of the following:	175

(a) Three and six tenths grams within a period of a single	176
day;	177

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

178

The maximum amounts specified in divisions (A)(1)(a) and (b)	179
of this section apply to the total amount of base pseudoephedrine	180
or base ephedrine in the pseudoephedrine product or ephedrine	181
product, respectively. The maximum amounts do not apply to the	182
product's overall weight.	183

(2)(a) Division (A)(1) of this section does not apply to any	184
quantity of pseudoephedrine product or ephedrine product dispensed	185
by a pharmacist pursuant to a valid prescription issued by a	186
licensed health professional authorized to prescribe drugs if the	187
conduct of the pharmacist and the licensed health professional	188
authorized to prescribe drugs is in accordance with Chapter 3719.,	189
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.	190

(b) It is not a violation of division (A)(1) of this section	191
for a retailer, terminal distributor of dangerous drugs, or	192
employee of either to provide to an individual more than ~~nine~~	193
~~grams of any~~an amount of pseudoephedrine product ~~within a period~~	194
~~of thirty consecutive days if the~~or ephedrine product specified	195
in division (A)(1)(a) or (b) of this section under either of the	196
following circumstances:	197

(i) The individual is an employee of the retailer or terminal	198
distributor of dangerous drugs, and the employee receives or	199
accepts from the retailer, terminal distributor of dangerous	200
drugs, or employee the pseudoephedrine product or ephedrine	201
product in a sealed container in connection with manufacturing,	202
warehousing, placement, stocking, bagging, loading, or unloading	203
of the product;	204

(ii) A stop-sale alert is generated after the submission of	205
information to the national precursor log exchange under the	206
conditions described in division (A)(2) of section 3715.052 of the	207
Revised Code.	208

(B)(1) Except as provided in division (B)(2) of this section,	209
no retailer or terminal distributor of dangerous drugs or an	210
employee of a retailer or terminal distributor of dangerous drugs	211
shall sell, offer to sell, hold for sale, deliver, or otherwise	212
provide a pseudoephedrine product or ephedrine product to an	213
individual who is under eighteen years of age.	214

(2) Division (B)(1) of this section does not apply to any of	215
the following:	216

(a) A licensed health professional authorized to prescribe	217
drugs or pharmacist who dispenses, sells, or otherwise provides a	218
pseudoephedrine product or ephedrine product to an individual	219
under eighteen years of age and whose conduct is in accordance	220
with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of	221
the Revised Code;	222

(b) A parent or guardian of an individual under eighteen	223
years of age who provides a pseudoephedrine product or ephedrine	224
product to the individual;	225

(c) A person who, as authorized by the individual's parent or	226
guardian, dispenses, sells, or otherwise provides a	227
pseudoephedrine product or ephedrine product to an individual	228
under eighteen years of age;	229

(d) The provision by a retailer, terminal distributor of	230
dangerous drugs, or employee of either of a pseudoephedrine	231
product or ephedrine product in a sealed container to an employee	232
of the retailer or terminal distributor of dangerous drugs who is	233
under eighteen years of age in connection with manufacturing,	234
warehousing, placement, stocking, bagging, loading, or unloading	235
of the product.	236

(C) No retailer or terminal distributor of dangerous drugs	237
shall fail to comply with the requirements of division ~~(C)(2)~~(A)	238
of section ~~3715.05~~3715.051 or division (A)(2) of section 3715.052	239
of the Revised Code.	240

(D) No retailer or terminal distributor of dangerous drugs	241
shall fail to comply with the requirements of division (A)(1) of	242
section 3715.052 of the Revised Code.	243

(E) Whoever violates division (A)(1) of this section is	244
guilty of unlawfully selling a pseudoephedrine product or	245
ephedrine product, a misdemeanor of the first degree.	246

~~(E)~~(F) Whoever violates division (B)(1) of this section is	247
guilty of unlawfully selling a pseudoephedrine product or	248
ephedrine product to a minor, a misdemeanor of the fourth degree.	249

~~(F)~~(G) Whoever violates division (C) of this section is	250
guilty of improper sale of a pseudoephedrine product or ephedrine	251
product, a misdemeanor of the second degree.	252

