As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Am. Sub. H. B. No. 93

Representatives Burke, Johnson 

Cosponsors:  Speaker Batchelder  Representatives Bubp, Adams, J., Boose, Grossman, Hackett, Hottinger, Huffman, Peterson, Pillich, Rosenberger, Ruhl, Uecker, Balderson, Gardner, McKenney, Gonzales, Goodwin, Hagan, R., Garland, Fende, Sears, Schuring, Wachtmann, Barnes, Duffey, Antonio, Adams, R., Amstutz, Anielski, Ashford, Baker, Beck, Blair, Blessing, Brenner, Buchy, Budish, Butler, Carey, Carney, Celeste, Clyde, Coley, Combs, Damschroder, DeGeeter, Derickson, Dovilla, Driehaus, Fedor, Foley, Gerberry, Goyal, Hagan, C., Hall, Hayes, Heard, Henne, Kozlowski, Landis, Letson, Luckie, Lundy, Mallory, Martin, McClain, McGregor, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Patmon, Phillips, Ramos, Reece, Roegner, Slaby, Slesnick, Sprague, Stautberg, Stebelton, Stinziano, Szollosi, Thompson, Weddington, Williams, Winburn, Young, Yuko 

Senators Bacon, Beagle, Brown, Cafaro, Cates, Daniels, Faber, Gillmor, Hite, Hughes, Lehner, Manning, Niehaus, Obhof, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Smith, Stewart, Tavares, Widener, Wilson 

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A BILL

To amend sections 109.57, 325.19, 3719.08, 4715.30,

1

4723.28, 4729.01, 4729.071, 4729.29, 4729.51,

2

4729.54, 4729.541, 4729.55, 4729.75, 4729.77,

3

4729.78, 4729.79, 4729.80, 4729.81, 4729.82,

4

4729.83, 4729.99, 4731.052, 4731.22, 4731.283,

5

4776.02, 4776.04, and 5111.172; to amend, for the

6

purpose of adopting new section numbers as

7

indicated in parentheses, sections 4729.79

8

(4729.80), 4729.80 (4729.81), 4729.81 (4729.82),

9

4729.82 (4729.83), 4729.83 (4729.84), and 4729.84

10

(4729.85); and to enact new section 4729.79 and

11

sections 109.90, 313.212, 3719.031, 3793.22,

12

4121.50, 4715.302, 4723.064, 4723.487, 4725.092,

13

4729.162, 4729.291, 4729.552, 4729.571, 4729.69,

14

4729.86, 4730.53, 4731.054, 4731.055, 4731.241,

15

4731.391, 5111.085, 5111.179, and 5111.1710 of the

16

Revised Code to establish and modify laws

17

regarding the prevention of prescription drug

18

abuse, to provide that certain county employees

19

when separating from county service as a result of

20

a transfer of the assets of a county hospital are

21

not entitled to unused vacation leave from the

22

county when the employee accepts employment with

23

the acquiring entity and the entity assumes the

24

unused vacation leave accrued to the employee's

25

credit, and to declare an emergency.

26

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

Section 1. That sections 109.57, 325.19, 3719.08, 4715.30,	27
4723.28, 4729.01, 4729.071, 4729.29, 4729.51, 4729.54, 4729.541,	28
4729.55, 4729.75, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81,	29
4729.82, 4729.83, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02,	30
4776.04, and 5111.172 be amended; sections 4729.79 (4729.80),	31
4729.80 (4729.81), 4729.81 (4729.82), 4729.82 (4729.83), 4729.83	32
(4729.84), and 4729.84 (4729.85) be amended for the purpose of	33
adopting new section numbers as indicated in parentheses; and new	34
section 4729.79 and sections 109.90, 313.212, 3719.031, 3793.22,	35
4121.50, 4715.302, 4723.064, 4723.487, 4725.092, 4729.162,	36
4729.291, 4729.552, 4729.571, 4729.69, 4729.86, 4730.53, 4731.054,	37
4731.055, 4731.241, 4731.391, 5111.085, 5111.179, and 5111.1710 of	38
the Revised Code be enacted to read as follows:	39

Sec. 109.57.  (A)(1) The superintendent of the bureau of	40
criminal identification and investigation shall procure from	41
wherever procurable and file for record photographs, pictures,	42
descriptions, fingerprints, measurements, and other information	43
that may be pertinent of all persons who have been convicted of	44
committing within this state a felony, any crime constituting a	45
misdemeanor on the first offense and a felony on subsequent	46
offenses, or any misdemeanor described in division (A)(1)(a),	47
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	48
of all children under eighteen years of age who have been	49
adjudicated delinquent children for committing within this state	50
an act that would be a felony or an offense of violence if	51
committed by an adult or who have been convicted of or pleaded	52
guilty to committing within this state a felony or an offense of	53
violence, and of all well-known and habitual criminals. The person	54
in charge of any county, multicounty, municipal, municipal-county,	55
or multicounty-municipal jail or workhouse, community-based	56
correctional facility, halfway house, alternative residential	57
facility, or state correctional institution and the person in	58
charge of any state institution having custody of a person	59
suspected of having committed a felony, any crime constituting a	60
misdemeanor on the first offense and a felony on subsequent	61
offenses, or any misdemeanor described in division (A)(1)(a),	62
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	63
having custody of a child under eighteen years of age with respect	64
to whom there is probable cause to believe that the child may have	65
committed an act that would be a felony or an offense of violence	66
if committed by an adult shall furnish such material to the	67
superintendent of the bureau. Fingerprints, photographs, or other	68
descriptive information of a child who is under eighteen years of	69
age, has not been arrested or otherwise taken into custody for	70
committing an act that would be a felony or an offense of violence	71
who is not in any other category of child specified in this	72
division, if committed by an adult, has not been adjudicated a	73
delinquent child for committing an act that would be a felony or	74
an offense of violence if committed by an adult, has not been	75
convicted of or pleaded guilty to committing a felony or an	76
offense of violence, and is not a child with respect to whom there	77
is probable cause to believe that the child may have committed an	78
act that would be a felony or an offense of violence if committed	79
by an adult shall not be procured by the superintendent or	80
furnished by any person in charge of any county, multicounty,	81
municipal, municipal-county, or multicounty-municipal jail or	82
workhouse, community-based correctional facility, halfway house,	83
alternative residential facility, or state correctional	84
institution, except as authorized in section 2151.313 of the	85
Revised Code.	86

(2) Every clerk of a court of record in this state, other	87
than the supreme court or a court of appeals, shall send to the	88
superintendent of the bureau a weekly report containing a summary	89
of each case involving a felony, involving any crime constituting	90
a misdemeanor on the first offense and a felony on subsequent	91
offenses, involving a misdemeanor described in division (A)(1)(a),	92
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	93
or involving an adjudication in a case in which a child under	94
eighteen years of age was alleged to be a delinquent child for	95
committing an act that would be a felony or an offense of violence	96
if committed by an adult. The clerk of the court of common pleas	97
shall include in the report and summary the clerk sends under this	98
division all information described in divisions (A)(2)(a) to (f)	99
of this section regarding a case before the court of appeals that	100
is served by that clerk. The summary shall be written on the	101
standard forms furnished by the superintendent pursuant to	102
division (B) of this section and shall include the following	103
information:	104

(a) The incident tracking number contained on the standard	105
forms furnished by the superintendent pursuant to division (B) of	106
this section;	107

(b) The style and number of the case;

108

(c) The date of arrest, offense, summons, or arraignment;

109

(d) The date that the person was convicted of or pleaded	110
guilty to the offense, adjudicated a delinquent child for	111
committing the act that would be a felony or an offense of	112
violence if committed by an adult, found not guilty of the	113
offense, or found not to be a delinquent child for committing an	114
act that would be a felony or an offense of violence if committed	115
by an adult, the date of an entry dismissing the charge, an entry	116
declaring a mistrial of the offense in which the person is	117
discharged, an entry finding that the person or child is not	118
competent to stand trial, or an entry of a nolle prosequi, or the	119
date of any other determination that constitutes final resolution	120
of the case;	121

(e) A statement of the original charge with the section of	122
the Revised Code that was alleged to be violated;	123

(f) If the person or child was convicted, pleaded guilty, or	124
was adjudicated a delinquent child, the sentence or terms of	125
probation imposed or any other disposition of the offender or the	126
delinquent child.	127

