As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 93

Representatives Burke, Johnson 

Cosponsors:  Speaker Batchelder  Representatives Bubp, Adams, J., Boose, Grossman, Hackett, Hottinger, Huffman, Peterson, Pillich, Rosenberger, Ruhl, Uecker 

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A BILL

To amend sections 3719.08, 4723.481, 4729.01,

1

4729.071, 4729.29, 4729.51, 4729.54, 4729.541,

2

4729.55, 4729.75, 4729.77, 4729.78, 4729.79,

3

4729.80, 4729.81, 4729.82, 4729.83, 4729.99,

4

4731.052, 4731.22, 4731.283, 4776.02, 4776.04, and

5

5111.172; to amend, for the purpose of adopting

6

new section numbers as indicated in parentheses,

7

sections 4729.79 (4729.80), 4729.80 (4729.81),

8

4729.81 (4729.82), 4729.82 (4729.83), 4729.83

9

(4729.84), and 4729.84 (4729.85); and to enact new

10

section 4729.79 and sections 109.90, 3793.22,

11

4729.291, 4729.552, 4729.561, 4729.571, 4729.69,

12

4729.86, 4731.054, 4731.055, 4731.228, 4731.241,

13

5111.179, and 5111.1710 of the Revised Code to

14

establish and modify laws regarding the prevention

15

of prescription drug abuse, development of

16

information programs by the State Medical Board,

17

and Medicaid coverage of prescription drugs.

18

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

Section 1. That sections 3719.08, 4723.481, 4729.01,	19
4729.071, 4729.29, 4729.51, 4729.54, 4729.541, 4729.55, 4729.75,	20
4729.77, 4729.78, 4729.79, 4729.80, 4729.81, 4729.82, 4729.83,	21
4729.99, 4731.052, 4731.22, 4731.283, 4776.02, 4776.04, and	22
5111.172 be amended; sections 4729.79 (4729.80), 4729.80	23
(4729.81), 4729.81 (4729.82), 4729.82 (4729.83), 4729.83	24
(4729.84), and 4729.84 (4729.85) be amended, for the purpose of	25
adopting new section numbers as indicated in parentheses; and new	26
section 4729.79 and sections 109.90, 3793.22, 4729.291, 4729.552,	27
4729.561, 4729.571, 4729.69, 4729.86, 4731.054, 4731.055,	28
4731.228, 4731.241, 5111.179, and 5111.1710 of the Revised Code be	29
enacted to read as follows:	30

Sec. 109.90. The attorney general shall collaborate with the	31
state board of pharmacy and director of alcohol and drug addiction	32
services in the establishment and administration of a drug	33
take-back program, as provided under section 4729.69 of the	34
Revised Code. Any costs of the program shall be divided equally	35
between the attorney general, state board of pharmacy, and	36
department of alcohol and drug addiction services.	37

Sec. 3719.08.  (A) Whenever a manufacturer sells a controlled	38
substance, and whenever a wholesaler sells a controlled substance	39
in a package the wholesaler has prepared, the manufacturer or	40
wholesaler shall securely affix to each package in which the	41
controlled substance is contained a label showing in legible	42
English the name and address of the vendor and the quantity, kind,	43
and form of controlled substance contained therein. No person,	44
except a pharmacist for the purpose of dispensing a controlled	45
substance upon a prescription shall alter, deface, or remove any	46
label so affixed.	47

(B) Except as provided in division (C) of this section, when	48
a pharmacist dispenses any controlled substance on a prescription	49
for use by a patient, or supplies a controlled substance to a	50
licensed health professional authorized to prescribe drugs for use	51
by the professional in personally furnishing patients with	52
controlled substances, the pharmacist shall affix to the container	53
in which the controlled substance is dispensed or supplied a label	54
showing the following:	55

(1) The name and address of the pharmacy dispensing or	56
supplying the controlled substance;	57

(2) The name of the patient for whom the controlled substance	58
is prescribed and, if the patient is an animal, the name of the	59
owner and the species of the animal;	60

(3) The name of the prescriber;

61

(4) All directions for use stated on the prescription or	62
provided by the prescriber;	63

(5) The date on which the controlled substance was dispensed	64
or supplied;	65

(6) The name, quantity, and strength of the controlled	66
substance and, if applicable, the name of the distributor or	67
manufacturer.	68

(C) The requirements of division (B) of this section do not	69
apply when a controlled substance is prescribed or supplied for	70
administration to an ultimate user who is institutionalized.	71

(D) A licensed health professional authorized to prescribe	72
drugs who personally furnishes a controlled substance to a patient	73
shall comply with division (B)(A) of section 4729.294729.291 of	74
the Revised Code with respect to labeling and packaging of the	75
controlled substance.	76

(E) No person shall alter, deface, or remove any label	77
affixed pursuant to this section as long as any of the original	78
contents remain.	79

(F) Every label for a schedule II, III, or IV controlled	80
substance shall contain the following warning:	81

"Caution: federal law prohibits the transfer of this drug to	82
any person other than the patient for whom it was prescribed."	83

Sec. 3793.22. The director of alcohol and drug addiction	84
services shall collaborate with the state board of pharmacy and	85
attorney general in the establishment and administration of a drug	86
take-back program, as provided under section 4729.69 of the	87
Revised Code. Any costs of the program shall be divided equally	88
between the department of alcohol and drug addiction services,	89
state board of pharmacy, and attorney general.	90

Sec. 4723.481.  Under a certificate to prescribe issued under	91
section 4723.48 of the Revised Code, a clinical nurse specialist,	92
certified nurse-midwife, or certified nurse practitioner is	93
subject to all of the following:	94

(A) The nurse shall not prescribe any drug or therapeutic	95
device that is not included in the types of drugs and devices	96
listed on the formulary established in rules adopted under section	97
4723.50 of the Revised Code.	98

(B) The nurse's prescriptive authority shall not exceed the	99
prescriptive authority of the collaborating physician or	100
podiatrist and shall be in conformance with any rules adopted by	101
the state medical board under Chapter 4731. of the Revised Code	102
governing physician or podiatrist prescribing.	103

(C) The nurse may prescribe a schedule II controlled	104
substance as specified in division (A)(2) of section 3719.06 of	105
the Revised Code, but shall not prescribe a schedule II controlled	106
substance in collaboration with a podiatrist.	107

(D) The nurse may personally furnish to a patient a sample of	108
any drug or therapeutic device included in the types of drugs and	109
devices listed on the formulary, subject to all of the following:	110

(1) The amount of the sample furnished shall not exceed a	111
seventy-two-hour supply, except when the minimum available	112
quantity of the sample is packaged in an amount that is greater	113
than a seventy-two-hour supply, in which case the nurse may	114
furnish the sample in the packaged amount.	115

(2) No charge may be imposed for the sample or for furnishing	116
it.	117

(3) Samples of controlled substances may not be personally	118
furnished.	119

(E) The nurse may personally furnish to a patient a complete	120
or partial supply of a drug or therapeutic device included in the	121
types of drugs and devices listed on the formulary, subject to all	122
of the following:	123

(1) The nurse shall personally furnish only antibiotics,	124
antifungals, scabicides, contraceptives, prenatal vitamins,	125
antihypertensives, drugs and devices used in the treatment of	126
diabetes, drugs and devices used in the treatment of asthma, and	127
drugs used in the treatment of dyslipidemia.	128

(2) The nurse shall not furnish the drugs and devices in	129
locations other than a health department operated by the board of	130
health of a city or general health district or the authority	131
having the duties of a board of health under section 3709.05 of	132
the Revised Code, a federally funded comprehensive primary care	133
clinic, or a nonprofit health care clinic or program.	134

(3) The nurse shall comply with all safety standards for	135
personally furnishing supplies of drugs and devices, as	136
established in rules adopted under section 4723.50 of the Revised	137
Code.	138

Sec. 4729.01. As used in this chapter:

139

(A) "Pharmacy," except when used in a context that refers to	140
the practice of pharmacy, means any area, room, rooms, place of	141
business, department, or portion of any of the foregoing where the	142
practice of pharmacy is conducted.	143

(B) "Practice of pharmacy" means providing pharmacist care	144
requiring specialized knowledge, judgment, and skill derived from	145
the principles of biological, chemical, behavioral, social,	146
pharmaceutical, and clinical sciences. As used in this division,	147
"pharmacist care" includes the following:	148

(1) Interpreting prescriptions;

149

(2) Dispensing drugs and drug therapy related devices;

150

(3) Compounding drugs;

151

(4) Counseling individuals with regard to their drug therapy,	152
recommending drug therapy related devices, and assisting in the	153
selection of drugs and appliances for treatment of common diseases	154
and injuries and providing instruction in the proper use of the	155
drugs and appliances;	156

(5) Performing drug regimen reviews with individuals by	157
discussing all of the drugs that the individual is taking and	158
explaining the interactions of the drugs;	159

(6) Performing drug utilization reviews with licensed health	160
professionals authorized to prescribe drugs when the pharmacist	161
determines that an individual with a prescription has a drug	162
regimen that warrants additional discussion with the prescriber;	163

(7) Advising an individual and the health care professionals	164
treating an individual with regard to the individual's drug	165
therapy;	166

(8) Acting pursuant to a consult agreement with a physician	167
authorized under Chapter 4731. of the Revised Code to practice	168
medicine and surgery or osteopathic medicine and surgery, if an	169
agreement has been established with the physician;	170

(9) Engaging in the administration of immunizations to the	171
extent authorized by section 4729.41 of the Revised Code.	172

(C) "Compounding" means the preparation, mixing, assembling,	173
packaging, and labeling of one or more drugs in any of the	174
following circumstances:	175

(1) Pursuant to a prescription issued by a licensed health	176
professional authorized to prescribe drugs;	177

(2) Pursuant to the modification of a prescription made in	178
accordance with a consult agreement;	179

(3) As an incident to research, teaching activities, or	180
chemical analysis;	181

(4) In anticipation of orders for drugs pursuant to	182
prescriptions, based on routine, regularly observed dispensing	183
patterns;	184

(5) Pursuant to a request made by a licensed health	185
professional authorized to prescribe drugs for a drug that is to	186
be used by the professional for the purpose of direct	187
administration to patients in the course of the professional's	188
practice, if all of the following apply:	189

(a) At the time the request is made, the drug is not	190
commercially available regardless of the reason that the drug is	191
not available, including the absence of a manufacturer for the	192
drug or the lack of a readily available supply of the drug from a	193
manufacturer.	194

(b) A limited quantity of the drug is compounded and provided	195
to the professional.	196

(c) The drug is compounded and provided to the professional	197
as an occasional exception to the normal practice of dispensing	198
drugs pursuant to patient-specific prescriptions.	199

(D) "Consult agreement" means an agreement to manage an	200
individual's drug therapy that has been entered into by a	201
pharmacist and a physician authorized under Chapter 4731. of the	202
Revised Code to practice medicine and surgery or osteopathic	203
medicine and surgery.	204

(E) "Drug" means:

205

(1) Any article recognized in the United States pharmacopoeia	206
and national formulary, or any supplement to them, intended for	207
use in the diagnosis, cure, mitigation, treatment, or prevention	208
of disease in humans or animals;	209

(2) Any other article intended for use in the diagnosis,	210
cure, mitigation, treatment, or prevention of disease in humans or	211
animals;	212

(3) Any article, other than food, intended to affect the	213
structure or any function of the body of humans or animals;	214

(4) Any article intended for use as a component of any	215
article specified in division (E)(1), (2), or (3) of this section;	216
but does not include devices or their components, parts, or	217
accessories.	218

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

219

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

220

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	221
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	222
required to bear a label containing the legend "Caution: Federal	223
law prohibits dispensing without prescription" or "Caution:	224
Federal law restricts this drug to use by or on the order of a	225
licensed veterinarian" or any similar restrictive statement, or	226
the drug may be dispensed only upon a prescription;	227

(b) Under Chapter 3715. or 3719. of the Revised Code, the	228
drug may be dispensed only upon a prescription.	229

(2) Any drug that contains a schedule V controlled substance	230
and that is exempt from Chapter 3719. of the Revised Code or to	231
which that chapter does not apply;	232

(3) Any drug intended for administration by injection into	233
the human body other than through a natural orifice of the human	234
body.	235

(G) "Federal drug abuse control laws" has the same meaning as	236
in section 3719.01 of the Revised Code.	237

(H) "Prescription" means a written, electronic, or oral order	238
for drugs or combinations or mixtures of drugs to be used by a	239
particular individual or for treating a particular animal, issued	240
by a licensed health professional authorized to prescribe drugs.	241

(I) "Licensed health professional authorized to prescribe	242
drugs" or "prescriber" means an individual who is authorized by	243
law to prescribe drugs or dangerous drugs or drug therapy related	244
devices in the course of the individual's professional practice,	245
including only the following:	246

(1) A dentist licensed under Chapter 4715. of the Revised	247
Code;	248

(2) A clinical nurse specialist, certified nurse-midwife, or	249
certified nurse practitioner who holds a certificate to prescribe	250
issued under section 4723.48 of the Revised Code;	251

(3) An optometrist licensed under Chapter 4725. of the	252
Revised Code to practice optometry under a therapeutic	253
pharmaceutical agents certificate;	254

(4) A physician authorized under Chapter 4731. of the Revised	255
Code to practice medicine and surgery, osteopathic medicine and	256
surgery, or podiatry;	257

(5) A physician assistant who holds a certificate to	258
prescribe issued under Chapter 4730. of the Revised Code;	259

(6) A veterinarian licensed under Chapter 4741. of the	260
Revised Code.	261

(J) "Sale" and "sell" include delivery, transfer, barter,	262
exchange, or gift, or offer therefor, and each such transaction	263
made by any person, whether as principal proprietor, agent, or	264
employee.	265

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	266
which the purpose of the purchaser is to resell the article	267
purchased or received by the purchaser.	268

(L) "Retail sale" and "sale at retail" mean any sale other	269
than a wholesale sale or sale at wholesale.	270

(M) "Retail seller" means any person that sells any dangerous	271
drug to consumers without assuming control over and responsibility	272
for its administration. Mere advice or instructions regarding	273
administration do not constitute control or establish	274
responsibility.	275

(N) "Price information" means the price charged for a	276
prescription for a particular drug product and, in an easily	277
understandable manner, all of the following:	278

(1) The proprietary name of the drug product;

279

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

280

(3) The strength of the drug product if the product contains	281
a single active ingredient or if the drug product contains more	282
than one active ingredient and a relevant strength can be	283
associated with the product without indicating each active	284
ingredient. The established name and quantity of each active	285
ingredient are required if such a relevant strength cannot be so	286
associated with a drug product containing more than one	287
ingredient.	288

(4) The dosage form;

289

(5) The price charged for a specific quantity of the drug	290
product. The stated price shall include all charges to the	291
consumer, including, but not limited to, the cost of the drug	292
product, professional fees, handling fees, if any, and a statement	293
identifying professional services routinely furnished by the	294
pharmacy. Any mailing fees and delivery fees may be stated	295
separately without repetition. The information shall not be false	296
or misleading.	297

(O) "Wholesale distributor of dangerous drugs" means a person	298
engaged in the sale of dangerous drugs at wholesale and includes	299
any agent or employee of such a person authorized by the person to	300
engage in the sale of dangerous drugs at wholesale.	301

(P) "Manufacturer of dangerous drugs" means a person, other	302
than a pharmacist, who manufactures dangerous drugs and who is	303
engaged in the sale of those dangerous drugs within this state.	304