(H) Whoever violates division (D) of this section is guilty	253
of failing to submit information to the national precursor log	254
exchange, a misdemeanor for which the offender shall be fined not	255
more than one thousand dollars per violation.	256

Sec. 2925.57. (A) As used in this section and section 2925.58	257
of the Revised Code:	258

(1) "Card holder" means any person who presents a driver's or	259
commercial driver's license or an identification card to a seller,	260
or an agent or employee of a seller, to purchase or receive any	261
pseudoephedrine product or ephedrine product from the seller,	262
agent, or employee.	263

(2) "Identification card" and "transaction scan device" have	264
the same meanings as in section 2927.021 of the Revised Code.	265

(3) "Seller" means a retailer or terminal distributor of	266
dangerous drugs.	267

(4) "Transaction scan" means the process by which a seller or	268
an agent or employee of a seller checks by means of a transaction	269
scan device the validity of a driver's or commercial driver's	270
license or an identification card that is presented as a condition	271
for purchasing or receiving any pseudoephedrine product or	272
ephedrine product.	273

(B)(1) A seller or an agent or employee of a seller may	274
perform a transaction scan by means of a transaction scan device	275
to check the validity of a driver's or commercial driver's license	276
or identification card presented by a card holder as a condition	277
for selling, giving away, or otherwise distributing to the card	278
holder a pseudoephedrine product or ephedrine product.	279

(2) If the information deciphered by the transaction scan	280
performed under division (B)(1) of this section fails to match the	281
information printed on the driver's or commercial driver's license	282
or identification card presented by the card holder, or if the	283
transaction scan indicates that the information so printed is	284
false or fraudulent, neither the seller nor any agent or employee	285
of the seller shall sell, give away, or otherwise distribute any	286
pseudoephedrine product or ephedrine product to the card holder.	287

(3) Division (B)(1) of this section does not preclude a	288
seller or an agent or employee of a seller as a condition for	289
selling, giving away, or otherwise distributing a pseudoephedrine	290
product or ephedrine product to the person presenting the document	291
from using a transaction scan device to check the validity of a	292
document other than a driver's or commercial driver's license or	293
an identification card if the document includes a bar code or	294
magnetic strip that may be scanned by the device.	295

(C) Rules adopted by the registrar of motor vehicles under	296
division (C) of section 4301.61 of the Revised Code apply to the	297
use of transaction scan devices for purposes of this section and	298
section 2925.58 of the Revised Code.	299

(D)(1) No seller or agent or employee of a seller shall	300
electronically or mechanically record or maintain any information	301
derived from a transaction scan, except the following:	302

(a) The name, address, and date of birth of the person listed	303
on the driver's or commercial driver's license or identification	304
card presented by a card holder;	305

(b) The expiration date ~~and~~, identification number, and	306
issuing agency of the driver's or commercial driver's license or	307
identification card presented by a card holder.	308

(2) No seller or agent or employee of a seller shall use the	309
information that is derived from a transaction scan or that is	310
permitted to be recorded and maintained under division (D)(1) of	311
this section except for purposes of section 2925.58 or division	312
(A)(1) of section 3715.052 of the Revised Code.	313

(3) No seller or agent or employee of a seller shall use a	314
transaction scan device for a purpose other than the purpose	315
specified in division (B)(1) of this section.	316

(4) No seller or agent or employee of a seller shall sell or	317
otherwise disseminate the information derived from a transaction	318
scan to any third party, including, but not limited to, selling or	319
otherwise disseminating that information for any marketing,	320
advertising, or promotional activities, but a seller or agent or	321
employee of a seller may release that information pursuant to a	322
court order or as specifically authorized by section 2925.58 or	323
another section of the Revised Code.	324

(E) Nothing in this section or section 2925.58 of the Revised	325
Code relieves a seller or an agent or employee of a seller of any	326
responsibility to comply with any other applicable state or	327
federal laws or rules governing the sale, giving away, or other	328
distribution of pseudoephedrine products or ephedrine products.	329

(F) Whoever violates division (B)(2) or (D) of this section	330
is guilty of engaging in an illegal pseudoephedrine product or	331
ephedrine product transaction scan, and the court may impose upon	332
the offender a civil penalty of up to one thousand dollars for	333
each violation. The clerk of the court shall pay each collected	334
civil penalty to the county treasurer for deposit into the county	335
treasury.	336