If the offense involved the disarming of a law enforcement	128
officer or an attempt to disarm a law enforcement officer, the	129
clerk shall clearly state that fact in the summary, and the	130
superintendent shall ensure that a clear statement of that fact is	131
placed in the bureau's records.	132

(3) The superintendent shall cooperate with and assist	133
sheriffs, chiefs of police, and other law enforcement officers in	134
the establishment of a complete system of criminal identification	135
and in obtaining fingerprints and other means of identification of	136
all persons arrested on a charge of a felony, any crime	137
constituting a misdemeanor on the first offense and a felony on	138
subsequent offenses, or a misdemeanor described in division	139
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	140
Revised Code and of all children under eighteen years of age	141
arrested or otherwise taken into custody for committing an act	142
that would be a felony or an offense of violence if committed by	143
an adult. The superintendent also shall file for record the	144
fingerprint impressions of all persons confined in a county,	145
multicounty, municipal, municipal-county, or multicounty-municipal	146
jail or workhouse, community-based correctional facility, halfway	147
house, alternative residential facility, or state correctional	148
institution for the violation of state laws and of all children	149
under eighteen years of age who are confined in a county,	150
multicounty, municipal, municipal-county, or multicounty-municipal	151
jail or workhouse, community-based correctional facility, halfway	152
house, alternative residential facility, or state correctional	153
institution or in any facility for delinquent children for	154
committing an act that would be a felony or an offense of violence	155
if committed by an adult, and any other information that the	156
superintendent may receive from law enforcement officials of the	157
state and its political subdivisions.	158

(4) The superintendent shall carry out Chapter 2950. of the	159
Revised Code with respect to the registration of persons who are	160
convicted of or plead guilty to a sexually oriented offense or a	161
child-victim oriented offense and with respect to all other duties	162
imposed on the bureau under that chapter.	163

(5) The bureau shall perform centralized recordkeeping	164
functions for criminal history records and services in this state	165
for purposes of the national crime prevention and privacy compact	166
set forth in section 109.571 of the Revised Code and is the	167
criminal history record repository as defined in that section for	168
purposes of that compact. The superintendent or the	169
superintendent's designee is the compact officer for purposes of	170
that compact and shall carry out the responsibilities of the	171
compact officer specified in that compact.	172

(B) The superintendent shall prepare and furnish to every	173
county, multicounty, municipal, municipal-county, or	174
multicounty-municipal jail or workhouse, community-based	175
correctional facility, halfway house, alternative residential	176
facility, or state correctional institution and to every clerk of	177
a court in this state specified in division (A)(2) of this section	178
standard forms for reporting the information required under	179
division (A) of this section. The standard forms that the	180
superintendent prepares pursuant to this division may be in a	181
tangible format, in an electronic format, or in both tangible	182
formats and electronic formats.	183

(C)(1) The superintendent may operate a center for	184
electronic, automated, or other data processing for the storage	185
and retrieval of information, data, and statistics pertaining to	186
criminals and to children under eighteen years of age who are	187
adjudicated delinquent children for committing an act that would	188
be a felony or an offense of violence if committed by an adult,	189
criminal activity, crime prevention, law enforcement, and criminal	190
justice, and may establish and operate a statewide communications	191
network to be known as the Ohio law enforcement gateway to gather	192
and disseminate information, data, and statistics for the use of	193
law enforcement agencies and for other uses specified in this	194
division. The superintendent may gather, store, retrieve, and	195
disseminate information, data, and statistics that pertain to	196
children who are under eighteen years of age and that are gathered	197
pursuant to sections 109.57 to 109.61 of the Revised Code together	198
with information, data, and statistics that pertain to adults and	199
that are gathered pursuant to those sections.	200

(2) The superintendent or the superintendent's designee shall	201
gather information of the nature described in division (C)(1) of	202
this section that pertains to the offense and delinquency history	203
of a person who has been convicted of, pleaded guilty to, or been	204
adjudicated a delinquent child for committing a sexually oriented	205
offense or a child-victim oriented offense for inclusion in the	206
state registry of sex offenders and child-victim offenders	207
maintained pursuant to division (A)(1) of section 2950.13 of the	208
Revised Code and in the internet database operated pursuant to	209
division (A)(13) of that section and for possible inclusion in the	210
internet database operated pursuant to division (A)(11) of that	211
section.	212

(3) In addition to any other authorized use of information,	213
data, and statistics of the nature described in division (C)(1) of	214
this section, the superintendent or the superintendent's designee	215
may provide and exchange the information, data, and statistics	216
pursuant to the national crime prevention and privacy compact as	217
described in division (A)(5) of this section.	218

(4) The attorney general may adopt rules under Chapter 119.	219
of the Revised Code establishing guidelines for the operation of	220
and participation in the Ohio law enforcement gateway. The rules	221
may include criteria for granting and restricting access to	222
information gathered and disseminated through the Ohio law	223
enforcement gateway. The attorney general shall permit the state	224
medical board and board of nursing to access and view, but not	225
alter, information gathered and disseminated through the Ohio law	226
enforcement gateway.	227

The attorney general may appoint a steering committee to	228
advise the attorney general in the operation of the Ohio law	229
enforcement gateway that is comprised of persons who are	230
representatives of the criminal justice agencies in this state	231
that use the Ohio law enforcement gateway and is chaired by the	232
superintendent or the superintendent's designee.	233

(D)(1) The following are not public records under section	234
149.43 of the Revised Code:	235

(a) Information and materials furnished to the superintendent	236
pursuant to division (A) of this section;	237

(b) Information, data, and statistics gathered or	238
disseminated through the Ohio law enforcement gateway pursuant to	239
division (C)(1) of this section;	240

(c) Information and materials furnished to any board or	241
person under division (F) or (G) of this section.	242

(2) The superintendent or the superintendent's designee shall	243
gather and retain information so furnished under division (A) of	244
this section that pertains to the offense and delinquency history	245
of a person who has been convicted of, pleaded guilty to, or been	246
adjudicated a delinquent child for committing a sexually oriented	247
offense or a child-victim oriented offense for the purposes	248
described in division (C)(2) of this section.	249

(E) The attorney general shall adopt rules, in accordance	250
with Chapter 119. of the Revised Code, setting forth the procedure	251
by which a person may receive or release information gathered by	252
the superintendent pursuant to division (A) of this section. A	253
reasonable fee may be charged for this service. If a temporary	254
employment service submits a request for a determination of	255
whether a person the service plans to refer to an employment	256
position has been convicted of or pleaded guilty to an offense	257
listed in division (A)(1), (3), (4), (5), or (6) of section	258
109.572 of the Revised Code, the request shall be treated as a	259
single request and only one fee shall be charged.	260

(F)(1) As used in division (F)(2) of this section, "head	261
start agency" means an entity in this state that has been approved	262
to be an agency for purposes of subchapter II of the "Community	263
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	264
as amended.	265

(2)(a) In addition to or in conjunction with any request that	266
is required to be made under section 109.572, 2151.86, 3301.32,	267
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	268
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	269
Code or that is made under section 3314.41, 3319.392, or 3326.25	270
of the Revised Code, the board of education of any school	271
district; the director of developmental disabilities; any county	272
board of developmental disabilities; any entity under contract	273
with a county board of developmental disabilities; the chief	274
administrator of any chartered nonpublic school; the chief	275
administrator of any home health agency; the chief administrator	276
of or person operating any child day-care center, type A family	277
day-care home, or type B family day-care home licensed or	278
certified under Chapter 5104. of the Revised Code; the	279
administrator of any type C family day-care home certified	280
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	281
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	282
assembly; the chief administrator of any head start agency; the	283
executive director of a public children services agency; a private	284
company described in section 3314.41, 3319.392, or 3326.25 of the	285
Revised Code; or an employer described in division (J)(2) of	286
section 3327.10 of the Revised Code may request that the	287
superintendent of the bureau investigate and determine, with	288
respect to any individual who has applied for employment in any	289
position after October 2, 1989, or any individual wishing to apply	290
for employment with a board of education may request, with regard	291
to the individual, whether the bureau has any information gathered	292
under division (A) of this section that pertains to that	293
individual. On receipt of the request, the superintendent shall	294
determine whether that information exists and, upon request of the	295
person, board, or entity requesting information, also shall	296
request from the federal bureau of investigation any criminal	297
records it has pertaining to that individual. The superintendent	298
or the superintendent's designee also may request criminal history	299
records from other states or the federal government pursuant to	300
the national crime prevention and privacy compact set forth in	301
section 109.571 of the Revised Code. Within thirty days of the	302
date that the superintendent receives a request, the	303
superintendent shall send to the board, entity, or person a report	304
of any information that the superintendent determines exists,	305
including information contained in records that have been sealed	306
under section 2953.32 of the Revised Code, and, within thirty days	307
of its receipt, shall send the board, entity, or person a report	308
of any information received from the federal bureau of	309
investigation, other than information the dissemination of which	310
is prohibited by federal law.	311