(Q) "Terminal distributor of dangerous drugs" means a person	305
who is engaged in the sale of dangerous drugs at retail, or any	306
person, other than a wholesale distributor or a pharmacist, who	307
has possession, custody, or control of dangerous drugs for any	308
purpose other than for that person's own use and consumption, and	309
includes pharmacies, hospitals, nursing homes, and laboratories	310
and all other persons who procure dangerous drugs for sale or	311
other distribution by or under the supervision of a pharmacist or	312
licensed health professional authorized to prescribe drugs.	313

(R) "Promote to the public" means disseminating a	314
representation to the public in any manner or by any means, other	315
than by labeling, for the purpose of inducing, or that is likely	316
to induce, directly or indirectly, the purchase of a dangerous	317
drug at retail.	318

(S) "Person" includes any individual, partnership,	319
association, limited liability company, or corporation, the state,	320
any political subdivision of the state, and any district,	321
department, or agency of the state or its political subdivisions.	322

(T) "Finished dosage form" has the same meaning as in section	323
3715.01 of the Revised Code.	324

(U) "Generically equivalent drug" has the same meaning as in	325
section 3715.01 of the Revised Code.	326

(V) "Animal shelter" means a facility operated by a humane	327
society or any society organized under Chapter 1717. of the	328
Revised Code or a dog pound operated pursuant to Chapter 955. of	329
the Revised Code.	330

(W) "Food" has the same meaning as in section 3715.01 of the	331
Revised Code.	332

(X) "Pain management clinic" has the same meaning as in	333
section 4731.054 of the Revised Code.	334

Sec. 4729.071.  (A) As used in this section, "license" and	335
"applicant for an initial license" have the same meanings as in	336
section 4776.01 of the Revised Code, except that "license" as used	337
in both of those terms refers to the types of authorizations	338
otherwise issued or conferred under this chapter.	339

(B) In addition to any other eligibility requirement set	340
forth in this chapter, each applicant for an initial license shall	341
comply with sections 4776.01 to 4776.04 of the Revised Code. The	342
state board of pharmacy shall not grant a license to an applicant	343
for an initial license unless the applicant complies with sections	344
4776.01 to 4776.04 of the Revised Code and the board, in its	345
discretion, decides that the results of the criminal records check	346
do not make the applicant ineligible for a license issued pursuant	347
to section 4729.08, 4729.09, or 4729.11, or 4729.552 of the	348
Revised Code.	349

Sec. 4729.29. (A) Divisions (A) and (B) of section 4729.01	350
and section 4729.28 of the Revised Code do not do eitherany of	351
the following:	352

(1)(A) Apply to a licensed health professional authorized to	353
prescribe drugs or preventwho is acting within the prescriber's	354
scope of professional practice;	355

(B) Prevent a prescriber from personally furnishing the	356
prescriber's patients with drugs, within the prescriber's scope of	357
professional practice, that seem proper to the prescriber.	358

(2), as long as the drugs are furnished in accordance with	359
section 4729.291 of the Revised Code;	360

(C) Apply to the sale of oxygen, peritoneal dialysis	361
solutions, or the sale of drugs that are not dangerous drugs by a	362
retail dealer, in original packages when labeled as required by	363
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	364
21 U.S.C.A. 301, as amended.	365

(B) When a prescriber personally furnishes drugs to a patient	366
pursuant to division (A)(1) of this section, the prescriber shall	367
ensure that the drugs are labeled and packaged in accordance with	368
state and federal drug laws and any rules and regulations adopted	369
pursuant to those laws. Records of purchase and disposition of all	370
drugs personally furnished to patients shall be maintained by the	371
prescriber in accordance with state and federal drug statutes and	372
any rules adopted pursuant to those statutes.	373

When personally furnishing to a patient RU-486	374
(mifepristone), a prescriber is subject to section 2919.123 of the	375
Revised Code. A prescription for RU-486 (mifepristone) shall be in	376
writing and in accordance with section 2919.123 of the Revised	377
Code.	378

Sec. 4729.291.  (A) When a licensed health professional	379
authorized to prescribe drugs personally furnishes drugs to a	380
patient pursuant to division (B) of section 4729.29 of the Revised	381
Code, the prescriber shall ensure that the drugs are labeled and	382
packaged in accordance with state and federal drug laws and any	383
rules and regulations adopted pursuant to those laws. Records of	384
purchase and disposition of all drugs personally furnished to	385
patients shall be maintained by the prescriber in accordance with	386
state and federal drug statutes and any rules adopted pursuant to	387
those statutes.	388

(B) When personally furnishing to a patient RU-486	389
(mifepristone), a prescriber is subject to section 2919.123 of the	390
Revised Code. A prescription for RU-486 (mifepristone) shall be in	391
writing and in accordance with section 2919.123 of the Revised	392
Code.	393

(C) Except in the case of a veterinarian, a prescriber may	394
not do either of the following:	395

(1) In any thirty-day period, personally furnish an amount of	396
all controlled substances combined that exceeds a total of two	397
thousand five hundred dosage units;	398

(2) In any twenty-four-hour period, personally furnish to or	399
for a patient an amount of a controlled substance that exceeds the	400
amount necessary for the patient's use in a twenty-four-hour	401
period.	402

Sec. 4729.51.  (A) No person other than a registered	403
wholesale distributor of dangerous drugs shall possess for sale,	404
sell, distribute, or deliver, at wholesale, dangerous drugs,	405
except as follows:	406

(1) A pharmacist who is a licensed terminal distributor of	407
dangerous drugs or who is employed by a licensed terminal	408
distributor of dangerous drugs may make occasional sales of	409
dangerous drugs at wholesale;	410

(2) A licensed terminal distributor of dangerous drugs having	411
more than one establishment or place may transfer or deliver	412
dangerous drugs from one establishment or place for which a	413
license has been issued to the terminal distributor to another	414
establishment or place for which a license has been issued to the	415
terminal distributor if the license issued for each establishment	416
or place is in effect at the time of the transfer or delivery.	417

(B)(1) No registered wholesale distributor of dangerous drugs	418
shall possess for sale, or sell, at wholesale, dangerous drugs to	419
any person other than the following:	420

(a) AExcept as provided in division (B)(3) of this section,	421
a licensed health professional authorized to prescribe drugs;	422

(b) An optometrist licensed under Chapter 4725. of the	423
Revised Code who holds a topical ocular pharmaceutical agents	424
certificate;	425

(c) A registered wholesale distributor of dangerous drugs;

426

(d) A manufacturer of dangerous drugs;

427

(e) ASubject to division (B)(3) of this section, a licensed	428
terminal distributor of dangerous drugs, subject to division	429
(B)(2) of this section;	430

(f) Carriers or warehousers for the purpose of carriage or	431
storage;	432

(g) Terminal or wholesale distributors of dangerous drugs who	433
are not engaged in the sale of dangerous drugs within this state;	434

(h) An individual who holds a current license, certificate,	435
or registration issued under Title 47 of the Revised Code and has	436
been certified to conduct diabetes education by a national	437
certifying body specified in rules adopted by the state board of	438
pharmacy under section 4729.68 of the Revised Code, but only with	439
respect to insulin that will be used for the purpose of diabetes	440
education and only if diabetes education is within the	441
individual's scope of practice under statutes and rules regulating	442
the individual's profession;	443

(i) An individual who holds a valid certificate issued by a	444
nationally recognized S.C.U.B.A. diving certifying organization	445
approved by the state board of pharmacy board in rule, but only	446
with respect to medical oxygen that will be used for the purpose	447
of emergency care or treatment at the scene of a diving emergency;	448

(j) AExcept as provided in division (B)(2) of this section,	449
a business entity that is a corporation formed under division (B)	450
of section 1701.03 of the Revised Code, a limited liability	451
company formed under Chapter 1705. of the Revised Code, or a	452
professional association formed under Chapter 1785. of the Revised	453
Code if the entity has a sole shareholder who is a licensed health	454
professional authorized to prescribe drugs and is authorized to	455
provide the professional services being offered by the entity;	456

(k) AExcept as provided in division (B)(2) of this section,	457
a business entity that is a corporation formed under division (B)	458
of section 1701.03 of the Revised Code, a limited liability	459
company formed under Chapter 1705. of the Revised Code, a	460
partnership or a limited liability partnership formed under	461
Chapter 1775. of the Revised Code, or a professional association	462
formed under Chapter 1785. of the Revised Code, if, to be a	463
shareholder, member, or partner, an individual is required to be	464
licensed, certified, or otherwise legally authorized under Title	465
XLVII of the Revised Code to perform the professional service	466
provided by the entity and each such individual is a licensed	467
health professional authorized to prescribe drugs.	468

(2) No registered wholesaler of dangerous drugs shall possess	469
for sale, or sell, at wholesale, dangerous drugs to any of the	470
following:	471

(a) A prescriber who is employed by a pain management clinic	472
that is not licensed as a terminal distributor of dangerous drugs	473
with a pain management clinic classification issued under section	474
4729.552 of the Revised Code;	475

(b) A business entity described in division (B)(1)(j) of this	476
section that is, or is operating, a pain management clinic without	477
a license as a terminal distributor of dangerous drugs with a pain	478
management clinic classification issued under section 4729.552 of	479
the Revised Code;	480

(c) A business entity described in division (B)(1)(k) of this	481
section that is, or is operating, a pain management clinic without	482
a license as a terminal distributor of dangerous drugs with a pain	483
management clinic classification issued under section 4729.552 of	484
the Revised Code.	485

(3) No registered wholesale distributor of dangerous drugs	486
shall possess dangerous drugs for sale at wholesale, or sell such	487
drugs at wholesale, to a licensed terminal distributor of	488
dangerous drugs, except toas follows:	489

(a) AIn the case of a terminal distributor who haswith a	490
category I license, only dangerous drugs described in category I,	491
as defined in division (A)(1) of section 4729.54 of the Revised	492
Code;	493

(b) AIn the case of a terminal distributor who haswith a	494
category II license, only dangerous drugs described in category I	495
and category II, as defined in divisions (A)(1) and (2) of section	496
4729.54 of the Revised Code;	497

(c) AIn the case of a terminal distributor who haswith a	498
category III license, dangerous drugs described in category I,	499
category II, and category III, as defined in divisions (A)(1),	500
(2), and (3) of section 4729.54 of the Revised Code;	501

(d) AIn the case of a terminal distributor who haswith a	502
limited category I, II, or III license, only the dangerous drugs	503
specified in the certificate furnished by the terminal distributor	504
in accordance with section 4729.60 of the Revised Code.	505

(C)(1) Except as provided in division (C)(4) of this section,	506
no person shall sell, at retail, dangerous drugs.	507

(2) Except as provided in division (C)(4) of this section, no	508
person shall possess for sale, at retail, dangerous drugs.	509

(3) Except as provided in division (C)(4) of this section, no	510
person shall possess dangerous drugs.	511

(4) Divisions (C)(1), (2), and (3) of this section do not	512
apply to a registered wholesale distributor of dangerous drugs, a	513
licensed terminal distributor of dangerous drugs, or a person who	514
possesses, or possesses for sale or sells, at retail, a dangerous	515
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	516
4729., 4730., 4731., and 4741. of the Revised Code.	517

Divisions (C)(1), (2), and (3) of this section do not apply	518
to an individual who holds a current license, certificate, or	519
registration issued under Title XLVII of the Revised Code and has	520
been certified to conduct diabetes education by a national	521
certifying body specified in rules adopted by the state board of	522
pharmacy under section 4729.68 of the Revised Code, but only to	523
the extent that the individual possesses insulin or personally	524
supplies insulin solely for the purpose of diabetes education and	525
only if diabetes education is within the individual's scope of	526
practice under statutes and rules regulating the individual's	527
profession.	528

Divisions (C)(1), (2), and (3) of this section do not apply	529
to an individual who holds a valid certificate issued by a	530
nationally recognized S.C.U.B.A. diving certifying organization	531
approved by the state board of pharmacy board in rule, but only to	532
the extent that the individual possesses medical oxygen or	533
personally supplies medical oxygen for the purpose of emergency	534
care or treatment at the scene of a diving emergency.	535

(D) No licensed terminal distributor of dangerous drugs shall	536
purchase for the purpose of resale dangerous drugs from any person	537
other than a registered wholesale distributor of dangerous drugs,	538
except as follows:	539

(1) A licensed terminal distributor of dangerous drugs may	540
make occasional purchases of dangerous drugs for resale from a	541
pharmacist who is a licensed terminal distributor of dangerous	542
drugs or who is employed by a licensed terminal distributor of	543
dangerous drugs;	544

(2) A licensed terminal distributor of dangerous drugs having	545
more than one establishment or place may transfer or receive	546
dangerous drugs from one establishment or place for which a	547
license has been issued to the terminal distributor to another	548
establishment or place for which a license has been issued to the	549
terminal distributor if the license issued for each establishment	550
or place is in effect at the time of the transfer or receipt.	551

(E) No licensed terminal distributor of dangerous drugs shall	552
engage in the sale or other distribution of dangerous drugs at	553
retail or maintain possession, custody, or control of dangerous	554
drugs for any purpose other than the distributor's personal use or	555
consumption, at any establishment or place other than that or	556
those described in the license issued by the state board of	557
pharmacy to such terminal distributor.	558

(F) Nothing in this section shall be construed to interfere	559
with the performance of official duties by any law enforcement	560
official authorized by municipal, county, state, or federal law to	561
collect samples of any drug, regardless of its nature or in whose	562
possession it may be.	563

Sec. 4729.54.  (A) As used in this section and section	564
4729.541 of the Revised Code:	565

(1) "Category I" means single-dose injections of intravenous	566
fluids, including saline, Ringer's lactate, five per cent dextrose	567
and distilled water, and other intravenous fluids or parenteral	568
solutions included in this category by rule of the state board of	569
pharmacy, that have a volume of one hundred milliliters or more	570
and that contain no added substances, or single-dose injections of	571
epinephrine to be administered pursuant to sections 4765.38 and	572
4765.39 of the Revised Code.	573

(2) "Category II" means any dangerous drug that is not	574
included in category I or III.	575

(3) "Category III" means any controlled substance that is	576
contained in schedule I, II, III, IV, or V.	577

(4) "Emergency medical service organization" has the same	578
meaning as in section 4765.01 of the Revised Code.	579

(5) "Person" includes an emergency medical service	580
organization.	581

(6) "Schedule I, schedule II, schedule III, schedule IV, and	582
schedule V" mean controlled substance schedules I, II, III, IV,	583
and V, respectively, as established pursuant to section 3719.41 of	584
the Revised Code and as amended.	585

(B)(1) A person who desires to be licensed as a terminal	586
distributor of dangerous drugs shall file with the executive	587
director of the state board of pharmacy a verified application	588
that contains. After it is filed, the application may not be	589
withdrawn without approval of the board.	590

(2) An application shall contain all the following that apply	591
in the applicant's case:	592

(1)(a) Information that the board requires relative to the	593
qualifications of a terminal distributor of dangerous drugs set	594
forth in section 4729.55 of the Revised Code;	595

(2)(b) A statement that the person wishes to be licensed as a	596
category I, category II, category III, limited category I, limited	597
category II, or limited category III terminal distributor of	598
dangerous drugs;	599

(3)(c) If the person wishes to be licensed as a limited	600
category I, limited category II, or limited category III terminal	601
distributor of dangerous drugs, a notarized list of the dangerous	602
drugs that the person wishes to possess, have custody or control	603
of, and distribute, which list shall also specify the purpose for	604
which those drugs will be used and their source;	605

(4)(d) If the person is an emergency medical service	606
organization, the information that is specified in division (C)(1)	607
of this section;	608

(5)(e) Except for an emergency medical service organization,	609
the identity of the one establishment or place at which the person	610
intends to engage in the sale or other distribution of dangerous	611
drugs at retail, and maintain possession, custody, or control of	612
dangerous drugs for purposes other than the person's own use or	613
consumption;	614