Sec. 3715.05. (A) As used in this section and ~~section~~	337
sections 3715.051 to 3715.054 and 3715.06 of the Revised Code:	338

(1) "Consumer product" means any food or drink that is	339
consumed or used by humans and any drug, including a drug that may	340
be provided legally only pursuant to a prescription, that is	341
intended to be consumed or used by humans.	342

(2) "Drug," "licensed health professional authorized to	343
prescribe drugs," "pharmacy," "prescriber," "prescription," and	344
"terminal distributor of dangerous drugs" have the same meanings	345
as in section 4729.01 of the Revised Code.	346

(3) "Ephedrine" means any material, compound, mixture, or	347
preparation that contains any quantity of ephedrine, any of its	348
salts, optical isomers, or salts of optical isomers.	349

(4) "Ephedrine product" means a consumer product that	350
contains ephedrine.	351

(5) "Law enforcement official" means an officer or employee	352
of any agency or authority of the United States, a state, a	353
territory, a political subdivision of a state or territory, or an	354
Indian tribe, who is empowered by the law to investigate or	355
conduct an official inquiry into a potential violation of law or	356
prosecute or otherwise conduct a criminal, civil, or	357
administrative proceeding arising from an alleged violation of	358
law.	359

(6) "National precursor log exchange" or "exchange" means the	360
electronic system for tracking sales of pseudoephedrine products	361
and ephedrine products on a national basis that is administered by	362
the national association of drug diversion investigators or a	363
successor organization.	364

(7) "Pharmacist" means a person licensed under Chapter 4729.	365
of the Revised Code to engage in the practice of pharmacy.	366

~~(4)~~(8) "Proof of age" means a driver's license, a commercial	367
driver's license, a military identification card, a passport, or	368
an identification card issued under sections 4507.50 to 4507.52 of	369
the Revised Code that shows a person is eighteen years of age or	370
older.	371

~~(5)~~(9) "Pseudoephedrine" means any material, compound,	372
mixture, or preparation that contains any quantity of	373
pseudoephedrine, any of its salts, optical isomers, or salts of	374
optical isomers.	375

~~(6)~~(10) "Pseudoephedrine product" means a consumer product	376
~~consisting of a single-ingredient preparation of~~that contains	377
pseudoephedrine ~~in which pseudoephedrine is the active~~	378
~~ingredient~~. ~~"Pseudoephedrine product" does not include either of~~	379
~~the following:~~	380

~~(a) A consumer product containing pseudoephedrine that is in~~	381
~~a liquid, liquid capsule, or gel capsule form;~~	382

~~(b) A consumer product primarily intended for administration~~	383
~~to children under twelve years of age, according to the label~~	384
~~instructions, in solid dosage form, including chewable tablets,~~	385
~~when individual dosage units do not exceed fifteen milligrams of~~	386
~~pseudoephedrine.~~	387

~~(7)~~(11) "Retailer" means a place of business that offers	388
consumer products for sale to the general public.	389

~~(8)~~(12) "Single-ingredient preparation" means a compound,	390
mixture, preparation, or substance that contains a single active	391
ingredient.	392

~~(9)~~(13) "Stop-sale alert" means a notification sent from the	393
national precursor log exchange to a retailer or terminal	394
distributor of dangerous drugs indicating that the completion of a	395
sale of a pseudoephedrine product or ephedrine product would	396
result in a violation of division (A)(1) of section 2925.56 of the	397
Revised Code or federal law.	398

(14) "Wholesaler" has the same meaning as in section 3719.01	399
of the Revised Code.	400

(B) A retailer or terminal distributor of dangerous drugs	401
that sells, offers to sell, holds for sale, delivers, or otherwise	402
provides a pseudoephedrine product or ephedrine product to the	403
public shall do all of the following:	404

(1) Segregate pseudoephedrine products or ephedrine products	405
from other merchandise so that no member of the public may procure	406
or purchase such products without the direct assistance of a	407
pharmacist or other authorized employee of the retailer or	408
terminal distributor of dangerous drugs;	409