(b) When a board of education is required to receive	312
information under this section as a prerequisite to employment of	313
an individual pursuant to section 3319.39 of the Revised Code, it	314
may accept a certified copy of records that were issued by the	315
bureau of criminal identification and investigation and that are	316
presented by an individual applying for employment with the	317
district in lieu of requesting that information itself. In such a	318
case, the board shall accept the certified copy issued by the	319
bureau in order to make a photocopy of it for that individual's	320
employment application documents and shall return the certified	321
copy to the individual. In a case of that nature, a district only	322
shall accept a certified copy of records of that nature within one	323
year after the date of their issuance by the bureau.	324

(c) Notwithstanding division (F)(2)(a) of this section, in	325
the case of a request under section 3319.39, 3319.391, or 3327.10	326
of the Revised Code only for criminal records maintained by the	327
federal bureau of investigation, the superintendent shall not	328
determine whether any information gathered under division (A) of	329
this section exists on the person for whom the request is made.	330

(3) The state board of education may request, with respect to	331
any individual who has applied for employment after October 2,	332
1989, in any position with the state board or the department of	333
education, any information that a school district board of	334
education is authorized to request under division (F)(2) of this	335
section, and the superintendent of the bureau shall proceed as if	336
the request has been received from a school district board of	337
education under division (F)(2) of this section.	338

(4) When the superintendent of the bureau receives a request	339
for information under section 3319.291 of the Revised Code, the	340
superintendent shall proceed as if the request has been received	341
from a school district board of education and shall comply with	342
divisions (F)(2)(a) and (c) of this section.	343

(5) When a recipient of a classroom reading improvement grant	344
paid under section 3301.86 of the Revised Code requests, with	345
respect to any individual who applies to participate in providing	346
any program or service funded in whole or in part by the grant,	347
the information that a school district board of education is	348
authorized to request under division (F)(2)(a) of this section,	349
the superintendent of the bureau shall proceed as if the request	350
has been received from a school district board of education under	351
division (F)(2)(a) of this section.	352

(G) In addition to or in conjunction with any request that is	353
required to be made under section 3701.881, 3712.09, 3721.121, or	354
3722.151 of the Revised Code with respect to an individual who has	355
applied for employment in a position that involves providing	356
direct care to an older adult, the chief administrator of a home	357
health agency, hospice care program, home licensed under Chapter	358
3721. of the Revised Code, adult day-care program operated	359
pursuant to rules adopted under section 3721.04 of the Revised	360
Code, or adult care facility may request that the superintendent	361
of the bureau investigate and determine, with respect to any	362
individual who has applied after January 27, 1997, for employment	363
in a position that does not involve providing direct care to an	364
older adult, whether the bureau has any information gathered under	365
division (A) of this section that pertains to that individual.	366

In addition to or in conjunction with any request that is	367
required to be made under section 173.27 of the Revised Code with	368
respect to an individual who has applied for employment in a	369
position that involves providing ombudsperson services to	370
residents of long-term care facilities or recipients of	371
community-based long-term care services, the state long-term care	372
ombudsperson, ombudsperson's designee, or director of health may	373
request that the superintendent investigate and determine, with	374
respect to any individual who has applied for employment in a	375
position that does not involve providing such ombudsperson	376
services, whether the bureau has any information gathered under	377
division (A) of this section that pertains to that applicant.	378

In addition to or in conjunction with any request that is	379
required to be made under section 173.394 of the Revised Code with	380
respect to an individual who has applied for employment in a	381
position that involves providing direct care to an individual, the	382
chief administrator of a community-based long-term care agency may	383
request that the superintendent investigate and determine, with	384
respect to any individual who has applied for employment in a	385
position that does not involve providing direct care, whether the	386
bureau has any information gathered under division (A) of this	387
section that pertains to that applicant.	388

On receipt of a request under this division, the	389
superintendent shall determine whether that information exists	390
and, on request of the individual requesting information, shall	391
also request from the federal bureau of investigation any criminal	392
records it has pertaining to the applicant. The superintendent or	393
the superintendent's designee also may request criminal history	394
records from other states or the federal government pursuant to	395
the national crime prevention and privacy compact set forth in	396
section 109.571 of the Revised Code. Within thirty days of the	397
date a request is received, the superintendent shall send to the	398
requester a report of any information determined to exist,	399
including information contained in records that have been sealed	400
under section 2953.32 of the Revised Code, and, within thirty days	401
of its receipt, shall send the requester a report of any	402
information received from the federal bureau of investigation,	403
other than information the dissemination of which is prohibited by	404
federal law.	405

(H) Information obtained by a government entity or person	406
under this section is confidential and shall not be released or	407
disseminated.	408

(I) The superintendent may charge a reasonable fee for	409
providing information or criminal records under division (F)(2) or	410
(G) of this section.	411

(J) As used in this section, "sexually oriented offense" and	412
"child-victim oriented offense" have the same meanings as in	413
section 2950.01 of the Revised Code.	414

Sec. 109.90. (A) The attorney general shall collaborate with	415
the state board of pharmacy and director of alcohol and drug	416
addiction services in the establishment and administration of a	417
drug take-back program, as provided under section 4729.69 of the	418
Revised Code. The office of the attorney general is solely	419
responsible for the costs incurred in the establishment and	420
administration of the program.	421

(B) The attorney general may accept grants, gifts, or	422
donations for purposes of the program. Money received under this	423
division or section 3793.22 or 4729.69 of the Revised Code shall	424
be deposited into the state treasury to the credit of the drug	425
take-back program fund, which is hereby created. Money credited to	426
the fund shall be used solely for purposes of the program.	427

Sec. 313.212. If the coroner determines that a drug overdose	428
is the cause of death of a person, the coroner may provide a	429
notice of the death to the state medical board. The coroner may	430
include in the notice any information relating to the drug that	431
resulted in the overdose, including the individual authorized	432
under Chapter 4731. of the Revised Code to practice medicine or	433
surgery, osteopathic medicine or surgery, or podiatric medicine or	434
surgery who prescribed the drug to the decedent.	435

Sec. 325.19.  (A)(1) The granting of vacation leave under	436
division (A)(1) of this section is subject to divisions (A)(2) and	437
(3) of this section. Each full-time employee in the several	438
offices and departments of the county service, including full-time	439
hourly rate employees, after service of one year with the county	440
or any political subdivision of the state, shall have earned and	441
will be due upon the attainment of the first year of employment,	442
and annually thereafter, eighty hours of vacation leave with full	443
pay. One year of service shall be computed on the basis of	444
twenty-six biweekly pay periods. A full-time county employee with	445
eight or more years of service with the county or any political	446
subdivision of the state shall have earned and is entitled to one	447
hundred twenty hours of vacation leave with full pay. A full-time	448
county employee with fifteen or more years of service with the	449
county or any political subdivision of the state shall have earned	450
and is entitled to one hundred sixty hours of vacation leave with	451
full pay. A full-time county employee with twenty-five years of	452
service with the county or any political subdivision of the state	453
shall have earned and is entitled to two hundred hours of vacation	454
leave with full pay. Such vacation leave shall accrue to the	455
employee at the rate of three and one-tenth hours each biweekly	456
period for those entitled to eighty hours per year; four and	457
six-tenths hours each biweekly period for those entitled to one	458
hundred twenty hours per year; six and two-tenths hours each	459
biweekly period for those entitled to one hundred sixty hours per	460
year; and seven and seven-tenths hours each biweekly period for	461
those entitled to two hundred hours per year.	462

The appointing authorities of the offices and departments of	463
the county service may permit all or any part of a person's prior	464
service with any regional council of government established in	465
accordance with Chapter 167. of the Revised Code to be considered	466
service with the county or a political subdivision of the state	467
for the purpose of determining years of service under this	468
division.	469