(f) If the application pertains to a pain management clinic,	615
information that demonstrates, to the satisfaction of the board,	616
compliance with division (A) of section 4729.552 of the Revised	617
Code.	618

(C)(1) An emergency medical service organization that wishes	619
to be licensed as a terminal distributor of dangerous drugs shall	620
list in its application for licensure the following additional	621
information:	622

(a) The units under its control that the organization	623
determines will possess dangerous drugs for the purpose of	624
administering emergency medical services in accordance with	625
Chapter 4765. of the Revised Code;	626

(b) With respect to each such unit, whether the dangerous	627
drugs that the organization determines the unit will possess are	628
in category I, II, or III.	629

(2) An emergency medical service organization that is	630
licensed as a terminal distributor of dangerous drugs shall file a	631
new application for such licensure if there is any change in the	632
number, or location of, any of its units or any change in the	633
category of the dangerous drugs that any unit will possess.	634

(3) A unit listed in an application for licensure pursuant to	635
division (C)(1) of this section may obtain the dangerous drugs it	636
is authorized to possess from its emergency medical service	637
organization or, on a replacement basis, from a hospital pharmacy.	638
If units will obtain dangerous drugs from a hospital pharmacy, the	639
organization shall file, and maintain in current form, the	640
following items with the pharmacist who is responsible for the	641
hospital's terminal distributor of dangerous drugs license:	642

(a) A copy of its standing orders or protocol;

643

(b) A list of the personnel employed or used by the	644
organization to provide emergency medical services in accordance	645
with Chapter 4765. of the Revised Code, who are authorized to	646
possess the drugs, which list also shall indicate the personnel	647
who are authorized to administer the drugs.	648

(D) Each emergency medical service organization that applies	649
for a terminal distributor of dangerous drugs license shall submit	650
with its application the following:	651

(1) A notarized copy of its standing orders or protocol,	652
which orders or protocol shall be signed by a physician and	653
specify the dangerous drugs that its units may carry, expressed in	654
standard dose units;	655

(2) A list of the personnel employed or used by the	656
organization to provide emergency medical services in accordance	657
with Chapter 4765. of the Revised Code.	658

An emergency medical service organization that is licensed as	659
a terminal distributor shall notify the board immediately of any	660
changes in its standing orders or protocol.	661

(E) There shall be six categories of terminal distributor of	662
dangerous drugs licenses, which categories shall be as follows:	663

(1) Category I license. A person who obtains this license may	664
possess, have custody or control of, and distribute only the	665
dangerous drugs described in category I.	666

(2) Limited category I license. A person who obtains this	667
license may possess, have custody or control of, and distribute	668
only the dangerous drugs described in category I that were listed	669
in the application for licensure.	670

(3) Category II license. A person who obtains this license	671
may possess, have custody or control of, and distribute only the	672
dangerous drugs described in category I and category II.	673

(4) Limited category II license. A person who obtains this	674
license may possess, have custody or control of, and distribute	675
only the dangerous drugs described in category I or category II	676
that were listed in the application for licensure.	677

(5) Category III license, which may include a pain management	678
clinic classification issued under section 4729.552 of the Revised	679
Code. A person who obtains this license may possess, have custody	680
or control of, and distribute the dangerous drugs described in	681
category I, category II, and category III.	682

(6) Limited category III license. A person who obtains this	683
license may possess, have custody or control of, and distribute	684
only the dangerous drugs described in category I, category II, or	685
category III that were listed in the application for licensure.	686

(F) Except for an application made on behalf of an animal	687
shelter, if an applicant for licensure as a limited category I,	688
II, or III terminal distributor of dangerous drugs intends to	689
administer dangerous drugs to a person or animal, the applicant	690
shall submit, with the application, a notarized copy of its	691
protocol or standing orders, which protocol or orders shall be	692
signed by a licensed health professional authorized to prescribe	693
drugs, specify the dangerous drugs to be administered, and list	694
personnel who are authorized to administer the dangerous drugs in	695
accordance with federal law or the law of this state. An	696
application made on behalf of an animal shelter shall include a	697
notarized list of the dangerous drugs to be administered to	698
animals and the personnel who are authorized to administer the	699
drugs to animals in accordance with section 4729.532 of the	700
Revised Code. After obtaining a terminal distributor license, a	701
licensee shall notify the board immediately of any changes in its	702
protocol or standing orders, or in such personnel.	703

(G)(1) Except as provided in division (G)(2) of this section,	704
each applicant for licensure as a terminal distributor of	705
dangerous drugs shall submit, with the application, a license fee	706
determined as follows:	707

(a) For a category I or limited category I license,	708
forty-five dollars;	709

(b) For a category II or limited category II license, one	710
hundred twelve dollars and fifty cents;	711

(c) For a category III license, including a license with a	712
pain management clinic classification issued under section	713
4729.552 of the Revised Code, or a limited category III license,	714
one hundred fifty dollars.	715

(2) For a professional association, corporation, partnership,	716
or limited liability company organized for the purpose of	717
practicing veterinary medicine, the fee shall be forty dollars.	718

(3) Fees assessed under divisions (G)(1) and (2) of this	719
section shall not be returned if the applicant fails to qualify	720
for registration.	721

(H)(1) The board shall issue a terminal distributor of	722
dangerous drugs license to each person who submits an application	723
for such licensure in accordance with this section, pays the	724
required license fee, is determined by the board to meet the	725
requirements set forth in section 4729.55 of the Revised Code, and	726
satisfies any other applicable requirements of this section.	727

(2) The license of a person other than an emergency medical	728
service organization shall describe the one establishment or place	729
at which the licensee may engage in the sale or other distribution	730
of dangerous drugs at retail and maintain possession, custody, or	731
control of dangerous drugs for purposes other than the licensee's	732
own use or consumption. The one establishment or place shall be	733
that which is described in the application for licensure.	734

No such license shall authorize or permit the terminal	735
distributor of dangerous drugs named in it to engage in the sale	736
or other distribution of dangerous drugs at retail or to maintain	737
possession, custody, or control of dangerous drugs for any purpose	738
other than the distributor's own use or consumption, at any	739
establishment or place other than that described in the license,	740
except that an agent or employee of an animal shelter may possess	741
and use dangerous drugs in the course of business as provided in	742
division (D) of section 4729.532 of the Revised Code.	743

(3) The license of an emergency medical service organization	744
shall cover and describe all the units of the organization listed	745
in its application for licensure.	746

(4) The license of every terminal distributor of dangerous	747
drugs shall indicate, on its face, the category of licensure. If	748
the license is a limited category I, II, or III license, it shall	749
specify, and shall authorize the licensee to possess, have custody	750
or control of, and distribute only, the dangerous drugs that were	751
listed in the application for licensure.	752

(I) All licenses issued pursuant to this section shall be	753
effective for a period of twelve months from the first day of	754
January of each year. A license shall be renewed by the board for	755
a like period, annually, according to the provisions of this	756
section, and the standard renewal procedure of Chapter 4745. of	757
the Revised Code. A person who desires to renew a license shall	758
submit an application for renewal and pay the required fee on or	759
before the thirty-first day of December each year. The fee	760
required for the renewal of a license shall be the same as the fee	761
paid for the license being renewed, and shall accompany the	762
application for renewal.	763

A license that has not been renewed during December in any	764
year and by the first day of February of the following year may be	765
reinstated only upon payment of the required renewal fee and a	766
penalty fee of fifty-five dollars.	767

(J)(1) No emergency medical service organization that is	768
licensed as a terminal distributor of dangerous drugs shall fail	769
to comply with division (C)(2) or (3) of this section.	770

(2) No emergency medical service organization that is	771
licensed as a terminal distributor of dangerous drugs shall fail	772
to comply with division (D) of this section.	773

(3) No licensed terminal distributor of dangerous drugs shall	774
possess, have custody or control of, or distribute dangerous drugs	775
that the terminal distributor is not entitled to possess, have	776
custody or control of, or distribute by virtue of its category of	777
licensure.	778

(4) No licensee that is required by division (F) of this	779
section to notify the board of changes in its protocol or standing	780
orders, or in personnel, shall fail to comply with that division.	781

Sec. 4729.541. A person(A) Except as provided in division	782
(B) of this section, a business entity described in division	783
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may	784
possess, have custody or control of, and distribute the dangerous	785
drugs in category I, category II, and category III of section	786
4729.54 of the Revised Code without holding a terminal distributor	787
of dangerous drugs license issued under that section.	788

(B) If a business entity described in division (B)(1)(j) or	789
(k) of section 4729.51 of the Revised Code is a pain management	790
clinic or is operating a pain management clinic, the entity shall	791
hold a license as a terminal distributor of dangerous drugs with a	792
pain management clinic classification issued under section	793
4729.552 of the Revised Code.	794

Sec. 4729.55.  No license shall be issued to an applicant for	795
licensure as a terminal distributor of dangerous drugs unless the	796
applicant has furnished satisfactory proof to the state board of	797
pharmacy that:	798

(A) The applicant is equipped as to land, buildings, and	799
equipment to properly carry on the business of a terminal	800
distributor of dangerous drugs within the category of licensure	801
approved by the board.	802

(B) A pharmacist, licensed health professional authorized to	803
prescribe drugs, animal shelter licensed with the state board of	804
pharmacy under section 4729.531 of the Revised Code, or a	805
laboratory as defined in section 3719.01 of the Revised Code will	806
maintain supervision and control over the possession and custody	807
of dangerous drugs that may be acquired by or on behalf of the	808
applicant.	809

(C) Adequate safeguards are assured to prevent the sale or	810
other distribution of dangerous drugs by any person other than a	811
pharmacist or licensed health professional authorized to prescribe	812
drugs.	813

(D) Adequate safeguards are assured that the applicant will	814
carry on the business of a terminal distributor of dangerous drugs	815
in a manner that allows pharmacists and pharmacy interns employed	816
by the terminal distributor to practice pharmacy in a safe and	817
effective manner.	818

(E) If the applicant, or any agent or employee of the	819
applicant, has been found guilty of violating section 4729.51 of	820
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	821
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	822
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	823
or any rule of the board, adequate safeguards are assured to	824
prevent the recurrence of the violation.	825

(F) In the case of an applicant who is a food processor or	826
retail seller of food, the applicant will maintain supervision and	827
control over the possession and custody of nitrous oxide.	828

(G) In the case of an applicant who is a retail seller of	829
oxygen in original packages labeled as required by the "Federal	830
Food, Drug, and Cosmetic Act," the applicant will maintain	831
supervision and control over the possession, custody, and retail	832
sale of the oxygen.	833

(H) If the application is made on behalf of an animal	834
shelter, at least one of the agents or employees of the animal	835
shelter is certified in compliance with section 4729.532 of the	836
Revised Code.	837

(I) In the case of an applicant who is a retail seller of	838
peritoneal dialysis solutions in original packages labeled as	839
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	840
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	841
supervision and control over the possession, custody, and retail	842
sale of the peritoneal dialysis solutions.	843

(J) In the case of an applicant who is a pain management	844
clinic, the applicant meets the requirements to receive a license	845
with a pain management clinic classification issued under section	846
4729.552 of the Revised Code.	847

Sec. 4729.552. (A) To be eligible for a license as a category	848
III terminal distributor of dangerous drugs with a pain management	849
clinic classification, an applicant shall meet all of the	850
following requirements:	851

(1) Be in control of a facility that is owned and operated	852
solely by either of the following:	853

(a) One or more physicians authorized under Chapter 4731. of	854
the Revised Code to practice medicine and surgery or osteopathic	855
medicine and surgery;	856

(b) An entity described in division (B)(1)(j) or (k) of	857
section 4729.51 of the Revised Code.	858

(2) Ensure that any person employed by the facility complies	859
with the requirements for the operation of a pain management	860
clinic established by the state medical board in rules adopted	861
under section 4731.054 of the Revised Code;	862

(3) Require any person with ownership of the facility to	863
submit to a criminal records check in accordance with section	864
4776.02 of the Revised Code and send the results of the criminal	865
records check directly to the state board of pharmacy for review	866
and decision under section 4729.071 of the Revised Code;	867

(4) Require all employees of the facility to submit to a	868
criminal records check in accordance with section 4776.02 of the	869
Revised Code and ensure that no person is employed who has	870
previously been convicted of, or pleaded guilty to, any felony in	871
this state, another state, or the United States.	872

(B) If the state board of pharmacy determines that an	873
applicant meets the requirements of division (A) of this section	874
and any other applicable requirements under this chapter or	875
Chapter 3719. of the Revised Code, the board shall issue to the	876
applicant a license as a category III terminal distributor of	877
dangerous drugs and specify on the license that the terminal	878
distributor is classified as a pain management clinic.	879

(C) No person shall operate a facility that under this	880
chapter is subject to licensure as a category III terminal	881
distributor of dangerous drugs with a pain management clinic	882
classification without obtaining and maintaining the license with	883
the classification.	884

No person who holds a category III license with a pain	885
management clinic classification shall fail to remain in	886
compliance with the requirements of division (A) of this section	887
and any other applicable requirements under this chapter or	888
Chapter 3719. of the Revised Code.	889

(D) The board may impose a fine of not more than five	890
thousand dollars on a terminal distributor of dangerous drugs	891
license holder who violates division (C) of this section. A	892
separate fine may be imposed for each day the violation continues.	893

Sec. 4729.561. If the state board of pharmacy determines that	894
there is clear and convincing evidence that the method used by a	895
wholesale distributor of dangerous drugs to distribute controlled	896
substances presents a danger of immediate and serious harm to	897
others, the board may suspend the wholesale distributor's	898
registration certificate without a hearing. The board shall follow	899
the procedure for suspension without a prior hearing in section	900
119.07 of the Revised Code. The suspension shall remain in effect,	901
unless removed by the board, until the board's final adjudication	902
order becomes effective, except that if the board does not issue	903
its final adjudication order within ninety days after the hearing,	904
the suspension shall be void on the ninety-first day after the	905
suspension.	906

Sec. 4729.571. If the state board of pharmacy determines that	907
there is clear and convincing evidence that the method used by a	908
terminal distributor of dangerous drugs to distribute controlled	909
substances presents a danger of immediate and serious harm to	910
others, the board may suspend the terminal distributor's license	911
without a hearing. The board shall follow the procedure for	912
suspension without a prior hearing in section 119.07 of the	913
Revised Code. The suspension shall remain in effect, unless	914
removed by the board, until the board's final adjudication order	915
becomes effective, except that if the board does not issue its	916
final adjudication order within ninety days after the hearing, the	917
suspension shall be void on the ninety-first day after the	918
suspension.	919

If the terminal distributor holds a license with a pain	920
management clinic classification issued under section 4729.552 of	921
the Revised Code and the person holding the license also holds a	922
certificate issued under Chapter 4731. of the Revised Code to	923
practice medicine and surgery or osteopathic medicine and surgery,	924
prior to suspending the license without a hearing, the board shall	925
consult with the secretary of the state medical board or, if the	926
secretary is unavailable, another member of the board.	927

Sec. 4729.69. (A) The state board of pharmacy, in	928
collaboration with the director of alcohol and drug addiction	929
services and attorney general, shall establish and administer a	930
drug take-back program under which drugs are collected from the	931
community for the purpose of destruction or disposal of the drugs.	932

(B) The program shall be established and administered in such	933
a manner that it does both of the following:	934

(1) Complies with any state or federal laws regarding the	935
collection, destruction, or disposal of drugs;	936

(2) Maintains the confidentiality of individuals who submit	937
or otherwise provide drugs under the program.	938

(C) In consultation with the director of alcohol and drug	939
addiction services and attorney general, the board shall adopt	940
rules governing the program. The rules shall be adopted in	941
accordance with Chapter 119. of the Revised Code. In adopting the	942
rules, the board shall specify all of the following:	943