(2) With regard to each time a pseudoephedrine product or	410
ephedrine product is sold or otherwise provided without a valid	411
prescription:	412

(a) Determine, by examination of a valid proof of age, that	413
the purchaser or recipient is at least eighteen years of age;	414

(b) ~~Make~~Using any information available, including	415
information from the national precursor log exchange if the	416
information is accessible, make a reasonable attempt to ensure	417
that no individual purchases or receives ~~more than nine grams~~an	418
amount of pseudoephedrine ~~products within a period of thirty~~	419
~~consecutive days;~~product or ephedrine product that is greater	420
than either of the following:	421

(i) Three and six tenths grams within a period of a single	422
day;	423

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

424

The maximum amounts specified in divisions (B)(2)(b)(i) and	425
(ii) of this section apply to the total amount of base	426
pseudoephedrine or base ephedrine in the pseudoephedrine product	427
or ephedrine product, respectively. The maximum amounts do not	428
apply to the product's overall weight.	429

(3) Maintain a log book of pseudoephedrine product or	430
ephedrine product purchases, in accordance with ~~division (C) of~~	431
~~this~~ section 3715.051 of the Revised Code;	432

(4) If required to comply with section 3715.052 of the	433
Revised Code, submit the information specified in divisions	434
(A)(1)(a) to (d) of that section to the national precursor log	435
exchange.	436

(C)~~(1) As used in division (C) of this section, "law~~	437
~~enforcement official" means an officer or employee of any agency~~	438
~~or authority of the United States, a state, a territory, a~~	439
~~political division of a state or territory, or an Indian tribe,~~	440
~~who is empowered by the law to investigate or conduct an official~~	441
~~inquiry into a potential violation of law or prosecute or~~	442
~~otherwise conduct a criminal, civil, or administrative proceeding~~	443
~~arising from an alleged violation of law.~~	444

~~(2) A retailer or terminal distributor of dangerous drugs~~	445
~~that sells, offers to sell, holds for sale, delivers, or otherwise~~	446
~~provides a pseudoephedrine product to the public shall maintain a~~	447
~~log book of all purchases of pseudoephedrine products. The log~~	448
~~book may be maintained in a tangible format, in an electronic~~	449
~~format, or in both a tangible format and an electronic format. As~~	450
~~part of this requirement, the retailer or terminal distributor of~~	451
~~dangerous drugs shall do all of the following:~~	452

~~(a) Require each purchaser to sign an entry in the log book~~	453
~~that is maintained in the electronic or tangible format;~~	454

~~(b) Determine whether the name signed in the entry in the log~~	455
~~book corresponds with the name on a government-issued~~	456
~~identification card;~~	457

~~(c) Retain the log book in a tangible format, in an~~	458
~~electronic format, or in both a tangible format and an electronic~~	459
~~format for a minimum of one year after the date of the last~~	460
~~purchase recorded in the log book;~~	461

~~(d) Include in the log book in the manner described in~~	462
~~division (C)(5) of this section or, in the alternative, post, in a~~	463
~~conspicuous location, the following statement: "Ohio law prohibits~~	464
~~the over-the-counter purchase within any period of thirty~~	465
~~consecutive days of more than nine grams of any consumer product~~	466
~~in which pseudoephedrine is the only active ingredient. If you~~	467
~~purchase a consumer product in which pseudoephedrine is the only~~	468
~~active ingredient, you are required to sign a log book that may be~~	469
~~accessible to law enforcement officers and to provide a~~	470
~~government-issued identification card to verify your identity.~~	471
~~Except in limited circumstances, the purchase within any period of~~	472
~~thirty consecutive days of more than nine grams of any consumer~~	473
~~product in which pseudoephedrine is the only active ingredient,~~	474
~~and the purchase by any individual under eighteen years of age of~~	475
~~any consumer product in which pseudoephedrine is the only active~~	476
~~ingredient, are subject to criminal prosecution or delinquency~~	477
~~proceedings in accordance with Ohio law. Also, the provision of~~	478
~~false information concerning an individual's name, age, or other~~	479
~~identification for the purpose of acquiring any consumer product~~	480
~~in which pseudoephedrine is the only active ingredient is subject~~	481
~~to criminal prosecution or delinquency proceedings in accordance~~	482
~~with Ohio law."~~	483