(2) Full-time employees granted vacation leave under division	470
(A)(1) of this section who render any standard of service other	471
than forty hours per week as described in division (J)(K) of this	472
section and who are in active pay status in a biweekly pay period,	473
shall accrue a number of hours of vacation leave during each such	474
pay period that bears the same ratio to the number of hours	475
specified in division (A)(1) of this section as their number of	476
hours which are accepted as full-time in active pay status,	477
excluding overtime hours, bears to eighty hours.	478

(3) Full-time employees granted vacation leave under division	479
(A)(1) of this section who are in active pay status in a biweekly	480
pay period for less than eighty hours or the number of hours of	481
service otherwise accepted as full-time by their employing office	482
or department shall accrue a number of hours of vacation leave	483
during that pay period that bears the same ratio to the number of	484
hours specified in division (A)(1) of this section as their number	485
of hours in active pay status, excluding overtime hours, bears to	486
eighty or the number of hours of service accepted as full-time,	487
whichever is applicable.	488

(B) A board of county commissioners, by resolution, may grant	489
vacation leave with full pay to part-time county employees. A	490
part-time county employee shall be eligible for vacation leave	491
with full pay upon the attainment of the first year of employment,	492
and annually thereafter. The ratio between the hours worked and	493
the vacation hours awarded to a part-time employee shall be the	494
same as the ratio between the hours worked and the vacation hours	495
earned by a full-time employee as provided for in this section.	496

(C) Days specified as holidays in section 124.19 of the	497
Revised Code shall not be charged to an employee's vacation leave.	498
Vacation leave shall be taken by the employee during the year in	499
which it accrued and prior to the next recurrence of the	500
anniversary date of the employee's employment, provided that the	501
appointing authority may, in special and meritorious cases, permit	502
such employee to accumulate and carry over the employee's vacation	503
leave to the following year. No vacation leave shall be carried	504
over for more than three years. An employee is entitled to	505
compensation, at the employee's current rate of pay, for the	506
prorated portion of any earned but unused vacation leave for the	507
current year to the employee's credit at time of separation, and	508
in addition shall be compensated for any unused vacation leave	509
accrued to the employee's credit, with the permission of the	510
appointing authority, for the three years immediately preceding	511
the last anniversary date of employment.	512

(D)(1) In addition to vacation leave, a full-time county	513
employee is entitled to eight hours of holiday pay for New Year's	514
day, Martin Luther King day, Washington-Lincoln day, Memorial day,	515
Independence day, Labor day, Columbus day, Veterans' day,	516
Thanksgiving day, and Christmas day, of each year. Except as	517
provided in division (D)(2) of this section, holidays shall occur	518
on the days specified in section 1.14 of the Revised Code. If any	519
of those holidays fall on Saturday, the Friday immediately	520
preceding shall be observed as the holiday. If any of those	521
holidays fall on Sunday, the Monday immediately succeeding shall	522
be observed as the holiday. If an employee's work schedule is	523
other than Monday through Friday, the employee is entitled to	524
holiday pay for holidays observed on the employee's day off	525
regardless of the day of the week on which they are observed.	526

(2)(a) When a classified employee of a county board of	527
developmental disabilities works at a site maintained by a	528
government entity other than the board, such as a public school,	529
the board may adjust the employee's holiday schedule to conform to	530
the schedule adopted by the government entity. Under an adjusted	531
holiday schedule, an employee shall receive the number of hours of	532
holiday pay granted under division (D)(1) of this section.	533

(b) Pursuant to division (J)(6) of section 339.06 of the	534
Revised Code, a county hospital may observe Martin Luther King	535
day, Washington-Lincoln day, Columbus day, and Veterans' day on	536
days other than those specified in section 1.14 of the Revised	537
Code.	538

(E) In the case of the death of a county employee, the unused	539
vacation leave and unpaid overtime to the credit of the employee	540
shall be paid in accordance with section 2113.04 of the Revised	541
Code, or to the employee's estate.	542

(F) Notwithstanding this section or any other section of the	543
Revised Code, any appointing authority of a county office,	544
department, commission, board, or body may, upon notification to	545
the board of county commissioners, establish alternative schedules	546
of vacation leave and holidays for employees of the appointing	547
authority for whom the state employment relations board has not	548
established an appropriate bargaining unit pursuant to section	549
4117.06 of the Revised Code, as long as the alternative schedules	550
are not inconsistent with the provisions of at least one	551
collective bargaining agreement covering other employees of that	552
appointing authority, if such an agreement exists. If no such	553
collective bargaining agreement exists, an appointing authority,	554
upon notification to the board of county commissioners, may	555
establish an alternative schedule of vacation leave and holidays	556
for its employees that does not diminish the vacation leave and	557
holiday benefits granted by this section.	558

(G) The employees of a county children services board that	559
establishes vacation benefits under section 5153.12 of the Revised	560
Code are exempt from division (A) of this section.	561

(H) The provisions of this section do not apply to	562
superintendents and management employees of county boards of	563
developmental disabilities.	564

(I) Division (A) of this section does not apply to an	565
employee of a county board of developmental disabilities who works	566
at, or provides transportation services to pupils of, a special	567
education program provided by the county board pursuant to	568
division (A)(4) of section 5126.05 of the Revised Code, if the	569
employee's employment is based on a school year and the employee	570
is not subject to a contract with the county board that provides	571
for division (A) of this section to apply to the employee.	572

(J) Notwithstanding division (C) of this section or any other	573
section of the Revised Code, if a separation from county service	574
occurs in connection with the lease, sale, or other transfer of	575
all or substantially all the business and assets of a county	576
hospital organized under Chapter 339. of the Revised Code to a	577
private corporation or other entity, the appointing authority	578
shall have no obligation to pay any compensation with respect to	579
unused vacation leave accrued to the credit of an employee who	580
accepts employment with the acquiring corporation or other entity,	581
if at the effective time of separation the acquiring corporation	582
or other entity expressly assumes such unused vacation leave	583
accrued to the employee's credit.	584

(K) As used in this section:

585

(1) "Full-time employee" means an employee whose regular	586
hours of service for a county total forty hours per week, or who	587
renders any other standard of service accepted as full-time by an	588
office, department, or agency of county service.	589

(2) "Part-time employee" means an employee whose regular	590
hours of service for a county total less than forty hours per	591
week, or who renders any other standard of service accepted as	592
part-time by an office, department, or agency of county service,	593
and whose hours of county service total at least five hundred	594
twenty hours annually.	595

(3) "Management employee" has the same meaning as in section	596
5126.20 of the Revised Code.	597

Sec. 3719.031. If the state board of pharmacy determines that	598
there is clear and convincing evidence that the method used by a	599
wholesaler of controlled substances licensed under section	600
3719.021 of the Revised Code to distribute controlled substances	601
presents a danger of immediate and serious harm to others, the	602
board may suspend the wholesaler's license without a hearing. The	603
board shall follow the procedure for suspension without a prior	604
hearing in section 119.07 of the Revised Code. The suspension	605
shall remain in effect, unless removed by the board, until the	606
board's final adjudication order becomes effective, except that if	607
the board does not issue its final adjudication order within	608
ninety days after the hearing, the suspension shall be void on the	609
ninety-first day after the suspension.	610

Sec. 3719.08.  (A) Whenever a manufacturer sells a controlled	611
substance, and whenever a wholesaler sells a controlled substance	612
in a package the wholesaler has prepared, the manufacturer or	613
wholesaler shall securely affix to each package in which the	614
controlled substance is contained a label showing in legible	615
English the name and address of the vendor and the quantity, kind,	616
and form of controlled substance contained therein. No person,	617
except a pharmacist for the purpose of dispensing a controlled	618
substance upon a prescription shall alter, deface, or remove any	619
label so affixed.	620

(B) Except as provided in division (C) of this section, when	621
a pharmacist dispenses any controlled substance on a prescription	622
for use by a patient, or supplies a controlled substance to a	623
licensed health professional authorized to prescribe drugs for use	624
by the professional in personally furnishing patients with	625
controlled substances, the pharmacist shall affix to the container	626
in which the controlled substance is dispensed or supplied a label	627
showing the following:	628

(1) The name and address of the pharmacy dispensing or	629
supplying the controlled substance;	630

(2) The name of the patient for whom the controlled substance	631
is prescribed and, if the patient is an animal, the name of the	632
owner and the species of the animal;	633

(3) The name of the prescriber;

634

(4) All directions for use stated on the prescription or	635
provided by the prescriber;	636

(5) The date on which the controlled substance was dispensed	637
or supplied;	638

(6) The name, quantity, and strength of the controlled	639
substance and, if applicable, the name of the distributor or	640
manufacturer.	641