(1) The entities that may participate, including health care	944
providers, law enforcement personnel, universities, or	945
individuals;	946

(2) The drugs that may be collected;

947

(3) The schedule, duration, and frequency of collections of	948
drugs, except that the first collection shall occur not later than	949
December 31, 2011;	950

(4) Procedures for maintaining the confidentiality of	951
individuals who submit or otherwise provide drugs under the	952
program;	953

(5) Any other standards and procedures the board considers	954
necessary for purposes of governing the program.	955

(D) The board, director, and attorney general shall advertise	956
the program and otherwise inform the public about the program.	957

(E) Entities that participate in the program may compile data	958
on the amount and type of drugs collected. In compiling the data,	959
the entities shall protect the confidentiality of individuals who	960
submit or otherwise provide drugs to the program. The entities	961
shall not be reimbursed through the program for compiling the	962
data.	963

(F) Any costs of the program shall be divided equally between	964
the board, attorney general, and department of alcohol and drug	965
addiction services.	966

Sec. 4729.75. The state board of pharmacy may establish and	967
maintain a drug database. The board shall use the drug database to	968
monitor the misuse and diversion of controlled substances, as	969
defined in section 3719.01 of the Revised Code, and other	970
dangerous drugs the board includes in the database pursuant to	971
rules adopted under section 4729.834729.84 of the Revised Code.	972
In establishing and maintaining the database, the board shall	973
electronically collect information pursuant to sections 4729.77	974
and 4729.784729.79 of the Revised Code and shall disseminate	975
information as authorized or required by sections 4729.794729.80	976
and 4729.804729.81 of the Revised Code. The board's collection	977
and dissemination of information shall be conducted in accordance	978
with rules adopted under section 4729.834729.84 of the Revised	979
Code.	980

Sec. 4729.77. (A) If the state board of pharmacy establishes	981
and maintains a drug database pursuant to section 4729.75 of the	982
Revised Code, each pharmacy licensed as a terminal distributor of	983
dangerous drugs that dispenses drugs to patients in this state and	984
is included in the types of pharmacies specified in rules adopted	985
under section 4729.834729.84 of the Revised Code shall submit to	986
the board the following prescription information:	987

(1) Terminal distributor identification;

988

(2) Patient identification;

989

(3) Prescriber identification;

990

(4) Date prescription was issued by prescriber;

991

(5) Date prescription was dispensed;

992

(6) Indication of whether prescription dispensed is new or a	993
refill;	994

(7) Name, strength, and national drug code of the drug	995
dispensed;	996

(8) Quantity of drug dispensed;

997

(9) Number of days' supply of drug dispensed;

998

(10) Serial or prescription number assigned by the terminal	999
distributor;	1000

(11) Source of payment for the prescription.

1001

(B)(1) The information shall be transmitted as specified by	1002
the board in rules adopted under section 4729.834729.84 of the	1003
Revised Code.	1004

(1)(2) The information shall be submitted electronically in	1005
the format specified by the board, except that the board may grant	1006
a waiver allowing the distributor to submit the information in	1007
another format.	1008

(2)(3) The information shall be submitted in accordance with	1009
any time limits specified by the board, except that the board may	1010
grant an extension if either of the following occurs:	1011

(a) The distributor suffers a mechanical or electronic	1012
failure, or cannot meet the deadline for other reasons beyond the	1013
distributor's control.	1014

(b) The board is unable to receive electronic submissions.

1015

(C) This section does not apply to a prescriber personally	1016
furnishing or administering dangerous drugs to the prescriber's	1017
patient.	1018

Sec. 4729.78. (A) If the state board of pharmacy establishes	1019
and maintains a drug database pursuant to section 4729.75 of the	1020
Revised Code, each wholesale distributor of dangerous drugs that	1021
delivers drugs in this state to prescribers in this stateor	1022
terminal distributors of dangerous drugs shall submit to the board	1023
the following purchase information:	1024

(1) Purchaser identification;

1025

(2) Identification of the drug sold;

1026

(3) Quantity of the drug sold;

1027

(4) Date of sale;

1028

(5) The wholesale distributor's license number issued by the	1029
board.	1030

(B)(1) The information shall be transmitted as specified by	1031
the board in rules adopted under section 4729.834729.84 of the	1032
Revised Code.	1033

(1)(2) The information shall be submitted electronically in	1034
the format specified by the board, except that the board may grant	1035
a waiver allowing the distributor to submit the information in	1036
another format.	1037

(2)(3) The information shall be submitted in accordance with	1038
any time limits specified by the board, except that the board may	1039
grant an extension if either of the following occurs:	1040

(a) The distributor suffers a mechanical or electronic	1041
failure, or cannot meet the deadline for other reasons beyond the	1042
distributor's control.	1043

(b) The board is unable to receive electronic submissions.

1044

Sec. 4729.79.  (A) If the state board of pharmacy establishes	1045
and maintains a drug database pursuant to section 4729.75 of the	1046
Revised Code, each physician authorized under Chapter 4731. of the	1047
Revised Code to practice medicine and surgery or osteopathic	1048
medicine and surgery who personally furnishes a drug to a patient	1049
in this state shall submit to the board the following information:	1050

(1) Physician name;

1051

(2) Patient identification;

1052

(3) Date drug was furnished by the physician;

1053

(4) Indication of whether the drug furnished is new or a	1054
refill;	1055

(5) Name and strength of drug furnished;

1056

(6) Quantity of drug furnished;

1057

(7) Number of days' supply of drug furnished.

1058

(B)(1) The information shall be transmitted as specified by	1059
the board in rules adopted under section 4729.84 of the Revised	1060
Code.	1061

(2) The information shall be submitted electronically in the	1062
format specified by the board, except that the board may grant a	1063
waiver allowing the physician to submit the information in another	1064
format.	1065

(3) The information shall be submitted in accordance with any	1066
time limits specified by the board, except that the board may	1067
grant an extension if either of the following occurs:	1068

(a) The physician's transmission system suffers a mechanical	1069
or electronic failure, or the physician cannot meet the deadline	1070
for other reasons beyond the physician's control.	1071

(b) The board is unable to receive electronic submissions.

1072

(C) If the board becomes aware of a physician's failure to	1073
comply with this section, the board shall notify the state medical	1074
board.	1075

Sec. 4729.79.        Sec. 4729.80. (A) If the state board of pharmacy	1076
establishes and maintains a drug database pursuant to section	1077
4729.75 of the Revised Code, the board may provide information	1078
from the database in accordance with the following:	1079

(1) On receipt of a request from a designated representative	1080
of a government entity responsible for the licensure, regulation,	1081
or discipline of licensed health care professionals authorized	1082
with authority to prescribe, administer, or dispense drugs, the	1083
board may provide to the representative information from the	1084
database relating to the professional who is the subject of an	1085
active investigation being conducted by the government entity.	1086

(2) On receipt of a request from a federal officer, or a	1087
state or local officer of this or any other state, whose duties	1088
include enforcing laws relating to drugs, the board may provide to	1089
the officer information from the database relating to the person	1090
who is the subject of an active investigation of a drug abuse	1091
offense, as defined in section 2925.01 of the Revised Code, being	1092
conducted by the officer's employing government entity.	1093

(3) Pursuant to a subpoena issued by a grand jury, the board	1094
may provide to the grand jury information from the database	1095
relating to the person who is the subject of an investigation of	1096
any offense being conducted by the grand jury.	1097

(4) On receipt of a request from a pharmacist or prescriber	1098
or the prescriber's agent registered with the board, the board may	1099
provide to the requestorprescriber information from the database	1100
relating to a current patient of the requestorprescriber, if the	1101
requestorprescriber certifies in a form specified by the board	1102
that it is for the purpose of providing medical or pharmaceutical	1103
treatment to the patient who is the subject of the request.	1104

(5) On receipt of a request from a pharmacist, the board may	1105
provide to the pharmacist information from the database relating	1106
to a current patient of the pharmacist, if the pharmacist	1107
certifies in a form specified by the board that it is for the	1108
purpose of the pharmacist's practice of pharmacy involving the	1109
patient who is the subject of the request.	1110

(6) On receipt of a request from an individual seeking the	1111
individual's own database information in accordance with the	1112
procedure established in rules adopted under section 4729.83	1113
4729.84 of the Revised Code, the board may provide to the	1114
individual the individual's own database information.	1115

(7) On receipt of a request from a physician in compliance	1116
with section 4731.055 of the Revised Code, the board may provide	1117
information relating to a current patient of the physician.	1118

(8) On receipt of a request from the medical director of a	1119
managed care organization that has entered into a data security	1120
agreement with the board required by section 5111.1710 of the	1121
Revised Code, the board may provide to the medical director	1122
information from the database relating to a medicaid recipient	1123
enrolled in the managed care organization.	1124

(9) On receipt of a request from the director of job and	1125
family services, the board may provide to the director information	1126
from the database relating to a recipient of a program	1127
administered by the department of job and family services.	1128

(10) On receipt of a request from a requestor described in	1129
division (A)(1), (2), (4), or (5) of this section who is from or	1130
participating with another state's prescription monitoring	1131
program, the board may provide to the requestor information from	1132
the database, but only if there is a written agreement with that	1133
state under which the information is to be used and disseminated	1134
according to the laws of this state.	1135

(B) The state board of pharmacy shall maintain a record of	1136
each individual or entity that requests information from the	1137
database pursuant to this section. In accordance with rules	1138
adopted under section 4729.834729.84 of the Revised Code, the	1139
board may use the records to document and report statistics and	1140
law enforcement outcomes.	1141

The board may provide records of an individual's requests for	1142
database information to the following:	1143

(1) A designated representative of a government entity that	1144
is responsible for the licensure, regulation, or discipline of	1145
licensed health care professionals authorizedwith authority to	1146
prescribe, administer, or dispense drugs who is involved in an	1147
active investigation being conducted by the government entity of	1148
the individual who submitted the requests for database	1149
information;	1150

(2) A federal officer, or a state or local officer of this or	1151
any other state, whose duties include enforcing laws relating to	1152
drugs and who is involved in an active investigation being	1153
conducted by the officer's employing government entity of the	1154
individual who submitted the requests for database information.	1155

(C) Information contained in the database and any information	1156
obtained from it is not a public record. Information contained in	1157
the records of requests for information from the database is not a	1158
public record. Information that does not identify a person may be	1159
released in summary, statistical, or aggregate form.	1160

(D) Nothing in this section requires a pharmacist or	1161
prescriber to obtain information about a patient from the	1162
database. A pharmacist or prescriber shall not be held liable in	1163
damages to any person in any civil action for injury, death, or	1164
loss to person or property on the basis that the pharmacist or	1165
prescriber did or did not seek or obtain information from the	1166
database.	1167

Sec. 4729.80.        Sec. 4729.81. If the state board of pharmacy	1168
establishes and maintains a drug database pursuant to section	1169
4729.75 of the Revised Code, the board shall review the	1170
information in the drug database. If the board determines from the	1171
review that a violation of law may have occurred, it shall notify	1172
the appropriate law enforcement agency or a government entity	1173
responsible for the licensure, regulation, or discipline of	1174
licensed health care professionals authorized to prescribe drugs	1175
and supply information required by the agency or entity for an	1176
investigation of the violation of law that may have occurred.	1177

Sec. 4729.81.        Sec. 4729.82. If the state board of pharmacy	1178
establishes a drug database pursuant to section 4729.75 of the	1179
Revised Code, the information collected for the database shall be	1180
retained in the database for at least two years. TheAny	1181
information that identifies a patient shall then be destroyed	1182
after it has been retained for two years unless a law enforcement	1183
agency or a government entity responsible for the licensure,	1184
regulation, or discipline of licensed health care professionals	1185
authorized to prescribe drugs has submitted a written request to	1186
the board for retention of specificthe information in accordance	1187
with rules adopted by the board under section 4729.834729.84 of	1188
the Revised Code.	1189

Sec. 4729.82.        Sec. 4729.83. (A) If the state board of pharmacy	1190
establishes and maintains a drug database pursuant to section	1191
4729.75 of the Revised Code, the board shall not impose any charge	1192
on a terminal distributor of dangerous drugs, pharmacist, or	1193
prescriber for the establishment or maintenance of the database.	1194
The board shall not charge any fees for the transmission of data	1195
to the database or for the receipt of information from the	1196
database, except that the board may charge a fee in accordance	1197
with rules adopted under section 4729.834729.84 of the Revised	1198
Code to an individual who requests the individual's own database	1199
information under section 4729.794729.80 of the Revised Code.	1200

(B) The board may accept grants, gifts, or donations to	1201
operate the drug database. Such grants, gifts, or donations shall	1202
be deposited in the drug database fund, which is hereby created in	1203
the state treasury. Money in the fund shall be used solely for the	1204
operation of the drug database.	1205

Sec. 4729.83.        Sec. 4729.84. For purposes of establishing and	1206
maintaining a drug database pursuant to section 4729.75 of the	1207
Revised Code, the state board of pharmacy shall adopt rules in	1208
accordance with Chapter 119. of the Revised Code to carry out and	1209
enforce sections 4729.75 to 4729.824729.83 of the Revised Code.	1210
The rules shall specify all of the following:	1211

(A) A means of identifying each patient, terminal distributor	1212
of dangerous drugs, and each purchase at wholesale of dangerous	1213
drugs about which information is entered into the drug database;	1214

(B) Requirements for the transmission of information from	1215
terminal distributors andof dangerous drugs, wholesale	1216
distributors of dangerous drugs, and physicians for purposes of	1217
the database;	1218

(C) An electronic format for the submission of information	1219
from terminal distributors and, wholesale distributors of	1220
dangerous drugs, and physicians;	1221

(D) A procedure whereby a terminal distributor or a,	1222
wholesale distributor of dangerous drugs, or physician unable to	1223
submit information electronically may obtain a waiver to submit	1224
information in another format;	1225

(E) A procedure whereby the board may grant a request from a	1226
law enforcement agency or a government entity responsible for the	1227
licensure, regulation, or discipline of licensed health care	1228
professionals authorized to prescribe drugs that information that	1229
has been stored for two years be retained when the information	1230
pertains to an open investigation being conducted by the agency or	1231
entity;	1232

(F) A procedure whereby a terminal ordistributor, wholesale	1233
distributor, or physician may apply for an extension to the time	1234
by which information must be transmitted to the board;	1235

(G) A procedure whereby a person or government entity to	1236
which the board is authorized to provide information may submit a	1237
request to the board for the information and the board may verify	1238
the identity of the requestor;	1239

(H) A procedure whereby the board can use the database	1240
request records required by division (B) of section 4729.79	1241
4729.80 of the Revised Code to document and report statistics and	1242
law enforcement outcomes;	1243

(I) A procedure whereby an individual may request the	1244
individual's own database information and the board may verify the	1245
identity of the requestor;	1246

(J) A reasonable fee that the board may charge under section	1247
4729.824729.83 of the Revised Code for providing an individual	1248
with the individual's own database information pursuant to section	1249
4729.794729.80 of the Revised Code;	1250

(K) The specific dangerous drugs other than controlled	1251
substances that must be included in the database;	1252

(L) The types of pharmacies licensed as terminal distributors	1253
of dangerous drugs that are required to submit prescription	1254
information to the board pursuant to section 4729.77 of the	1255
Revised Code.	1256

Sec. 4729.84.        Sec. 4729.85. (A) If the state board of pharmacy	1257
establishes and maintains a drug database pursuant to section	1258
4729.75 of the Revised Code, the board shall present a biennial	1259
report to the standing committees of the house of representatives	1260
and the senate that are primarily responsible for considering	1261
health and human services issues. The initial report shall be	1262
presented not later than two years after the database is	1263
established.	1264