~~(3) Each purchaser of a pseudoephedrine product shall do all~~	484
~~of the following:~~	485

~~(a) Sign and print the purchaser's name and address in the~~	486
~~log book;~~	487

~~(b) Provide a government-issued identification card to the~~	488
~~retailer or terminal distributor of dangerous drugs to verify the~~	489
~~purchaser's identity.~~	490

~~(4) Information contained in the log book may not be used or~~	491
~~disclosed except in the following circumstances:~~	492

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

493

~~(b) In response to a request from a law enforcement official~~	494
~~to be used for law enforcement purposes.~~	495

~~(5) If a retailer or terminal distributor of dangerous drugs~~	496
~~chooses to include the statement set forth in division (C)(2)(d)~~	497
~~of this section in the log book maintained under division (C)(2)~~	498
~~of this section, the statement shall be set forth in the following~~	499
~~manner:~~	500

~~(a) If the log book is maintained in an electronic format,~~	501
~~the statement shall be set forth in such a manner that it is~~	502
~~presented on the viewing screen to each purchaser who is signing~~	503
~~an entry in the log book before the purchaser may sign the entry.~~	504

~~(b) If the log book is maintained in a tangible format, the~~	505
~~statement shall be set forth on the cover of the log book and on~~	506
~~each page of the log book.~~	507

~~(D)~~ Prescriptions, orders, and records maintained pursuant to	508
this section and stocks of pseudoephedrine products and ephedrine	509
products shall be open for inspection to federal, state, county,	510
and municipal officers, and employees of the state board of	511
pharmacy whose duty it is to enforce the laws of this state or of	512
the United States relating to controlled substances. Such	513
prescriptions, orders, records, and stocks shall be open for	514
inspection by the state medical board and its employees for	515
purposes of enforcing Chapter 4731. of the Revised Code.	516

Sec. 3715.051. (A) A retailer or terminal distributor of	517
dangerous drugs that sells, offers to sell, holds for sale,	518
delivers, or otherwise provides a pseudoephedrine product or	519
ephedrine product to the public shall maintain a log book of all	520
purchases of pseudoephedrine products or ephedrine products made	521
without a valid prescription. The log book may be maintained in a	522
tangible format, in an electronic format, or in both formats. As	523
part of fulfilling this requirement, the retailer or terminal	524
distributor of dangerous drugs shall do all of the following:	525

(1) Require each individual who purchases a pseudoephedrine	526
product or ephedrine product without a valid prescription to sign	527
an entry in the log book;	528

(2) Determine whether the name signed in the entry in the log	529
book corresponds with the name on a government-issued	530
identification card;	531

(3) Retain the log book in a tangible format, in an	532
electronic format, or in both formats for a minimum of one year	533
after the date of the last purchase recorded in the log book or as	534
required by federal law;	535

(4) Include in the log book in the manner described in	536
division (D) of this section or, in the alternative, post in a	537
conspicuous location the following statement: "Ohio law prohibits	538
the over-the-counter purchase of a consumer product containing a	539
total amount of base pseudoephedrine or base ephedrine that	540
exceeds either of the following: (1) three and six tenths grams in	541
a single day, or (2) nine grams within any period of thirty	542
consecutive days. If, without a valid prescription, you purchase a	543
consumer product containing pseudoephedrine or ephedrine, you are	544
required to sign a log book that may be accessible to law	545
enforcement officers and provide a government-issued	546
identification card to verify your identity. Except in limited	547
circumstances, the purchase of more than the permissible amount of	548
a consumer product containing pseudoephedrine or ephedrine, and	549
the purchase by any individual under eighteen years of age of a	550
consumer product containing pseudoephedrine or ephedrine, are	551
subject to criminal prosecution or delinquency proceedings in	552
accordance with Ohio law. Also, the provision of false information	553
concerning an individual's name, age, or other identification for	554
the purpose of acquiring a consumer product containing	555
pseudoephedrine or ephedrine is subject to criminal prosecution or	556
delinquency proceedings in accordance with Ohio law."	557

(B) Each individual who purchases a pseudoephedrine product	558
or ephedrine product without a valid prescription shall do both of	559
the following:	560