(C) The requirements of division (B) of this section do not	642
apply when a controlled substance is prescribed or supplied for	643
administration to an ultimate user who is institutionalized.	644

(D) A licensed health professional authorized to prescribe	645
drugs who personally furnishes a controlled substance to a patient	646
shall comply with division (B)(A) of section 4729.294729.291 of	647
the Revised Code with respect to labeling and packaging of the	648
controlled substance.	649

(E) No person shall alter, deface, or remove any label	650
affixed pursuant to this section as long as any of the original	651
contents remain.	652

(F) Every label for a schedule II, III, or IV controlled	653
substance shall contain the following warning:	654

"Caution: federal law prohibits the transfer of this drug to	655
any person other than the patient for whom it was prescribed."	656

Sec. 3793.22. (A) The director of alcohol and drug addiction	657
services shall collaborate with the state board of pharmacy and	658
attorney general in the establishment and administration of a drug	659
take-back program, as provided under section 4729.69 of the	660
Revised Code.	661

(B) The department may accept grants, gifts, or donations for	662
purposes of the program. Money received under this division shall	663
be deposited into the drug take-back program fund established	664
under section 109.90 of the Revised Code.	665

Sec. 4121.50. Not later than July 1, 2012, the administrator	666
of workers' compensation shall adopt rules in accordance with	667
Chapter 119. of the Revised Code to implement a coordinated	668
services program for claimants under this chapter or Chapter	669
4123., 4127., or 4131. of the Revised Code who are found to have	670
obtained prescription drugs that were reimbursed pursuant to an	671
order of the administrator or of the industrial commission or by a	672
self-insuring employer but were obtained at a frequency or in an	673
amount that is not medically necessary. The program shall be	674
implemented in a manner that is substantially similar to the	675
coordinated services programs established for the medicaid program	676
under section 5111.085 and 5111.179 of the Revised Code.	677

Sec. 4715.30.  (A) An applicant for or holder of a	678
certificate or license issued under this chapter is subject to	679
disciplinary action by the state dental board for any of the	680
following reasons:	681

(1) Employing or cooperating in fraud or material deception	682
in applying for or obtaining a license or certificate;	683

(2) Obtaining or attempting to obtain money or anything of	684
value by intentional misrepresentation or material deception in	685
the course of practice;	686

(3) Advertising services in a false or misleading manner or	687
violating the board's rules governing time, place, and manner of	688
advertising;	689

(4) Conviction of a misdemeanor committed in the course of	690
practice or of any felony;	691

(5) Engaging in lewd or immoral conduct in connection with	692
the provision of dental services;	693

(6) Selling, prescribing, giving away, or administering drugs	694
for other than legal and legitimate therapeutic purposes, or	695
conviction of violating any law of this state or the federal	696
government regulating the possession, distribution, or use of any	697
drug;	698

(7) Providing or allowing dental hygienists, expanded	699
function dental auxiliaries, or other practitioners of auxiliary	700
dental occupations working under the certificate or license	701
holder's supervision, or a dentist holding a temporary limited	702
continuing education license under division (C) of section 4715.16	703
of the Revised Code working under the certificate or license	704
holder's direct supervision, to provide dental care that departs	705
from or fails to conform to accepted standards for the profession,	706
whether or not injury to a patient results;	707

(8) Inability to practice under accepted standards of the	708
profession because of physical or mental disability, dependence on	709
alcohol or other drugs, or excessive use of alcohol or other	710
drugs;	711

(9) Violation of any provision of this chapter or any rule	712
adopted thereunder;	713

(10) Failure to use universal blood and body fluid	714
precautions established by rules adopted under section 4715.03 of	715
the Revised Code;	716

(11) Waiving the payment of all or any part of a deductible	717
or copayment that a patient, pursuant to a health insurance or	718
health care policy, contract, or plan that covers dental services,	719
would otherwise be required to pay if the waiver is used as an	720
enticement to a patient or group of patients to receive health	721
care services from that provider.;	722

(12) Advertising that the certificate or license holder will	723
waive the payment of all or any part of a deductible or copayment	724
that a patient, pursuant to a health insurance or health care	725
policy, contract, or plan that covers dental services, would	726
otherwise be required to pay;	727

(13) Failure to comply with section 4729.79 of the Revised	728
Code, unless the state board of pharmacy no longer maintains a	729
drug database pursuant to section 4729.75 of the Revised Code.	730

(B) A manager, proprietor, operator, or conductor of a dental	731
facility shall be subject to disciplinary action if any dentist,	732
dental hygienist, expanded function dental auxiliary, or qualified	733
personnel providing services in the facility is found to have	734
committed a violation listed in division (A) of this section and	735
the manager, proprietor, operator, or conductor knew of the	736
violation and permitted it to occur on a recurring basis.	737

(C) Subject to Chapter 119. of the Revised Code, the board	738
may take one or more of the following disciplinary actions if one	739
or more of the grounds for discipline listed in divisions (A) and	740
(B) of this section exist:	741

(1) Censure the license or certificate holder;

742

(2) Place the license or certificate on probationary status	743
for such period of time the board determines necessary and require	744
the holder to:	745

(a) Report regularly to the board upon the matters which are	746
the basis of probation;	747

(b) Limit practice to those areas specified by the board;

748

(c) Continue or renew professional education until a	749
satisfactory degree of knowledge or clinical competency has been	750
attained in specified areas.	751

(3) Suspend the certificate or license;

752

(4) Revoke the certificate or license.

753

Where the board places a holder of a license or certificate	754
on probationary status pursuant to division (C)(2) of this	755
section, the board may subsequently suspend or revoke the license	756
or certificate if it determines that the holder has not met the	757
requirements of the probation or continues to engage in activities	758
that constitute grounds for discipline pursuant to division (A) or	759
(B) of this section.	760

Any order suspending a license or certificate shall state the	761
conditions under which the license or certificate will be	762
restored, which may include a conditional restoration during which	763
time the holder is in a probationary status pursuant to division	764
(C)(2) of this section. The board shall restore the license or	765
certificate unconditionally when such conditions are met.	766

(D) If the physical or mental condition of an applicant or a	767
license or certificate holder is at issue in a disciplinary	768
proceeding, the board may order the license or certificate holder	769
to submit to reasonable examinations by an individual designated	770
or approved by the board and at the board's expense. The physical	771
examination may be conducted by any individual authorized by the	772
Revised Code to do so, including a physician assistant, a clinical	773
nurse specialist, a certified nurse practitioner, or a certified	774
nurse-midwife. Any written documentation of the physical	775
examination shall be completed by the individual who conducted the	776
examination.	777

Failure to comply with an order for an examination shall be	778
grounds for refusal of a license or certificate or summary	779
suspension of a license or certificate under division (E) of this	780
section.	781

(E) If the board has reason to believe that a license or	782
certificate holder represents a clear and immediate danger to the	783
public health and safety if the holder is allowed to continue to	784
practice, or if the holder has failed to comply with an order	785
under division (D) of this section, the board may apply to the	786
court of common pleas of the county in which the holder resides	787
for an order temporarily suspending the holder's license or	788
certificate, without a prior hearing being afforded by the board,	789
until the board conducts an adjudication hearing pursuant to	790
Chapter 119. of the Revised Code. If the court temporarily	791
suspends a holder's license or certificate, the board shall give	792
written notice of the suspension personally or by certified mail	793
to the license or certificate holder. Such notice shall include	794
specific facts and reasons for finding a clear and immediate	795
danger to the public health and safety and shall inform the	796
license or certificate holder of the right to a hearing pursuant	797
to Chapter 119. of the Revised Code.	798

(F) Any holder of a certificate or license issued under this	799
chapter who has pleaded guilty to, has been convicted of, or has	800
had a judicial finding of eligibility for intervention in lieu of	801
conviction entered against the holder in this state for aggravated	802
murder, murder, voluntary manslaughter, felonious assault,	803
kidnapping, rape, sexual battery, gross sexual imposition,	804
aggravated arson, aggravated robbery, or aggravated burglary, or	805
who has pleaded guilty to, has been convicted of, or has had a	806
judicial finding of eligibility for treatment or intervention in	807
lieu of conviction entered against the holder in another	808
jurisdiction for any substantially equivalent criminal offense, is	809
automatically suspended from practice under this chapter in this	810
state and any certificate or license issued to the holder under	811
this chapter is automatically suspended, as of the date of the	812
guilty plea, conviction, or judicial finding, whether the	813
proceedings are brought in this state or another jurisdiction.	814
Continued practice by an individual after the suspension of the	815
individual's certificate or license under this division shall be	816
considered practicing without a certificate or license. The board	817
shall notify the suspended individual of the suspension of the	818
individual's certificate or license under this division by	819
certified mail or in person in accordance with section 119.07 of	820
the Revised Code. If an individual whose certificate or license is	821
suspended under this division fails to make a timely request for	822
an adjudicatory hearing, the board shall enter a final order	823
revoking the individual's certificate or license.	824