(B) Each report presented under this section shall include	1265
all of the following:	1266

(1) The cost to the state of establishing and maintaining the	1267
database;	1268

(2) Information from terminal distributors of dangerous	1269
drugs, prescribers, and the board regarding the board's	1270
effectiveness in providing information from the database;	1271

(3) The board's timeliness in transmitting information from	1272
the database.	1273

Sec. 4729.86. (A)(1) No person identified in divisions (A)(1)	1274
to (9) or (B) of section 4729.80 of the Revised Code shall	1275
disseminate any written or electronic document received from the	1276
drug database to any person not authorized to receive a document	1277
from the drug database.	1278

(2) No person shall provide false information to the state	1279
board of pharmacy with the intent to obtain information contained	1280
in the drug database.	1281

(3) No person shall obtain drug database information by any	1282
means except as provided under divisions (A) and (B) of section	1283
4729.80 of the Revised Code.	1284

(B)(1) A person shall not use a document obtained pursuant to	1285
division (A) of section 4729.80 of the Revised Code as evidence in	1286
any civil, criminal, or administrative proceeding.	1287

(2) If a person does not comply with division (B)(1) of this	1288
section, the state board of pharmacy may restrict the person from	1289
obtaining further information from the drug database. The extent	1290
to which the person is restricted shall be determined by the	1291
board.	1292

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	1293
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	1294
Code is guilty of a minor misdemeanor. Each day's violation	1295
constitutes a separate offense.	1296

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	1297
the Revised Code is guilty of a misdemeanor of the third degree.	1298
Each day's violation constitutes a separate offense. If the	1299
offender previously has been convicted of or pleaded guilty to a	1300
violation of this chapter, that person is guilty of a misdemeanor	1301
of the second degree.	1302

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	1303
the Revised Code is guilty of a misdemeanor.	1304

(D) Whoever violates division (A), (B), (D), or (E) of	1305
section 4729.51 of the Revised Code is guilty of a misdemeanor of	1306
the first degree.	1307

(E)(1) Whoever violates section 4729.37, division (C)(2) of	1308
section 4729.51, division (J) of section 4729.54, or section	1309
4729.61 of the Revised Code is guilty of a felony of the fifth	1310
degree. If the offender previously has been convicted of or	1311
pleaded guilty to a violation of this chapter or a violation of	1312
Chapter 2925. or 3719. of the Revised Code, that person is guilty	1313
of a felony of the fourth degree.	1314

(2) If an offender is convicted of or pleads guilty to a	1315
violation of section 4729.37, division (C) of section 4729.51,	1316
division (J) of section 4729.54, or section 4729.61 of the Revised	1317
Code, if the violation involves the sale, offer to sell, or	1318
possession of a schedule I or II controlled substance, with the	1319
exception of marihuana, and if the court imposing sentence upon	1320
the offender finds that the offender as a result of the violation	1321
is a major drug offender, as defined in section 2929.01 of the	1322
Revised Code, and is guilty of a specification of the type	1323
described in section 2941.1410 of the Revised Code, the court, in	1324
lieu of the prison term authorized or required by division (E)(1)	1325
of this section and sections 2929.13 and 2929.14 of the Revised	1326
Code and in addition to any other sanction imposed for the offense	1327
under sections 2929.11 to 2929.18 of the Revised Code, shall	1328
impose upon the offender, in accordance with division (D)(3)(a) of	1329
section 2929.14 of the Revised Code, the mandatory prison term	1330
specified in that division and may impose an additional prison	1331
term under division (D)(3)(b) of that section.	1332

(3) Notwithstanding any contrary provision of section 3719.21	1333
of the Revised Code, the clerk of court shall pay any fine imposed	1334
for a violation of section 4729.37, division (C) of section	1335
4729.51, division (J) of section 4729.54, or section 4729.61 of	1336
the Revised Code pursuant to division (A) of section 2929.18 of	1337
the Revised Code in accordance with and subject to the	1338
requirements of division (F) of section 2925.03 of the Revised	1339
Code. The agency that receives the fine shall use the fine as	1340
specified in division (F) of section 2925.03 of the Revised Code.	1341

(F) Whoever violates section 4729.531 of the Revised Code or	1342
any rule adopted thereunder or section 4729.532 of the Revised	1343
Code is guilty of a misdemeanor of the first degree.	1344

(G) Whoever violates division (C)(1) of section 4729.51 of	1345
the Revised Code is guilty of a felony of the fourth degree. If	1346
the offender has previously been convicted of or pleaded guilty to	1347
a violation of this chapter, or of a violation of Chapter 2925. or	1348
3719. of the Revised Code, that person is guilty of a felony of	1349
the third degree.	1350

(H) Whoever violates division (C)(3) of section 4729.51 of	1351
the Revised Code is guilty of a misdemeanor of the first degree.	1352
If the offender has previously been convicted of or pleaded guilty	1353
to a violation of this chapter, or of a violation of Chapter 2925.	1354
or 3719. of the Revised Code, that person is guilty of a felony of	1355
the fifth degree.	1356

(I)(1) Whoever violates division (B) of section 4729.42 of	1357
the Revised Code is guilty of unauthorized pharmacy-related drug	1358
conduct. Except as otherwise provided in this section,	1359
unauthorized pharmacy-related drug conduct is a misdemeanor of the	1360
second degree. If the offender previously has been convicted of or	1361
pleaded guilty to a violation of division (B), (C), (D), or (E) of	1362
that section, unauthorized pharmacy-related drug conduct is a	1363
misdemeanor of the first degree on a second offense and a felony	1364
of the fifth degree on a third or subsequent offense.	1365

(2) Whoever violates division (C) or (D) of section 4729.42	1366
of the Revised Code is guilty of permitting unauthorized	1367
pharmacy-related drug conduct. Except as otherwise provided in	1368
this section, permitting unauthorized pharmacy-related drug	1369
conduct is a misdemeanor of the second degree. If the offender	1370
previously has been convicted of or pleaded guilty to a violation	1371
of division (B), (C), (D), or (E) of that section, permitting	1372
unauthorized pharmacy-related drug conduct is a misdemeanor of the	1373
first degree on a second offense and a felony of the fifth degree	1374
on a third or subsequent offense.	1375

(3) Whoever violates division (E) of section 4729.42 of the	1376
Revised Code is guilty of the offense of falsification under	1377
section 2921.13 of the Revised Code. In addition to any other	1378
sanction imposed for the violation, the offender is forever	1379
disqualified from engaging in any activity specified in division	1380
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	1381
from performing any function as a health care professional or	1382
health care worker. As used in this division, "health care	1383
professional" and "health care worker" have the same meanings as	1384
in section 2305.234 of the Revised Code.	1385

(4) Notwithstanding any contrary provision of section 3719.21	1386
of the Revised Code or any other provision of law that governs the	1387
distribution of fines, the clerk of the court shall pay any fine	1388
imposed pursuant to division (I)(1), (2), or (3) of this section	1389
to the state board of pharmacy if the board has adopted a written	1390
internal control policy under division (F)(2) of section 2925.03	1391
of the Revised Code that addresses fine moneys that it receives	1392
under Chapter 2925. of the Revised Code and if the policy also	1393
addresses fine moneys paid under this division. The state board of	1394
pharmacy shall use the fines so paid in accordance with the	1395
written internal control policy to subsidize the board's law	1396
enforcement efforts that pertain to drug offenses.	1397

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	1398
the Revised Code is guilty of a misdemeanor of the third degree.	1399
If the offender has previously been convicted of or pleaded guilty	1400
to a violation of section 4729.86 of the Revised Code, that person	1401
is guilty of a misdemeanor of the first degree.	1402

(2) Whoever violates division (A)(2) of section 4729.86 of	1403
the Revised Code is guilty of a misdemeanor of the first degree.	1404
If the offender has previously been convicted of or pleaded guilty	1405
to a violation of section 4729.86 of the Revised Code, that person	1406
is guilty of a felony of the fifth degree.	1407

(3) Whoever violates division (A)(3) of section 4729.86 of	1408
the Revised Code is guilty of a felony of the fifth degree. If the	1409
offender has previously been convicted of or pleaded guilty to a	1410
violation of section 4729.86 of the Revised Code, that person is	1411
guilty of a felony of the fourth degree.	1412

(K) A person who violates division (C) of section 4729.552 of	1413
the Revised Code is guilty of a misdemeanor of the first degree.	1414
If the person previously has been convicted of or pleaded guilty	1415
to a violation of section 4729.552 of the Revised Code, that	1416
person is guilty of a felony of the fifth degree.	1417

(L) Whoever violates division (C) of section 4729.291 of the	1418
Revised Code shall be fined five thousand dollars. Each instance	1419
of a violation is subject to a fine. This penalty is in addition	1420
to any action taken by the state board of pharmacy under section	1421
4729.57 of the Revised Code.	1422

Sec. 4731.052.  (A) As used in this section:

1423

(1) "Dangerous drug" has the same meaning as in section	1424
4729.01 of the Revised Code.	1425

(2) "Intractable pain" means a state of pain that is	1426
determined, after reasonable medical efforts have been made to	1427
relieve the pain or cure its cause, to have a cause for which no	1428
treatment or cure is possible or for which none has been found	1429
Chronic pain" means pain that has persisted after reasonable	1430
medical efforts have been made to relieve the pain or cure its	1431
cause and that has continued, either continuously or episodically,	1432
for longer than three continuous months. "Chronic pain" does not	1433
include pain associated with a terminal condition or with a	1434
progressive disease that, in the normal course of progression, may	1435
reasonably be expected to result in a terminal condition.	1436

(3) "Physician" means an individual authorized under this	1437
chapter to practice medicine and surgery or osteopathic medicine	1438
and surgery.	1439

(B) The state medical board shall adopt rules in accordance	1440
with Chapter 119. of the Revised Code that establish standards and	1441
procedures to be followed by physicians in the diagnosis and	1442
treatment of intractablechronic pain, including standards for	1443
managing intractablechronic pain by prescribing, personally	1444
furnishing, or administering dangerous drugs in amounts or	1445
combinations that may not be appropriate when treating other	1446
medical conditions. In developing the rules, the board shall	1447
consult with and permit review by physicians who are experienced	1448
in the diagnosis and treatment of intractablechronic pain.	1449

(C) When a physician diagnoses an individual as having	1450
intractablechronic pain, the physician may treat the pain by	1451
managing it with dangerous drugs in amounts or combinations that	1452
may not be appropriate when treating other medical conditions. The	1453
physician's diagnosis shall be made after having the individual	1454
evaluated by one or more other physicians who specialize in the	1455
treatment of the area, system, or organ of the body perceived as	1456
the source of the pain. The physician's diagnosis and treatment	1457
decisions shall be made according to accepted and prevailing	1458
standards for medical care. The physician shall maintain a record	1459
of all of the following:	1460

(1) Medical history and physical examination of the	1461
individual;	1462

(2) The diagnosis of intractablechronic pain, including	1463
signs, symptoms, and causes;	1464

(3) The plan of treatment proposed, the patient's response to	1465
treatment, and any modification to the plan of treatment;	1466

(4) The dates on which dangerous drugs were prescribed,	1467
furnished, or administered, the name and address of the individual	1468
to or for whom the dangerous drugs were prescribed, dispensed, or	1469
administered, and the amounts and dosage forms for the dangerous	1470
drugs prescribed, furnished, or administered;	1471

(5) A copy of the report made by the physician or the	1472
physician to whom referral for evaluation was made under this	1473
division.	1474

(D) A physician who treats intractablechronic pain by	1475
managing it with dangerous drugs is not subject to disciplinary	1476
action by the board under section 4731.22 of the Revised Code	1477
solely because the physician treated the intractablechronic pain	1478
with dangerous drugs. The physician is subject to disciplinary	1479
action only if the dangerous drugs are not prescribed, furnished,	1480
or administered in accordance with this section and the rules	1481
adopted under it.	1482

Sec. 4731.054. (A) As used in this section:

1483

(1) "Chronic pain" has the same meaning as in section	1484
4731.052 of the Revised Code.	1485

(2) "Controlled substance" has the same meaning as in section	1486
3719.01 of the Revised Code.	1487

(3) "Narcotic drug" has the same meaning as in section	1488
3719.01 of the Revised Code.	1489

(4)(a) "Pain management clinic" means a facility to which	1490
both of the following apply:	1491

(i) The facility, as the primary component of its practice,	1492
provides treatment for pain;	1493

(ii) The majority of patients at the facility are provided	1494
treatment for chronic pain with the use of controlled substances	1495
that are narcotic drugs or with the use of tramadol.	1496

(b) "Pain management clinic" does not include any of the	1497
following:	1498

(i) A hospital registered with the department of health under	1499
section 3701.07 of the Revised Code, a facility owned by such a	1500
hospital, or a facility located inside or on property owned by	1501
such a hospital;	1502

(ii) A medical or dental school that is part of or affiliated	1503
with a state institution of higher education or an institution	1504
that holds a certificate of authorization issued by the Ohio board	1505
of regents under section 1713.02 of the Revised Code or a facility	1506
affiliated with such a medical or dental school;	1507

(iii) A hospice program licensed under Chapter 3712. of the	1508
Revised Code.	1509

(5) "Physician" means an individual authorized under this	1510
chapter to practice medicine and surgery or osteopathic medicine	1511
and surgery.	1512

(B) The state medical board shall adopt rules in accordance	1513
with Chapter 119. of the Revised Code that establish both of the	1514
following:	1515

(1) Standards and procedures for the operation of a pain	1516
management clinic by a physician;	1517

(2) Standards and procedures to be followed by physicians who	1518
provide care at pain management clinics.	1519

(C) The board may impose a penalty of not more than twenty	1520
thousand dollars on a physician who fails to comply with rules	1521
adopted under division (B) of this section. The penalty may be in	1522
addition to or in lieu of any other action that may be taken by	1523
the board under section 4731.22 of the Revised Code. The board	1524
shall deposit any amounts received under this division in	1525
accordance with section 4731.24 of the Revised Code.	1526

Sec. 4731.055. (A) As used in this section:

1527

(1) "Drug database" means the database established and	1528
maintained by the state board of pharmacy pursuant to section	1529
4729.75 of the Revised Code.	1530

(2) "Physician" means an individual authorized under this	1531
chapter to practice medicine and surgery or osteopathic medicine	1532
and surgery.	1533

(B) The state medical board shall adopt rules in accordance	1534
with Chapter 119. of the Revised Code that establish standards and	1535
procedures to be followed by physicians regarding the review of	1536
patient information available through the drug database.	1537

(C) This section and the rules adopted under it do not apply	1538
if the state board of pharmacy no longer maintains the drug	1539
database.	1540

Sec. 4731.22.  (A) The state medical board, by an affirmative	1541
vote of not fewer than six of its members, may revoke or may	1542
refuse to grant a certificate to a person found by the board to	1543
have committed fraud during the administration of the examination	1544
for a certificate to practice or to have committed fraud,	1545
misrepresentation, or deception in applying for or securing any	1546
certificate to practice or certificate of registration issued by	1547
the board.	1548

(B) The board, by an affirmative vote of not fewer than six	1549
members, shall, to the extent permitted by law, limit, revoke, or	1550
suspend an individual's certificate to practice, refuse to	1551
register an individual, refuse to reinstate a certificate, or	1552
reprimand or place on probation the holder of a certificate for	1553
one or more of the following reasons:	1554

(1) Permitting one's name or one's certificate to practice or	1555
certificate of registration to be used by a person, group, or	1556
corporation when the individual concerned is not actually	1557
directing the treatment given;	1558

(2) Failure to maintain minimal standards applicable to the	1559
selection or administration of drugs, or failure to employ	1560
acceptable scientific methods in the selection of drugs or other	1561
modalities for treatment of disease;	1562

(3) Selling, giving away, personally furnishing, prescribing,	1563
or administering drugs for other than legal and legitimate	1564
therapeutic purposes or a plea of guilty to, a judicial finding of	1565
guilt of, or a judicial finding of eligibility for intervention in	1566
lieu of conviction of, a violation of any federal or state law	1567
regulating the possession, distribution, or use of any drug;	1568

(4) Willfully betraying a professional confidence.