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

561

(2) Present a government-issued identification card to the	562
retailer or terminal distributor of dangerous drugs to verify the	563
purchaser's identity.	564

(C) Information contained in the log book may not be used or	565
disclosed except in the following circumstances:	566

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

567

(2) In response to a request from a law enforcement official	568
to be used for law enforcement purposes;	569

(3) For purposes of complying with requirements in section	570
3715.052 of the Revised Code regarding the submission of	571
information to the national precursor log exchange.	572

(D) If a retailer or terminal distributor of dangerous drugs	573
chooses to include the statement set forth in division (A)(4) of	574
this section in the log book, the statement shall be set forth in	575
the following manner:	576

(1) If the log book is maintained in an electronic format,	577
the statement shall be set forth in such a manner that it is	578
presented on the viewing screen to each purchaser who is signing	579
an entry in the log book before the purchaser may sign the entry.	580

(2) If the log book is maintained in a tangible format, the	581
statement shall be set forth on the cover of the log book and on	582
each page of the log book.	583

Sec. 3715.052. The duty to comply with this section is	584
subject to the conditions specified in section 3715.053 of the	585
Revised Code.	586

(A)(1) Beginning January 1, 2013, a retailer or terminal	587
distributor of dangerous drugs shall submit the following	588
information to the national precursor log exchange regarding each	589
sale of pseudoephedrine product or ephedrine product that is not	590
made pursuant to a valid prescription:	591

(a) The purchaser's name and address;

592

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

593

594

(d) The type of government-issued identification provided by	595
the purchaser at the time of purchase, pursuant to division (B)(2)	596
of section 3715.051 of the Revised Code, the identification	597
number, if any, on the identification, and the agency that issued	598
the identification.	599

(2) A retailer or terminal distributor of dangerous drugs	600
that is unable to complete an information submission required by	601
division (A)(1) of this section due to experiencing mechanical or	602
electronic failure of the equipment used to complete the	603
information submission or due to the temporary inability of the	604
retailer or terminal distributor to obtain internet service shall	605
do both of the following:	606

(a) Maintain a written or electronic record of the	607
information in division (A)(1) of this section;	608

(b) Complete the information submission as soon as	609
practicable after the mechanical or electronic failure has been	610
rectified or internet service has been restored.	611

(B)(1) Except as provided in division (B)(2) of this section,	612
a retailer or terminal distributor of dangerous drugs shall not	613
complete a sale if the exchange generates a stop-sale alert after	614
the information is submitted under division (A)(1) of this	615
section.	616

(2) A retailer or terminal distributor of dangerous drugs may	617
complete a sale even though the exchange has generated a stop-sale	618
alert if the retailer or terminal distributor of dangerous drugs	619
has a reasonable fear of imminent bodily harm should the sale not	620
be completed. To accommodate such circumstances, the retailer or	621
terminal distributor of dangerous drugs shall ensure that the	622
override function of the exchange has been enabled.	623

Sec. 3715.053. A retailer or terminal distributor of	624
dangerous drugs is not required to comply with section 3715.052 of	625
the Revised Code if one or more of the following are the case:	626

(A) There is any charge from the national precursor log	627
exchange for using the exchange, including a charge for obtaining	628
access to the exchange, submitting information to the exchange, or	629
receiving a stop-sale alert from the exchange.	630

(B) There is any fee from the exchange related to funding its	631
operation or maintenance.	632

(C) The equipment or software needed to use the exchange is	633
not technologically capable of interfacing with existing and	634
future operational systems used by a retailer or terminal	635
distributor of dangerous drugs.	636

Sec. 3715.054. A retailer or terminal distributor of	637
dangerous drugs is not liable in damages in a civil action for	638
injury, death, or loss to person or property resulting from any	639
act or omission in carrying out the duties specified in sections	640
3715.05, 3715.051, and 3715.052 of the Revised Code regarding the	641
sale of a pseudoephedrine product or ephedrine product, unless the	642
act or omission is negligent or reckless or constitutes willful or	643
wanton misconduct.	644

Section 2. That existing sections 2925.55, 2925.56, 2925.57,	645
and 3715.05 of the Revised Code are hereby repealed.	646