(G) Notwithstanding divisions (A)(11) and (12) of this	825
section, sanctions shall not be imposed against any licensee who	826
waives deductibles and copayments:	827

(1) In compliance with the health benefit plan that expressly	828
allows such a practice. Waiver of the deductibles or copayments	829
shall be made only with the full knowledge and consent of the plan	830
purchaser, payer, and third-party administrator. Such consent	831
shall be made available to the board upon request.	832

(2) For professional services rendered to any other person	833
licensed pursuant to this chapter to the extent allowed by this	834
chapter and the rules of the board.	835

(H) In no event shall the board consider or raise during a	836
hearing required by Chapter 119. of the Revised Code the	837
circumstances of, or the fact that the board has received, one or	838
more complaints about a person unless the one or more complaints	839
are the subject of the hearing or resulted in the board taking an	840
action authorized by this section against the person on a prior	841
occasion.	842

Sec. 4715.302. (A) As used in this section, "drug database"	843
means the database established and maintained by the state board	844
of pharmacy pursuant to section 4729.75 of the Revised Code.	845

(B) The state dental board shall adopt rules in accordance	846
with Chapter 119. of the Revised Code that establish standards and	847
procedures to be followed by a dentist regarding the review of	848
patient information available through the drug database.	849

(C) This section and the rules adopted under it do not apply	850
if the state board of pharmacy no longer maintains the drug	851
database.	852

Sec. 4723.064. The board of nursing may access and view, but	853
not alter, information gathered and disseminated through the Ohio	854
law enforcement gateway established under section 109.57 of the	855
Revised Code.	856

Sec. 4723.28.  (A) The board of nursing, by a vote of a	857
quorum, may revoke or may refuse to grant a nursing license,	858
certificate of authority, or dialysis technician certificate to a	859
person found by the board to have committed fraud in passing an	860
examination required to obtain the license, certificate of	861
authority, or dialysis technician certificate or to have committed	862
fraud, misrepresentation, or deception in applying for or securing	863
any nursing license, certificate of authority, or dialysis	864
technician certificate issued by the board.	865

(B) Subject to division (N) of this section, the board of	866
nursing, by a vote of a quorum, may impose one or more of the	867
following sanctions: deny, revoke, suspend, or place restrictions	868
on any nursing license, certificate of authority, or dialysis	869
technician certificate issued by the board; reprimand or otherwise	870
discipline a holder of a nursing license, certificate of	871
authority, or dialysis technician certificate; or impose a fine of	872
not more than five hundred dollars per violation. The sanctions	873
may be imposed for any of the following:	874

(1) Denial, revocation, suspension, or restriction of	875
authority to practice a health care occupation, including nursing	876
or practice as a dialysis technician, for any reason other than a	877
failure to renew, in Ohio or another state or jurisdiction;	878

(2) Engaging in the practice of nursing or engaging in	879
practice as a dialysis technician, having failed to renew a	880
nursing license or dialysis technician certificate issued under	881
this chapter, or while a nursing license or dialysis technician	882
certificate is under suspension;	883

(3) Conviction of, a plea of guilty to, a judicial finding of	884
guilt of, a judicial finding of guilt resulting from a plea of no	885
contest to, or a judicial finding of eligibility for intervention	886
in lieu of conviction for, a misdemeanor committed in the course	887
of practice;	888

(4) Conviction of, a plea of guilty to, a judicial finding of	889
guilt of, a judicial finding of guilt resulting from a plea of no	890
contest to, or a judicial finding of eligibility for intervention	891
in lieu of conviction for, any felony or of any crime involving	892
gross immorality or moral turpitude;	893

(5) Selling, giving away, or administering drugs or	894
therapeutic devices for other than legal and legitimate	895
therapeutic purposes; or conviction of, a plea of guilty to, a	896
judicial finding of guilt of, a judicial finding of guilt	897
resulting from a plea of no contest to, or a judicial finding of	898
eligibility for intervention in lieu of conviction for, violating	899
any municipal, state, county, or federal drug law;	900

(6) Conviction of, a plea of guilty to, a judicial finding of	901
guilt of, a judicial finding of guilt resulting from a plea of no	902
contest to, or a judicial finding of eligibility for intervention	903
in lieu of conviction for, an act in another jurisdiction that	904
would constitute a felony or a crime of moral turpitude in Ohio;	905

(7) Conviction of, a plea of guilty to, a judicial finding of	906
guilt of, a judicial finding of guilt resulting from a plea of no	907
contest to, or a judicial finding of eligibility for intervention	908
in lieu of conviction for, an act in the course of practice in	909
another jurisdiction that would constitute a misdemeanor in Ohio;	910

(8) Self-administering or otherwise taking into the body any	911
dangerous drug, as defined in section 4729.01 of the Revised Code,	912
in any way not in accordance with a legal, valid prescription	913
issued for that individual;	914

(9) Habitual indulgence in the use of controlled substances,	915
other habit-forming drugs, or alcohol or other chemical substances	916
to an extent that impairs ability to practice;	917

(10) Impairment of the ability to practice according to	918
acceptable and prevailing standards of safe nursing care because	919
of habitual or excessive use of drugs, alcohol, or other chemical	920
substances that impair the ability to practice;	921

(11) Impairment of the ability to practice according to	922
acceptable and prevailing standards of safe nursing care because	923
of a physical or mental disability;	924

(12) Assaulting or causing harm to a patient or depriving a	925
patient of the means to summon assistance;	926

(13) Obtaining or attempting to obtain money or anything of	927
value by intentional misrepresentation or material deception in	928
the course of practice;	929

(14) Adjudication by a probate court of being mentally ill or	930
mentally incompetent. The board may restore the person's nursing	931
license or dialysis technician certificate upon adjudication by a	932
probate court of the person's restoration to competency or upon	933
submission to the board of other proof of competency.	934

(15) The suspension or termination of employment by the	935
department of defense or the veterans administration of the United	936
States for any act that violates or would violate this chapter;	937

(16) Violation of this chapter or any rules adopted under it;

938

(17) Violation of any restrictions placed on a nursing	939
license or dialysis technician certificate by the board;	940

(18) Failure to use universal blood and body fluid	941
precautions established by rules adopted under section 4723.07 of	942
the Revised Code;	943

(19) Failure to practice in accordance with acceptable and	944
prevailing standards of safe nursing care or safe dialysis care;	945

(20) In the case of a registered nurse, engaging in	946
activities that exceed the practice of nursing as a registered	947
nurse;	948

(21) In the case of a licensed practical nurse, engaging in	949
activities that exceed the practice of nursing as a licensed	950
practical nurse;	951

(22) In the case of a dialysis technician, engaging in	952
activities that exceed those permitted under section 4723.72 of	953
the Revised Code;	954

(23) Aiding and abetting a person in that person's practice	955
of nursing without a license or practice as a dialysis technician	956
without a certificate issued under this chapter;	957

(24) In the case of a certified registered nurse anesthetist,	958
clinical nurse specialist, certified nurse-midwife, or certified	959
nurse practitioner, except as provided in division (M) of this	960
section, either of the following:	961

(a) Waiving the payment of all or any part of a deductible or	962
copayment that a patient, pursuant to a health insurance or health	963
care policy, contract, or plan that covers such nursing services,	964
would otherwise be required to pay if the waiver is used as an	965
enticement to a patient or group of patients to receive health	966
care services from that provider;	967

(b) Advertising that the nurse will waive the payment of all	968
or any part of a deductible or copayment that a patient, pursuant	969
to a health insurance or health care policy, contract, or plan	970
that covers such nursing services, would otherwise be required to	971
pay.	972

(25) Failure to comply with the terms and conditions of	973
participation in the chemical dependency monitoring program	974
established under section 4723.35 of the Revised Code;	975

(26) Failure to comply with the terms and conditions required	976
under the practice intervention and improvement program	977
established under section 4723.282 of the Revised Code;	978