1569

For purposes of this division, "willfully betraying a	1570
professional confidence" does not include providing any	1571
information, documents, or reports to a child fatality review	1572
board under sections 307.621 to 307.629 of the Revised Code and	1573
does not include the making of a report of an employee's use of a	1574
drug of abuse, or a report of a condition of an employee other	1575
than one involving the use of a drug of abuse, to the employer of	1576
the employee as described in division (B) of section 2305.33 of	1577
the Revised Code. Nothing in this division affects the immunity	1578
from civil liability conferred by that section upon a physician	1579
who makes either type of report in accordance with division (B) of	1580
that section. As used in this division, "employee," "employer,"	1581
and "physician" have the same meanings as in section 2305.33 of	1582
the Revised Code.	1583

(5) Making a false, fraudulent, deceptive, or misleading	1584
statement in the solicitation of or advertising for patients; in	1585
relation to the practice of medicine and surgery, osteopathic	1586
medicine and surgery, podiatric medicine and surgery, or a limited	1587
branch of medicine; or in securing or attempting to secure any	1588
certificate to practice or certificate of registration issued by	1589
the board.	1590

As used in this division, "false, fraudulent, deceptive, or	1591
misleading statement" means a statement that includes a	1592
misrepresentation of fact, is likely to mislead or deceive because	1593
of a failure to disclose material facts, is intended or is likely	1594
to create false or unjustified expectations of favorable results,	1595
or includes representations or implications that in reasonable	1596
probability will cause an ordinarily prudent person to	1597
misunderstand or be deceived.	1598

(6) A departure from, or the failure to conform to, minimal	1599
standards of care of similar practitioners under the same or	1600
similar circumstances, whether or not actual injury to a patient	1601
is established;	1602

(7) Representing, with the purpose of obtaining compensation	1603
or other advantage as personal gain or for any other person, that	1604
an incurable disease or injury, or other incurable condition, can	1605
be permanently cured;	1606

(8) The obtaining of, or attempting to obtain, money or	1607
anything of value by fraudulent misrepresentations in the course	1608
of practice;	1609

(9) A plea of guilty to, a judicial finding of guilt of, or a	1610
judicial finding of eligibility for intervention in lieu of	1611
conviction for, a felony;	1612

(10) Commission of an act that constitutes a felony in this	1613
state, regardless of the jurisdiction in which the act was	1614
committed;	1615

(11) A plea of guilty to, a judicial finding of guilt of, or	1616
a judicial finding of eligibility for intervention in lieu of	1617
conviction for, a misdemeanor committed in the course of practice;	1618

(12) Commission of an act in the course of practice that	1619
constitutes a misdemeanor in this state, regardless of the	1620
jurisdiction in which the act was committed;	1621

(13) A plea of guilty to, a judicial finding of guilt of, or	1622
a judicial finding of eligibility for intervention in lieu of	1623
conviction for, a misdemeanor involving moral turpitude;	1624

(14) Commission of an act involving moral turpitude that	1625
constitutes a misdemeanor in this state, regardless of the	1626
jurisdiction in which the act was committed;	1627

(15) Violation of the conditions of limitation placed by the	1628
board upon a certificate to practice;	1629

(16) Failure to pay license renewal fees specified in this	1630
chapter;	1631

(17) Except as authorized in section 4731.31 of the Revised	1632
Code, engaging in the division of fees for referral of patients,	1633
or the receiving of a thing of value in return for a specific	1634
referral of a patient to utilize a particular service or business;	1635

(18) Subject to section 4731.226 of the Revised Code,	1636
violation of any provision of a code of ethics of the American	1637
medical association, the American osteopathic association, the	1638
American podiatric medical association, or any other national	1639
professional organizations that the board specifies by rule. The	1640
state medical board shall obtain and keep on file current copies	1641
of the codes of ethics of the various national professional	1642
organizations. The individual whose certificate is being suspended	1643
or revoked shall not be found to have violated any provision of a	1644
code of ethics of an organization not appropriate to the	1645
individual's profession.	1646

For purposes of this division, a "provision of a code of	1647
ethics of a national professional organization" does not include	1648
any provision that would preclude the making of a report by a	1649
physician of an employee's use of a drug of abuse, or of a	1650
condition of an employee other than one involving the use of a	1651
drug of abuse, to the employer of the employee as described in	1652
division (B) of section 2305.33 of the Revised Code. Nothing in	1653
this division affects the immunity from civil liability conferred	1654
by that section upon a physician who makes either type of report	1655
in accordance with division (B) of that section. As used in this	1656
division, "employee," "employer," and "physician" have the same	1657
meanings as in section 2305.33 of the Revised Code.	1658

(19) Inability to practice according to acceptable and	1659
prevailing standards of care by reason of mental illness or	1660
physical illness, including, but not limited to, physical	1661
deterioration that adversely affects cognitive, motor, or	1662
perceptive skills.	1663

In enforcing this division, the board, upon a showing of a	1664
possible violation, may compel any individual authorized to	1665
practice by this chapter or who has submitted an application	1666
pursuant to this chapter to submit to a mental examination,	1667
physical examination, including an HIV test, or both a mental and	1668
a physical examination. The expense of the examination is the	1669
responsibility of the individual compelled to be examined. Failure	1670
to submit to a mental or physical examination or consent to an HIV	1671
test ordered by the board constitutes an admission of the	1672
allegations against the individual unless the failure is due to	1673
circumstances beyond the individual's control, and a default and	1674
final order may be entered without the taking of testimony or	1675
presentation of evidence. If the board finds an individual unable	1676
to practice because of the reasons set forth in this division, the	1677
board shall require the individual to submit to care, counseling,	1678
or treatment by physicians approved or designated by the board, as	1679
a condition for initial, continued, reinstated, or renewed	1680
authority to practice. An individual affected under this division	1681
shall be afforded an opportunity to demonstrate to the board the	1682
ability to resume practice in compliance with acceptable and	1683
prevailing standards under the provisions of the individual's	1684
certificate. For the purpose of this division, any individual who	1685
applies for or receives a certificate to practice under this	1686
chapter accepts the privilege of practicing in this state and, by	1687
so doing, shall be deemed to have given consent to submit to a	1688
mental or physical examination when directed to do so in writing	1689
by the board, and to have waived all objections to the	1690
admissibility of testimony or examination reports that constitute	1691
a privileged communication.	1692

(20) Except when civil penalties are imposed under section	1693
4731.225 or 4731.281 of the Revised Code, and subject to section	1694
4731.226 of the Revised Code, violating or attempting to violate,	1695
directly or indirectly, or assisting in or abetting the violation	1696
of, or conspiring to violate, any provisions of this chapter or	1697
any rule promulgated by the board.	1698

This division does not apply to a violation or attempted	1699
violation of, assisting in or abetting the violation of, or a	1700
conspiracy to violate, any provision of this chapter or any rule	1701
adopted by the board that would preclude the making of a report by	1702
a physician of an employee's use of a drug of abuse, or of a	1703
condition of an employee other than one involving the use of a	1704
drug of abuse, to the employer of the employee as described in	1705
division (B) of section 2305.33 of the Revised Code. Nothing in	1706
this division affects the immunity from civil liability conferred	1707
by that section upon a physician who makes either type of report	1708
in accordance with division (B) of that section. As used in this	1709
division, "employee," "employer," and "physician" have the same	1710
meanings as in section 2305.33 of the Revised Code.	1711

(21) The violation of section 3701.79 of the Revised Code or	1712
of any abortion rule adopted by the public health council pursuant	1713
to section 3701.341 of the Revised Code;	1714

(22) Any of the following actions taken by the agency	1715
responsible for regulating the practice of medicine and surgery,	1716
osteopathic medicine and surgery, podiatric medicine and surgery,	1717
or the limited branches of medicine in another jurisdiction, for	1718
any reason other than the nonpayment of fees: the limitation,	1719
revocation, or suspension of an individual's license to practice;	1720
acceptance of an individual's license surrender; denial of a	1721
license; refusal to renew or reinstate a license; imposition of	1722
probation; or issuance of an order of censure or other reprimand;	1723

(23) The violation of section 2919.12 of the Revised Code or	1724
the performance or inducement of an abortion upon a pregnant woman	1725
with actual knowledge that the conditions specified in division	1726
(B) of section 2317.56 of the Revised Code have not been satisfied	1727
or with a heedless indifference as to whether those conditions	1728
have been satisfied, unless an affirmative defense as specified in	1729
division (H)(2) of that section would apply in a civil action	1730
authorized by division (H)(1) of that section;	1731

(24) The revocation, suspension, restriction, reduction, or	1732
termination of clinical privileges by the United States department	1733
of defense or department of veterans affairs or the termination or	1734
suspension of a certificate of registration to prescribe drugs by	1735
the drug enforcement administration of the United States	1736
department of justice;	1737

(25) Termination or suspension from participation in the	1738
medicare or medicaid programs by the department of health and	1739
human services or other responsible agency for any act or acts	1740
that also would constitute a violation of division (B)(2), (3),	1741
(6), (8), or (19) of this section;	1742

(26) Impairment of ability to practice according to	1743
acceptable and prevailing standards of care because of habitual or	1744
excessive use or abuse of drugs, alcohol, or other substances that	1745
impair ability to practice.	1746

For the purposes of this division, any individual authorized	1747
to practice by this chapter accepts the privilege of practicing in	1748
this state subject to supervision by the board. By filing an	1749
application for or holding a certificate to practice under this	1750
chapter, an individual shall be deemed to have given consent to	1751
submit to a mental or physical examination when ordered to do so	1752
by the board in writing, and to have waived all objections to the	1753
admissibility of testimony or examination reports that constitute	1754
privileged communications.	1755

If it has reason to believe that any individual authorized to	1756
practice by this chapter or any applicant for certification to	1757
practice suffers such impairment, the board may compel the	1758
individual to submit to a mental or physical examination, or both.	1759
The expense of the examination is the responsibility of the	1760
individual compelled to be examined. Any mental or physical	1761
examination required under this division shall be undertaken by a	1762
treatment provider or physician who is qualified to conduct the	1763
examination and who is chosen by the board.	1764

Failure to submit to a mental or physical examination ordered	1765
by the board constitutes an admission of the allegations against	1766
the individual unless the failure is due to circumstances beyond	1767
the individual's control, and a default and final order may be	1768
entered without the taking of testimony or presentation of	1769
evidence. If the board determines that the individual's ability to	1770
practice is impaired, the board shall suspend the individual's	1771
certificate or deny the individual's application and shall require	1772
the individual, as a condition for initial, continued, reinstated,	1773
or renewed certification to practice, to submit to treatment.	1774

Before being eligible to apply for reinstatement of a	1775
certificate suspended under this division, the impaired	1776
practitioner shall demonstrate to the board the ability to resume	1777
practice in compliance with acceptable and prevailing standards of	1778
care under the provisions of the practitioner's certificate. The	1779
demonstration shall include, but shall not be limited to, the	1780
following:	1781

(a) Certification from a treatment provider approved under	1782
section 4731.25 of the Revised Code that the individual has	1783
successfully completed any required inpatient treatment;	1784

(b) Evidence of continuing full compliance with an aftercare	1785
contract or consent agreement;	1786

(c) Two written reports indicating that the individual's	1787
ability to practice has been assessed and that the individual has	1788
been found capable of practicing according to acceptable and	1789
prevailing standards of care. The reports shall be made by	1790
individuals or providers approved by the board for making the	1791
assessments and shall describe the basis for their determination.	1792

The board may reinstate a certificate suspended under this	1793
division after that demonstration and after the individual has	1794
entered into a written consent agreement.	1795

When the impaired practitioner resumes practice, the board	1796
shall require continued monitoring of the individual. The	1797
monitoring shall include, but not be limited to, compliance with	1798
the written consent agreement entered into before reinstatement or	1799
with conditions imposed by board order after a hearing, and, upon	1800
termination of the consent agreement, submission to the board for	1801
at least two years of annual written progress reports made under	1802
penalty of perjury stating whether the individual has maintained	1803
sobriety.	1804

(27) A second or subsequent violation of section 4731.66 or	1805
4731.69 of the Revised Code;	1806

(28) Except as provided in division (N) of this section:

1807

(a) Waiving the payment of all or any part of a deductible or	1808
copayment that a patient, pursuant to a health insurance or health	1809
care policy, contract, or plan that covers the individual's	1810
services, otherwise would be required to pay if the waiver is used	1811
as an enticement to a patient or group of patients to receive	1812
health care services from that individual;	1813

(b) Advertising that the individual will waive the payment of	1814
all or any part of a deductible or copayment that a patient,	1815
pursuant to a health insurance or health care policy, contract, or	1816
plan that covers the individual's services, otherwise would be	1817
required to pay.	1818

(29) Failure to use universal blood and body fluid	1819
precautions established by rules adopted under section 4731.051 of	1820
the Revised Code;	1821

(30) Failure to provide notice to, and receive acknowledgment	1822
of the notice from, a patient when required by section 4731.143 of	1823
the Revised Code prior to providing nonemergency professional	1824
services, or failure to maintain that notice in the patient's	1825
file;	1826

(31) Failure of a physician supervising a physician assistant	1827
to maintain supervision in accordance with the requirements of	1828
Chapter 4730. of the Revised Code and the rules adopted under that	1829
chapter;	1830

(32) Failure of a physician or podiatrist to enter into a	1831
standard care arrangement with a clinical nurse specialist,	1832
certified nurse-midwife, or certified nurse practitioner with whom	1833
the physician or podiatrist is in collaboration pursuant to	1834
section 4731.27 of the Revised Code or failure to fulfill the	1835
responsibilities of collaboration after entering into a standard	1836
care arrangement;	1837

(33) Failure to comply with the terms of a consult agreement	1838
entered into with a pharmacist pursuant to section 4729.39 of the	1839
Revised Code;	1840

(34) Failure to cooperate in an investigation conducted by	1841
the board under division (F) of this section, including failure to	1842
comply with a subpoena or order issued by the board or failure to	1843
answer truthfully a question presented by the board at a	1844
deposition or in written interrogatories, except that failure to	1845
cooperate with an investigation shall not constitute grounds for	1846
discipline under this section if a court of competent jurisdiction	1847
has issued an order that either quashes a subpoena or permits the	1848
individual to withhold the testimony or evidence in issue;	1849

(35) Failure to supervise an acupuncturist in accordance with	1850
Chapter 4762. of the Revised Code and the board's rules for	1851
supervision of an acupuncturist;	1852

(36) Failure to supervise an anesthesiologist assistant in	1853
accordance with Chapter 4760. of the Revised Code and the board's	1854
rules for supervision of an anesthesiologist assistant;	1855

(37) Assisting suicide as defined in section 3795.01 of the	1856
Revised Code;	1857

(38) Failure to comply with the requirements of section	1858
2317.561 of the Revised Code;	1859

(39) Failure to supervise a radiologist assistant in	1860
accordance with Chapter 4774. of the Revised Code and the board's	1861
rules for supervision of radiologist assistants;	1862

(40) Performing or inducing an abortion at an office or	1863
facility with knowledge that the office or facility fails to post	1864
the notice required under section 3701.791 of the Revised Code;	1865

(41) Being the holder of a terminal distributor of dangerous	1866
drugs license with a pain management clinic classification issued	1867
under section 4729.552 of the Revised Code, if any person employed	1868
by the clinic has violated Chapter 2925. of the Revised Code or is	1869
subject to disciplinary action under this section or section	1870
4723.28 or 4730.25 of the Revised Code;	1871

(42) Failure to comply with the requirements of section	1872
4729.79 of the Revised Code, as long as the state board of	1873
pharmacy establishes and maintains a drug database pursuant to	1874
section 4729.75 of the Revised Code.	1875

(C) Disciplinary actions taken by the board under divisions	1876
(A) and (B) of this section shall be taken pursuant to an	1877
adjudication under Chapter 119. of the Revised Code, except that	1878
in lieu of an adjudication, the board may enter into a consent	1879
agreement with an individual to resolve an allegation of a	1880
violation of this chapter or any rule adopted under it. A consent	1881
agreement, when ratified by an affirmative vote of not fewer than	1882
six members of the board, shall constitute the findings and order	1883
of the board with respect to the matter addressed in the	1884
agreement. If the board refuses to ratify a consent agreement, the	1885
admissions and findings contained in the consent agreement shall	1886
be of no force or effect.	1887

If the board takes disciplinary action against an individual	1888
under division (B) of this section for a second or subsequent plea	1889
of guilty to, or judicial finding of guilt of, a violation of	1890
section 2919.123 of the Revised Code, the disciplinary action	1891
shall consist of a suspension of the individual's certificate to	1892
practice for a period of at least one year or, if determined	1893
appropriate by the board, a more serious sanction involving the	1894
individual's certificate to practice. Any consent agreement	1895
entered into under this division with an individual that pertains	1896
to a second or subsequent plea of guilty to, or judicial finding	1897
of guilt of, a violation of that section shall provide for a	1898
suspension of the individual's certificate to practice for a	1899
period of at least one year or, if determined appropriate by the	1900
board, a more serious sanction involving the individual's	1901
certificate to practice.	1902

(D) For purposes of divisions (B)(10), (12), and (14) of this	1903
section, the commission of the act may be established by a finding	1904
by the board, pursuant to an adjudication under Chapter 119. of	1905
the Revised Code, that the individual committed the act. The board	1906
does not have jurisdiction under those divisions if the trial	1907
court renders a final judgment in the individual's favor and that	1908
judgment is based upon an adjudication on the merits. The board	1909
has jurisdiction under those divisions if the trial court issues	1910
an order of dismissal upon technical or procedural grounds.	1911

(E) The sealing of conviction records by any court shall have	1912
no effect upon a prior board order entered under this section or	1913
upon the board's jurisdiction to take action under this section	1914
if, based upon a plea of guilty, a judicial finding of guilt, or a	1915
judicial finding of eligibility for intervention in lieu of	1916
conviction, the board issued a notice of opportunity for a hearing	1917
prior to the court's order to seal the records. The board shall	1918
not be required to seal, destroy, redact, or otherwise modify its	1919
records to reflect the court's sealing of conviction records.	1920

(F)(1) The board shall investigate evidence that appears to	1921
show that a person has violated any provision of this chapter or	1922
any rule adopted under it. Any person may report to the board in a	1923
signed writing any information that the person may have that	1924
appears to show a violation of any provision of this chapter or	1925
any rule adopted under it. In the absence of bad faith, any person	1926
who reports information of that nature or who testifies before the	1927
board in any adjudication conducted under Chapter 119. of the	1928
Revised Code shall not be liable in damages in a civil action as a	1929
result of the report or testimony. Each complaint or allegation of	1930
a violation received by the board shall be assigned a case number	1931
and shall be recorded by the board.	1932

(2) Investigations of alleged violations of this chapter or	1933
any rule adopted under it shall be supervised by the supervising	1934
member elected by the board in accordance with section 4731.02 of	1935
the Revised Code and by the secretary as provided in section	1936
4731.39 of the Revised Code. The president may designate another	1937
member of the board to supervise the investigation in place of the	1938
supervising member. No member of the board who supervises the	1939
investigation of a case shall participate in further adjudication	1940
of the case.	1941

(3) In investigating a possible violation of this chapter or	1942
any rule adopted under this chapter, the board may administer	1943
oaths, order the taking of depositions, issue subpoenas, and	1944
compel the attendance of witnesses and production of books,	1945
accounts, papers, records, documents, and testimony, except that a	1946
subpoena for patient record information shall not be issued	1947
without consultation with the attorney general's office and	1948
approval of the secretary and supervising member of the board.	1949
Before issuance of a subpoena for patient record information, the	1950
secretary and supervising member shall determine whether there is	1951
probable cause to believe that the complaint filed alleges a	1952
violation of this chapter or any rule adopted under it and that	1953
the records sought are relevant to the alleged violation and	1954
material to the investigation. The subpoena may apply only to	1955
records that cover a reasonable period of time surrounding the	1956
alleged violation.	1957

On failure to comply with any subpoena issued by the board	1958
and after reasonable notice to the person being subpoenaed, the	1959
board may move for an order compelling the production of persons	1960
or records pursuant to the Rules of Civil Procedure.	1961

A subpoena issued by the board may be served by a sheriff,	1962
the sheriff's deputy, or a board employee designated by the board.	1963
Service of a subpoena issued by the board may be made by	1964
delivering a copy of the subpoena to the person named therein,	1965
reading it to the person, or leaving it at the person's usual	1966
place of residence. When the person being served is a person whose	1967
practice is authorized by this chapter, service of the subpoena	1968
may be made by certified mail, restricted delivery, return receipt	1969
requested, and the subpoena shall be deemed served on the date	1970
delivery is made or the date the person refuses to accept	1971
delivery.	1972

A sheriff's deputy who serves a subpoena shall receive the	1973
same fees as a sheriff. Each witness who appears before the board	1974
in obedience to a subpoena shall receive the fees and mileage	1975
provided for under section 119.094 of the Revised Code.	1976

(4) All hearings and investigations of the board shall be	1977
considered civil actions for the purposes of section 2305.252 of	1978
the Revised Code.	1979

(5) Information received by the board pursuant to an	1980
investigation is confidential and not subject to discovery in any	1981
civil action.	1982

The board shall conduct all investigations and proceedings in	1983
a manner that protects the confidentiality of patients and persons	1984
who file complaints with the board. The board shall not make	1985
public the names or any other identifying information about	1986
patients or complainants unless proper consent is given or, in the	1987
case of a patient, a waiver of the patient privilege exists under	1988
division (B) of section 2317.02 of the Revised Code, except that	1989
consent or a waiver of that nature is not required if the board	1990
possesses reliable and substantial evidence that no bona fide	1991
physician-patient relationship exists.	1992

The board may share any information it receives pursuant to	1993
an investigation, including patient records and patient record	1994
information, with law enforcement agencies, other licensing	1995
boards, and other governmental agencies that are prosecuting,	1996
adjudicating, or investigating alleged violations of statutes or	1997
administrative rules. An agency or board that receives the	1998
information shall comply with the same requirements regarding	1999
confidentiality as those with which the state medical board must	2000
comply, notwithstanding any conflicting provision of the Revised	2001
Code or procedure of the agency or board that applies when it is	2002
dealing with other information in its possession. In a judicial	2003
proceeding, the information may be admitted into evidence only in	2004
accordance with the Rules of Evidence, but the court shall require	2005
that appropriate measures are taken to ensure that confidentiality	2006
is maintained with respect to any part of the information that	2007
contains names or other identifying information about patients or	2008
complainants whose confidentiality was protected by the state	2009
medical board when the information was in the board's possession.	2010
Measures to ensure confidentiality that may be taken by the court	2011
include sealing its records or deleting specific information from	2012
its records.	2013

(6) On a quarterly basis, the board shall prepare a report	2014
that documents the disposition of all cases during the preceding	2015
three months. The report shall contain the following information	2016
for each case with which the board has completed its activities:	2017

(a) The case number assigned to the complaint or alleged	2018
violation;	2019

(b) The type of certificate to practice, if any, held by the	2020
individual against whom the complaint is directed;	2021

(c) A description of the allegations contained in the	2022
complaint;	2023

(d) The disposition of the case.

2024

The report shall state how many cases are still pending and	2025
shall be prepared in a manner that protects the identity of each	2026
person involved in each case. The report shall be a public record	2027
under section 149.43 of the Revised Code.	2028

(G) If the secretary and supervising member determine that	2029
there is clear and convincing evidence that an individual has	2030
violated division (B) of this section and that the individual's	2031
continued practice presents a danger of immediate and serious harm	2032
to the public, they may recommend that the board suspend the	2033
individual's certificate to practice without a prior hearing.	2034
Written allegations shall be prepared for consideration by the	2035
board.	2036

The board, upon review of those allegations and by an	2037
affirmative vote of not fewer than six of its members, excluding	2038
the secretary and supervising member, may suspend a certificate	2039
without a prior hearing. A telephone conference call may be	2040
utilized for reviewing the allegations and taking the vote on the	2041
summary suspension.	2042

The board shall issue a written order of suspension by	2043
certified mail or in person in accordance with section 119.07 of	2044
the Revised Code. The order shall not be subject to suspension by	2045
the court during pendency of any appeal filed under section 119.12	2046
of the Revised Code. If the individual subject to the summary	2047
suspension requests an adjudicatory hearing by the board, the date	2048
set for the hearing shall be within fifteen days, but not earlier	2049
than seven days, after the individual requests the hearing, unless	2050
otherwise agreed to by both the board and the individual.	2051

Any summary suspension imposed under this division shall	2052
remain in effect, unless reversed on appeal, until a final	2053
adjudicative order issued by the board pursuant to this section	2054
and Chapter 119. of the Revised Code becomes effective. The board	2055
shall issue its final adjudicative order within seventy-five days	2056
after completion of its hearing. A failure to issue the order	2057
within seventy-five days shall result in dissolution of the	2058
summary suspension order but shall not invalidate any subsequent,	2059
final adjudicative order.	2060

(H) If the board takes action under division (B)(9), (11), or	2061
(13) of this section and the judicial finding of guilt, guilty	2062
plea, or judicial finding of eligibility for intervention in lieu	2063
of conviction is overturned on appeal, upon exhaustion of the	2064
criminal appeal, a petition for reconsideration of the order may	2065
be filed with the board along with appropriate court documents.	2066
Upon receipt of a petition of that nature and supporting court	2067
documents, the board shall reinstate the individual's certificate	2068
to practice. The board may then hold an adjudication under Chapter	2069
119. of the Revised Code to determine whether the individual	2070
committed the act in question. Notice of an opportunity for a	2071
hearing shall be given in accordance with Chapter 119. of the	2072
Revised Code. If the board finds, pursuant to an adjudication held	2073
under this division, that the individual committed the act or if	2074
no hearing is requested, the board may order any of the sanctions	2075
identified under division (B) of this section.	2076

(I) The certificate to practice issued to an individual under	2077
this chapter and the individual's practice in this state are	2078
automatically suspended as of the date of the individual's second	2079
or subsequent plea of guilty to, or judicial finding of guilt of,	2080
a violation of section 2919.123 of the Revised Code, or the date	2081
the individual pleads guilty to, is found by a judge or jury to be	2082
guilty of, or is subject to a judicial finding of eligibility for	2083
intervention in lieu of conviction in this state or treatment or	2084
intervention in lieu of conviction in another jurisdiction for any	2085
of the following criminal offenses in this state or a	2086
substantially equivalent criminal offense in another jurisdiction:	2087
aggravated murder, murder, voluntary manslaughter, felonious	2088
assault, kidnapping, rape, sexual battery, gross sexual	2089
imposition, aggravated arson, aggravated robbery, or aggravated	2090
burglary. Continued practice after suspension shall be considered	2091
practicing without a certificate.	2092

The board shall notify the individual subject to the	2093
suspension by certified mail or in person in accordance with	2094
section 119.07 of the Revised Code. If an individual whose	2095
certificate is automatically suspended under this division fails	2096
to make a timely request for an adjudication under Chapter 119. of	2097
the Revised Code, the board shall do whichever of the following is	2098
applicable:	2099

(1) If the automatic suspension under this division is for a	2100
second or subsequent plea of guilty to, or judicial finding of	2101
guilt of, a violation of section 2919.123 of the Revised Code, the	2102
board shall enter an order suspending the individual's certificate	2103
to practice for a period of at least one year or, if determined	2104
appropriate by the board, imposing a more serious sanction	2105
involving the individual's certificate to practice.	2106

(2) In all circumstances in which division (I)(1) of this	2107
section does not apply, enter a final order permanently revoking	2108
the individual's certificate to practice.	2109

(J) If the board is required by Chapter 119. of the Revised	2110
Code to give notice of an opportunity for a hearing and if the	2111
individual subject to the notice does not timely request a hearing	2112
in accordance with section 119.07 of the Revised Code, the board	2113
is not required to hold a hearing, but may adopt, by an	2114
affirmative vote of not fewer than six of its members, a final	2115
order that contains the board's findings. In that final order, the	2116
board may order any of the sanctions identified under division (A)	2117
or (B) of this section.	2118

(K) Any action taken by the board under division (B) of this	2119
section resulting in a suspension from practice shall be	2120
accompanied by a written statement of the conditions under which	2121
the individual's certificate to practice may be reinstated. The	2122
board shall adopt rules governing conditions to be imposed for	2123
reinstatement. Reinstatement of a certificate suspended pursuant	2124
to division (B) of this section requires an affirmative vote of	2125
not fewer than six members of the board.	2126

(L) When the board refuses to grant a certificate to an	2127
applicant, revokes an individual's certificate to practice,	2128
refuses to register an applicant, or refuses to reinstate an	2129
individual's certificate to practice, the board may specify that	2130
its action is permanent. An individual subject to a permanent	2131
action taken by the board is forever thereafter ineligible to hold	2132
a certificate to practice and the board shall not accept an	2133
application for reinstatement of the certificate or for issuance	2134
of a new certificate.	2135

(M) Notwithstanding any other provision of the Revised Code,	2136
all of the following apply:	2137

(1) The surrender of a certificate issued under this chapter	2138
shall not be effective unless or until accepted by the board.	2139
Reinstatement of a certificate surrendered to the board requires	2140
an affirmative vote of not fewer than six members of the board.	2141

(2) An application for a certificate made under the	2142
provisions of this chapter may not be withdrawn without approval	2143
of the board.	2144

(3) Failure by an individual to renew a certificate of	2145
registration in accordance with this chapter shall not remove or	2146
limit the board's jurisdiction to take any disciplinary action	2147
under this section against the individual.	2148

(N) Sanctions shall not be imposed under division (B)(28) of	2149
this section against any person who waives deductibles and	2150
copayments as follows:	2151

(1) In compliance with the health benefit plan that expressly	2152
allows such a practice. Waiver of the deductibles or copayments	2153
shall be made only with the full knowledge and consent of the plan	2154
purchaser, payer, and third-party administrator. Documentation of	2155
the consent shall be made available to the board upon request.	2156

(2) For professional services rendered to any other person	2157
authorized to practice pursuant to this chapter, to the extent	2158
allowed by this chapter and rules adopted by the board.	2159

(O) Under the board's investigative duties described in this	2160
section and subject to division (F) of this section, the board	2161
shall develop and implement a quality intervention program	2162
designed to improve through remedial education the clinical and	2163
communication skills of individuals authorized under this chapter	2164
to practice medicine and surgery, osteopathic medicine and	2165
surgery, and podiatric medicine and surgery. In developing and	2166
implementing the quality intervention program, the board may do	2167
all of the following:	2168

(1) Offer in appropriate cases as determined by the board an	2169
educational and assessment program pursuant to an investigation	2170
the board conducts under this section;	2171

(2) Select providers of educational and assessment services,	2172
including a quality intervention program panel of case reviewers;	2173