(27) In the case of a certified registered nurse anesthetist,	979
clinical nurse specialist, certified nurse-midwife, or certified	980
nurse practitioner:	981

(a) Engaging in activities that exceed those permitted for	982
the nurse's nursing specialty under section 4723.43 of the Revised	983
Code;	984

(b) Failure to meet the quality assurance standards	985
established under section 4723.07 of the Revised Code.	986

(28) In the case of a clinical nurse specialist, certified	987
nurse-midwife, or certified nurse practitioner, failure to	988
maintain a standard care arrangement in accordance with section	989
4723.431 of the Revised Code or to practice in accordance with the	990
standard care arrangement;	991

(29) In the case of a clinical nurse specialist, certified	992
nurse-midwife, or certified nurse practitioner who holds a	993
certificate to prescribe issued under section 4723.48 of the	994
Revised Code, failure to prescribe drugs and therapeutic devices	995
in accordance with section 4723.481 of the Revised Code;	996

(30) Prescribing any drug or device to perform or induce an	997
abortion, or otherwise performing or inducing an abortion;	998

(31) Failure to establish and maintain professional	999
boundaries with a patient, as specified in rules adopted under	1000
section 4723.07 of the Revised Code;	1001

(32) Regardless of whether the contact or verbal behavior is	1002
consensual, engaging with a patient other than the spouse of the	1003
registered nurse, licensed practical nurse, or dialysis technician	1004
in any of the following:	1005

(a) Sexual contact, as defined in section 2907.01 of the	1006
Revised Code;	1007

(b) Verbal behavior that is sexually demeaning to the patient	1008
or may be reasonably interpreted by the patient as sexually	1009
demeaning.	1010

(33) Assisting suicide as defined in section 3795.01 of the	1011
Revised Code.	1012

(C) Disciplinary actions taken by the board under divisions	1013
(A) and (B) of this section shall be taken pursuant to an	1014
adjudication conducted under Chapter 119. of the Revised Code,	1015
except that in lieu of a hearing, the board may enter into a	1016
consent agreement with an individual to resolve an allegation of a	1017
violation of this chapter or any rule adopted under it. A consent	1018
agreement, when ratified by a vote of a quorum, shall constitute	1019
the findings and order of the board with respect to the matter	1020
addressed in the agreement. If the board refuses to ratify a	1021
consent agreement, the admissions and findings contained in the	1022
agreement shall be of no effect.	1023

(D) The hearings of the board shall be conducted in	1024
accordance with Chapter 119. of the Revised Code, the board may	1025
appoint a hearing examiner, as provided in section 119.09 of the	1026
Revised Code, to conduct any hearing the board is authorized to	1027
hold under Chapter 119. of the Revised Code.	1028

In any instance in which the board is required under Chapter	1029
119. of the Revised Code to give notice of an opportunity for a	1030
hearing and the applicant or license holder does not make a timely	1031
request for a hearing in accordance with section 119.07 of the	1032
Revised Code, the board is not required to hold a hearing, but may	1033
adopt, by a vote of a quorum, a final order that contains the	1034
board's findings. In the final order, the board may order any of	1035
the sanctions listed in division (A) or (B) of this section.	1036

(E) If a criminal action is brought against a registered	1037
nurse, licensed practical nurse, or dialysis technician for an act	1038
or crime described in divisions (B)(3) to (7) of this section and	1039
the action is dismissed by the trial court other than on the	1040
merits, the board shall conduct an adjudication to determine	1041
whether the registered nurse, licensed practical nurse, or	1042
dialysis technician committed the act on which the action was	1043
based. If the board determines on the basis of the adjudication	1044
that the registered nurse, licensed practical nurse, or dialysis	1045
technician committed the act, or if the registered nurse, licensed	1046
practical nurse, or dialysis technician fails to participate in	1047
the adjudication, the board may take action as though the	1048
registered nurse, licensed practical nurse, or dialysis technician	1049
had been convicted of the act.	1050

If the board takes action on the basis of a conviction, plea,	1051
or a judicial finding as described in divisions (B)(3) to (7) of	1052
this section that is overturned on appeal, the registered nurse,	1053
licensed practical nurse, or dialysis technician may, on	1054
exhaustion of the appeal process, petition the board for	1055
reconsideration of its action. On receipt of the petition and	1056
supporting court documents, the board shall temporarily rescind	1057
its action. If the board determines that the decision on appeal	1058
was a decision on the merits, it shall permanently rescind its	1059
action. If the board determines that the decision on appeal was	1060
not a decision on the merits, it shall conduct an adjudication to	1061
determine whether the registered nurse, licensed practical nurse,	1062
or dialysis technician committed the act on which the original	1063
conviction, plea, or judicial finding was based. If the board	1064
determines on the basis of the adjudication that the registered	1065
nurse, licensed practical nurse, or dialysis technician committed	1066
such act, or if the registered nurse, licensed practical nurse, or	1067
dialysis technician does not request an adjudication, the board	1068
shall reinstate its action; otherwise, the board shall permanently	1069
rescind its action.	1070

Notwithstanding the provision of division (C)(2) of section	1071
2953.32 of the Revised Code specifying that if records pertaining	1072
to a criminal case are sealed under that section the proceedings	1073
in the case shall be deemed not to have occurred, sealing of the	1074
records of a conviction on which the board has based an action	1075
under this section shall have no effect on the board's action or	1076
any sanction imposed by the board under this section.	1077

The board shall not be required to seal, destroy, redact, or	1078
otherwise modify its records to reflect the court's sealing of	1079
conviction records.	1080

(F) The board may investigate an individual's criminal	1081
background in performing its duties under this section.	1082

(G) During the course of an investigation conducted under	1083
this section, the board may compel any registered nurse, licensed	1084
practical nurse, or dialysis technician or applicant under this	1085
chapter to submit to a mental or physical examination, or both, as	1086
required by the board and at the expense of the individual, if the	1087
board finds reason to believe that the individual under	1088
investigation may have a physical or mental impairment that may	1089
affect the individual's ability to provide safe nursing care.	1090
Failure of any individual to submit to a mental or physical	1091
examination when directed constitutes an admission of the	1092
allegations, unless the failure is due to circumstances beyond the	1093
individual's control, and a default and final order may be entered	1094
without the taking of testimony or presentation of evidence.	1095

If the board finds that an individual is impaired, the board	1096
shall require the individual to submit to care, counseling, or	1097
treatment approved or designated by the board, as a condition for	1098
initial, continued, reinstated, or renewed authority to practice.	1099
The individual shall be afforded an opportunity to demonstrate to	1100
the board that the individual can begin or resume the individual's	1101
occupation in compliance with acceptable and prevailing standards	1102
of care under the provisions of the individual's authority to	1103
practice.	1104

For purposes of this division, any registered nurse, licensed	1105
practical nurse, or dialysis technician or applicant under this	1106
chapter shall be deemed to have given consent to submit to a	1107
mental or physical examination when directed to do so in writing	1108
by the board, and to have waived all objections to the	1109
admissibility of testimony or examination reports that constitute	1110
a privileged communication.	1111

(H) The board shall investigate evidence that appears to show	1112
that any person has violated any provision of this chapter or any	1113
rule of the board. Any person may report to the board any	1114
information the person may have that appears to show a violation	1115
of any provision of this chapter or rule of the board. In the	1116
absence of bad faith, any person who reports such information or	1117
who testifies before the board in any adjudication conducted under	1118
Chapter 119. of the Revised Code shall not be liable for civil	1119
damages as a result of the report or testimony.	1120

(I) All of the following apply under this chapter with	1121
respect to the confidentiality of information:	1122

(1) Information received by the board pursuant to an	1123
investigation is confidential and not subject to discovery in any	1124
civil action, except that the board may disclose information to	1125
law enforcement officers and government entities investigating	1126
either a licensed health care professional, including a registered	1127
nurse, licensed practical nurse, or dialysis technician, or a	1128
person who may have engaged in the unauthorized practice of	1129
nursing. No law enforcement officer or government entity with	1130
knowledge of any information disclosed by the board pursuant to	1131
this division shall divulge the information to any other person or	1132
government entity except for the purpose of a government	1133
investigation, a prosecution, or an adjudication by a court or	1134
licensing or registration board or officer to which the person to	1135
whom the information relates is a partygovernment entity.	1136