(3) Make referrals to educational and assessment service	2174
providers and approve individual educational programs recommended	2175
by those providers. The board shall monitor the progress of each	2176
individual undertaking a recommended individual educational	2177
program.	2178

(4) Determine what constitutes successful completion of an	2179
individual educational program and require further monitoring of	2180
the individual who completed the program or other action that the	2181
board determines to be appropriate;	2182

(5) Adopt rules in accordance with Chapter 119. of the	2183
Revised Code to further implement the quality intervention	2184
program.	2185

An individual who participates in an individual educational	2186
program pursuant to this division shall pay the financial	2187
obligations arising from that educational program.	2188

Sec. 4731.228. (A) In accordance with division (B) of this	2189
section, the state medical board may suspend without a prior	2190
hearing a certificate to practice issued under this chapter to an	2191
individual who also holds a license as a terminal distributor of	2192
dangerous drugs with a pain management clinic classification	2193
issued under section 4729.552 of the Revised Code if the secretary	2194
and supervising member of the board determine that both of the	2195
following apply:	2196

(1) There is clear and convincing evidence that an employee	2197
of the pain management clinic has violated any provision of	2198
division (B) of section 4731.22 of the Revised Code.	2199

(2) The continued operation of the pain management clinic	2200
presents a danger of immediate and serious harm to others.	2201

(B) The secretary and supervising member shall provide	2202
written allegations to the board. The board, upon review of the	2203
allegations and by an affirmative vote of not less than six	2204
members, excluding the secretary and supervising member, may	2205
suspend the individual's certificate to practice without a prior	2206
hearing. A telephone conference call may be utilized for reviewing	2207
the allegations and taking a vote on the suspension.	2208

The board shall issue a written order of suspension under	2209
this section by certified mail or in person in accordance with the	2210
procedure for suspension without a prior hearing in section 119.07	2211
of the Revised Code. The order shall not be subject to suspension	2212
by the court during pendency of any appeal filed under section	2213
119.12 of the Revised Code.	2214

(C) An individual subject to an order under division (B) of	2215
this section may request an adjudicatory hearing. If the	2216
individual requests a hearing, the date set for the hearing shall	2217
be not less than fifteen days but not earlier than seven days	2218
after the individual first requests the hearing, unless otherwise	2219
agreed to by both the board and individual subject to the	2220
suspension.	2221

(D) Any summary suspension imposed under this section shall	2222
remain in effect, unless reversed on appeal, until a final	2223
adjudicative order issued by the board pursuant to Chapter 119. of	2224
the Revised Code becomes effective. The board shall issue its	2225
final adjudicative order within seventy-five days after completion	2226
of its hearing. A failure to issue the order within seventy-five	2227
days shall result in dissolution of the summary suspension but	2228
shall not invalidate any subsequent, final adjudicative order.	2229

Sec. 4731.241. The state medical board may solicit and accept	2230
grants and services from public and private sources for the	2231
purpose of developing and maintaining programs that address	2232
patient safety and education, supply and demand of health care	2233
professionals, and information sharing with the public and the	2234
individuals regulated by the board. The board shall not solicit or	2235
accept a grant or service that would interfere with the board's	2236
independence or objectivity, as determined by the board.	2237

All money received by the board under this section shall be	2238
deposited into the medical board education and patient safety	2239
fund, which is hereby created in the state treasury. The money	2240
deposited in the fund shall be used solely in accordance with this	2241
section.	2242

Sec. 4731.283. Not later than ninety days after the	2243
effective date of this section, theThe state medical board shall	2244
approve one or more continuing medical education courses of study	2245
included within the programs certified by the Ohio state medical	2246
association and the Ohio osteopathic association pursuant to	2247
section 4731.281 of the Revised Code that assist doctors of	2248
medicine and doctors of osteopathic medicine in diagnosing and	2249
treating intractablechronic pain, as defined in section 4731.052	2250
of the Revised Code.	2251

Sec. 4776.02. (A) An applicant for an initial license or	2252
restored license from a licensing agency, or a person seeking to	2253
satisfy the criteria for being a qualified pharmacy technician	2254
that are specified in section 4729.42 of the Revised Code, or a	2255
person seeking to satisfy the requirements to be an employee of a	2256
pain management clinic as specified in section 4729.552 of the	2257
Revised Code shall submit a request to the bureau of criminal	2258
identification and investigation for a criminal records check of	2259
the applicant or person. The request shall be accompanied by a	2260
completed copy of the form prescribed under division (C)(1) of	2261
section 109.572 of the Revised Code, a set of fingerprint	2262
impressions obtained as described in division (C)(2) of that	2263
section, and the fee prescribed under division (C)(3) of that	2264
section. The applicant or person shall ask the superintendent of	2265
the bureau of criminal identification and investigation in the	2266
request to obtain from the federal bureau of investigation any	2267
information it has pertaining to the applicant or person.	2268

An applicant or person requesting a criminal records check	2269
shall provide the bureau of criminal identification and	2270
investigation with the applicant's or person's name and address	2271
and, regarding an applicant, with the licensing agency's name and	2272
address.	2273

(B) Upon receipt of the completed form, the set of	2274
fingerprint impressions, and the fee provided for in division (A)	2275
of this section, the superintendent of the bureau of criminal	2276
identification and investigation shall conduct a criminal records	2277
check of the applicant or person under division (B) of section	2278
109.572 of the Revised Code. Upon completion of the criminal	2279
records check, the superintendent shall do whichever of the	2280
following is applicable:	2281

(1) If the request was submitted by an applicant for an	2282
initial license or restored license, report the results of the	2283
criminal records check and any information the federal bureau of	2284
investigation provides to the licensing agency identified in the	2285
request for a criminal records check;	2286

(2) If the request was submitted by a person seeking to	2287
satisfy the criteria for being a qualified pharmacy technician	2288
that are specified in section 4729.42 of the Revised Code or a	2289
person seeking to satisfy the requirements to be an employee of a	2290
pain management clinic as specified in section 4729.552 of the	2291
Revised Code, do both of the following:	2292

(a) Report the results of the criminal records check and any	2293
information the federal bureau of investigation provides to the	2294
person who submitted the request;	2295

(b) Report the results of the portion of the criminal records	2296
check performed by the bureau of criminal identification and	2297
investigation under division (B)(1) of section 109.572 of the	2298
Revised Code to the employer or potential employer specified in	2299
the request of the person who submitted the request and send a	2300
letter to that employer or potential employer regarding the	2301
information provided by the federal bureau of investigation that	2302
states either that based on that information there is no record of	2303
any conviction or that based on that information the person who	2304
submitted the request may not meet the criteria that are specified	2305
in section 4729.42 of the Revised Code, whichever is applicable.	2306

Sec. 4776.04. The results of any criminal records check	2307
conducted pursuant to a request made under this chapter and any	2308
report containing those results, including any information the	2309
federal bureau of investigation provides, are not public records	2310
for purposes of section 149.43 of the Revised Code and shall not	2311
be made available to any person or for any purpose other than as	2312
follows:	2313

(A) If the request for the criminal records check was	2314
submitted by an applicant for an initial license or restored	2315
license, as follows:	2316

(1) The superintendent of the bureau of criminal	2317
identification and investigation shall make the results available	2318
to the licensing agency for use in determining, under the agency's	2319
authorizing chapter of the Revised Code, whether the applicant who	2320
is the subject of the criminal records check should be granted a	2321
license under that chapter.	2322

(2) The licensing agency shall make the results available to	2323
the applicant who is the subject of the criminal records check.	2324

(B) If the request for the criminal records check was	2325
submitted by a person seeking to satisfy the criteria for being a	2326
qualified pharmacy technician that are specified in section	2327
4729.42 of the Revised Code or a person seeking to satisfy the	2328
requirements to be an employee of a pain management clinic as	2329
specified in section 4729.552 of the Revised Code, the	2330
superintendent of the bureau of criminal identification and	2331
investigation shall make the results available in accordance with	2332
the following:	2333

(1) The superintendent shall make the results of the criminal	2334
records check, including any information the federal bureau of	2335
investigation provides, available to the person who submitted the	2336
request and is the subject of the criminal records check.	2337

(2) The superintendent shall make the results of the portion	2338
of the criminal records check performed by the bureau of criminal	2339
identification and investigation under division (B)(1) of section	2340
109.572 of the Revised Code available to the employer or potential	2341
employer specified in the request of the person who submitted the	2342
request and shall send a letter of the type described in division	2343
(B)(2) of section 4776.02 of the Revised Code to that employer or	2344
potential employer regarding the information provided by the	2345
federal bureau of investigation that contains one of the types of	2346
statements described in that division.	2347

Sec. 5111.172.  (A) When contractingEach contract the	2348
department of job and family services enters into with a health	2349
insuring corporation under section 5111.17 of the Revised Code	2350
with a managed care organization that is a health insuring	2351
corporation, the department of job and family services mayshall	2352
require the health insuring corporation to provide coverage of	2353
prescription drugs for medicaid recipients enrolled in the health	2354
insuring corporation. InThe health insuring corporation shall	2355
cover all prescription drugs that the fee-for-service component of	2356
the medicaid program covers, including drugs that are prescribed	2357
for the purpose of treating mental illness.	2358

(B) In providing the required coverage of prescription drugs,	2359
thea health insuring corporation may, subject to the department's	2360
approval, use strategies for the management of drug utilization.	2361

(B) As used in this division, "controlled substance" has the	2362
same meaning as in section 3719.01 of the Revised Code.	2363

If a health insuring corporation is required under this	2364
section to provide coverage of prescription drugs, the department	2365
shall permit the health insuring corporation to develop and	2366
implement a pharmacy utilization management program under which	2367
for drugs other than drugs prescribed for the purpose of treating	2368
mental illness. These strategies may include requiring medicaid	2369
recipients enrolled in the health insuring corporation to obtain	2370
prior authorization through the program is established as a	2371
condition ofbefore obtaining a prescription drug that is a	2372
controlled substance pursuant to a prescription.The program may	2373
include processes for requiring medicaid recipients at high risk	2374
for fraud or abuse involving controlled substances to have their	2375
prescriptions for controlled substances filled by a pharmacy,	2376
medical provider, or health care facility designated by the	2377
program, as defined in section 3719.01 of the Revised Code. The	2378
use of strategies for the management of drug utilization is	2379
subject to the department's approval.	2380

Sec. 5111.179. Each contract the department of job and family	2381
services enters into with a managed care organization under	2382
section 5111.17 of the Revised Code shall require the managed care	2383
organization to implement a program consistent with section	2384
1915(a)(2) of the "Social Security Act," 95 Stat. 810 (1981), 42	2385
U.S.C. 1396n(a)(2), as amended, and 42 C.F.R. 431.54(e) for	2386
medicaid recipients enrolled in the organization who are found to	2387
have obtained prescription drugs under the medicaid program at a	2388
frequency or amount that is not medically necessary. The program	2389
shall be known as a coordinated services program.	2390

Under a coordinated services program, a managed care	2391
organization shall require a medicaid recipient who is included in	2392
the program to have prescriptions for drugs filled at a single	2393
pharmacy, except in an emergency when it is necessary to obtain	2394
the drugs from another pharmacy. The managed care organization	2395
shall permit the medicaid recipient to designate the single	2396
pharmacy from which prescriptions will be filled under the	2397
medicaid program.	2398

The director of job and family services shall adopt rules	2399
specifying what constitutes an emergency for purposes of a managed	2400
care organization's coordinated services program. The rules may	2401
include as an emergency any period in which a medicaid recipient	2402
is a hospital inpatient or a nursing facility resident. The rules	2403
shall be adopted in accordance with Chapter 119. of the Revised	2404
Code.	2405

Sec. 5111.1710. Each contract the department of job and	2406
family services enters into with a managed care organization under	2407
section 5111.17 of the Revised Code shall require the managed care	2408
organization to enter into a data security agreement with the	2409
state board of pharmacy governing the managed care organization's	2410
use of the board's drug database established and maintained under	2411
section 4729.75 of the Revised Code.	2412

This section does not apply if the board no longer maintains	2413
the drug database.	2414

Section 2.  That existing sections 3719.08, 4723.481,	2415
4729.01, 4729.071, 4729.29, 4729.51, 4729.54, 4729.541, 4729.55,	2416
4729.75, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81, 4729.82,	2417
4729.83, 4729.84, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02,	2418
4776.04, and 5111.172 of the Revised Code are hereby repealed.	2419

Section 3. (A) Section 5111.172 of the Revised Code, as	2420
amended by this act, applies to contracts under section 5111.17 of	2421
the Revised Code as follows:	2422

(1) To each contract the Department of Job and Family	2423
Services enters into with a health insuring corporation on or	2424
after the effective date of this section;	2425

(2) To each contract between the Department and a health	2426
insuring corporation that is in effect on the effective date of	2427
this section if on or after that date the contract is renewed or	2428
is amended or otherwise modified.	2429

(B) Section 5111.179 of the Revised Code, as enacted by this	2430
act, shall be implemented not later than one year after the	2431
effective date of this section. On and after the Department's	2432
implementation date, that section applies to contracts under	2433
section 5111.17 of the Revised Code as follows:	2434

(1) To each contract the Department enters into with a	2435
managed care organization on or after the Department's	2436
implementation date;	2437

(2) To each contract between the Department and a managed	2438
care organization that is in effect on the Department's	2439
implementation date if on or after that date the contract is	2440
renewed or is amended or otherwise modified.	2441

(C) Section 5111.1710 of the Revised Code, as enacted by this	2442
act, shall be implemented not later than one year after the	2443
effective date of this section. On and after the Department's	2444
implementation date, that section applies to contracts under	2445
section 5111.17 of the Revised Code as follows:	2446

(1) To each contract the Department enters into with a	2447
managed care organization on or after the Department's	2448
implementation date;	2449

(2) To each contract between the Department and a managed	2450
care organization that is in effect on the Department's	2451
implementation date if on or after that date the contract is	2452
renewed or is amended or otherwise modified.	2453

Section 4. (A) The State Board of Pharmacy shall consider	2454
improvements to the state's methods of monitoring, through the	2455
drug database established and maintained under section 4729.75 of	2456
the Revised Code, the misuse and diversion of controlled	2457
substances. Not later than six months after the effective date of	2458
this section, the Board shall submit a report of its findings and	2459
recommendations to the Speaker of the House of Representatives,	2460
President of the Senate, and Governor.	2461

(B) The report shall include all of the following:

2462

(1) Recommendations on the establishment of a "real time"	2463
drug database that permits information to be immediately submitted	2464
to the database and immediately accessible to those individuals	2465
authorized to access information in the database;	2466

(2) Recommendations on potential improvements to the Board's	2467
existing drug database, including both of the following:	2468

(a) Improvements that are necessary to facilitate information	2469
exchange between the database and database users;	2470

(b) Improvements that allow a drug utilization review to	2471
occur whereby patient use of controlled substances is monitored.	2472

(3) The potential cost of upgrading the Board's existing drug	2473
database or establishing a new database to monitor the misuse or	2474
diversion of controlled substances in this state.	2475

(4) Information on the availability of, and methods to	2476
secure, federal grants necessary to implement the Board's	2477
recommendations.	2478

(5) A description of any other matters the Board considers	2479
relevant to its findings and recommendations.	2480

Section 5. Section 4731.22 of the Revised Code is presented	2481
in this act as a composite of the section as amended by Am. Sub.	2482
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	2483
Assembly. The General Assembly, applying the principle stated in	2484
division (B) of section 1.52 of the Revised Code that amendments	2485
are to be harmonized if reasonably capable of simultaneous	2486
operation, finds that the composite is the resulting version of	2487
the section in effect prior to the effective date of the section	2488
as presented in this act.	2489