(2) If an investigation requires a review of patient records,	1137
the investigation and proceeding shall be conducted in such a	1138
manner as to protect patient confidentiality.	1139

(3) All adjudications and investigations of the board shall	1140
be considered civil actions for the purposes of section 2305.252	1141
of the Revised Code.	1142

(4) Any board activity that involves continued monitoring of	1143
an individual as part of or following any disciplinary action	1144
taken under this section shall be conducted in a manner that	1145
maintains the individual's confidentiality. Information received	1146
or maintained by the board with respect to the board's monitoring	1147
activities is confidential and not subject to discovery in any	1148
civil action.	1149

(J) Any action taken by the board under this section	1150
resulting in a suspension from practice shall be accompanied by a	1151
written statement of the conditions under which the person may be	1152
reinstated to practice.	1153

(K) When the board refuses to grant a license or certificate	1154
to an applicant, revokes a license or certificate, or refuses to	1155
reinstate a license or certificate, the board may specify that its	1156
action is permanent. An individual subject to permanent action	1157
taken by the board is forever ineligible to hold a license or	1158
certificate of the type that was refused or revoked and the board	1159
shall not accept from the individual an application for	1160
reinstatement of the license or certificate or for a new license	1161
or certificate.	1162

(L) No unilateral surrender of a nursing license, certificate	1163
of authority, or dialysis technician certificate issued under this	1164
chapter shall be effective unless accepted by majority vote of the	1165
board. No application for a nursing license, certificate of	1166
authority, or dialysis technician certificate issued under this	1167
chapter may be withdrawn without a majority vote of the board. The	1168
board's jurisdiction to take disciplinary action under this	1169
section is not removed or limited when an individual has a license	1170
or certificate classified as inactive or fails to renew a license	1171
or certificate.	1172

(M) Sanctions shall not be imposed under division (B)(24) of	1173
this section against any licensee who waives deductibles and	1174
copayments as follows:	1175

(1) In compliance with the health benefit plan that expressly	1176
allows such a practice. Waiver of the deductibles or copayments	1177
shall be made only with the full knowledge and consent of the plan	1178
purchaser, payer, and third-party administrator. Documentation of	1179
the consent shall be made available to the board upon request.	1180

(2) For professional services rendered to any other person	1181
licensed pursuant to this chapter to the extent allowed by this	1182
chapter and the rules of the board.	1183

(N)(1) Any person who enters a prelicensure nursing education	1184
program on or after June 1, 2003, and who subsequently applies	1185
under division (A) of section 4723.09 of the Revised Code for	1186
licensure to practice as a registered nurse or as a licensed	1187
practical nurse and any person who applies under division (B) of	1188
that section for license by endorsement to practice nursing as a	1189
registered nurse or as a licensed practical nurse shall submit a	1190
request to the bureau of criminal identification and investigation	1191
for the bureau to conduct a criminal records check of the	1192
applicant and to send the results to the board, in accordance with	1193
section 4723.09 of the Revised Code.	1194

The board shall refuse to grant a license to practice nursing	1195
as a registered nurse or as a licensed practical nurse under	1196
section 4723.09 of the Revised Code to a person who entered a	1197
prelicensure nursing education program on or after June 1, 2003,	1198
and applied under division (A) of section 4723.09 of the Revised	1199
Code for the license or a person who applied under division (B) of	1200
that section for the license, if the criminal records check	1201
performed in accordance with division (C) of that section	1202
indicates that the person has pleaded guilty to, been convicted	1203
of, or has had a judicial finding of guilt for violating section	1204
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1205
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1206
substantially similar law of another state, the United States, or	1207
another country.	1208

(2) Any person who enters a dialysis training program on or	1209
after June 1, 2003, and who subsequently applies for a certificate	1210
to practice as a dialysis technician shall submit a request to the	1211
bureau of criminal identification and investigation for the bureau	1212
to conduct a criminal records check of the applicant and to send	1213
the results to the board, in accordance with section 4723.75 of	1214
the Revised Code.	1215

The board shall refuse to issue a certificate to practice as	1216
a dialysis technician under section 4723.75 of the Revised Code to	1217
a person who entered a dialysis training program on or after June	1218
1, 2003, and whose criminal records check performed in accordance	1219
with division (C) of that section indicates that the person has	1220
pleaded guilty to, been convicted of, or has had a judicial	1221
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1222
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1223
2911.11 of the Revised Code or a substantially similar law of	1224
another state, the United States, or another country.	1225

Sec. 4723.487. (A) As used in this section, "drug database"	1226
means the database established and maintained by the state board	1227
of pharmacy pursuant to section 4729.75 of the Revised Code.	1228

(B) The board of nursing shall adopt rules in accordance with	1229
Chapter 119. of the Revised Code that establish standards and	1230
procedures to be followed by an advanced practice nurse with a	1231
certificate to prescribe issued under section 4723.48 of the	1232
Revised Code regarding the review of patient information available	1233
through the drug database.	1234

(C) This section and the rules adopted under it do not apply	1235
if the state board of pharmacy no longer maintains the drug	1236
database.	1237

Sec. 4725.092. (A) As used in this section, "drug database"	1238
means the database established and maintained by the state board	1239
of pharmacy pursuant to section 4729.75 of the Revised Code.	1240

(B) The state board of optometry shall adopt rules in	1241
accordance with Chapter 119. of the Revised Code that establish	1242
standards and procedures to be followed by an optometrist who	1243
holds a therapeutic pharmaceutical agents certificate regarding	1244
the review of patient information available through the drug	1245
database.	1246

(C) This section and the rules adopted under it do not apply	1247
if the state board of pharmacy no longer maintains the drug	1248
database.	1249

Sec. 4729.01. As used in this chapter:

1250

(A) "Pharmacy," except when used in a context that refers to	1251
the practice of pharmacy, means any area, room, rooms, place of	1252
business, department, or portion of any of the foregoing where the	1253
practice of pharmacy is conducted.	1254

(B) "Practice of pharmacy" means providing pharmacist care	1255
requiring specialized knowledge, judgment, and skill derived from	1256
the principles of biological, chemical, behavioral, social,	1257
pharmaceutical, and clinical sciences. As used in this division,	1258
"pharmacist care" includes the following:	1259

(1) Interpreting prescriptions;

1260

(2) Dispensing drugs and drug therapy related devices;

1261

(3) Compounding drugs;

1262

(4) Counseling individuals with regard to their drug therapy,	1263
recommending drug therapy related devices, and assisting in the	1264
selection of drugs and appliances for treatment of common diseases	1265
and injuries and providing instruction in the proper use of the	1266
drugs and appliances;	1267

(5) Performing drug regimen reviews with individuals by	1268
discussing all of the drugs that the individual is taking and	1269
explaining the interactions of the drugs;	1270

(6) Performing drug utilization reviews with licensed health	1271
professionals authorized to prescribe drugs when the pharmacist	1272
determines that an individual with a prescription has a drug	1273
regimen that warrants additional discussion with the prescriber;	1274

(7) Advising an individual and the health care professionals	1275
treating an individual with regard to the individual's drug	1276
therapy;	1277

(8) Acting pursuant to a consult agreement with a physician	1278
authorized under Chapter 4731. of the Revised Code to practice	1279
medicine and surgery or osteopathic medicine and surgery, if an	1280
agreement has been established with the physician;	1281

(9) Engaging in the administration of immunizations to the	1282
extent authorized by section 4729.41 of the Revised Code.	1283

(C) "Compounding" means the preparation, mixing, assembling,	1284
packaging, and labeling of one or more drugs in any of the	1285
following circumstances:	1286

(1) Pursuant to a prescription issued by a licensed health	1287
professional authorized to prescribe drugs;	1288

(2) Pursuant to the modification of a prescription made in	1289
accordance with a consult agreement;	1290

(3) As an incident to research, teaching activities, or	1291
chemical analysis;	1292

(4) In anticipation of orders for drugs pursuant to	1293
prescriptions, based on routine, regularly observed dispensing	1294
patterns;	1295

(5) Pursuant to a request made by a licensed health	1296
professional authorized to prescribe drugs for a drug that is to	1297
be used by the professional for the purpose of direct	1298
administration to patients in the course of the professional's	1299
practice, if all of the following apply:	1300

(a) At the time the request is made, the drug is not	1301
commercially available regardless of the reason that the drug is	1302
not available, including the absence of a manufacturer for the	1303
drug or the lack of a readily available supply of the drug from a	1304
manufacturer.	1305

(b) A limited quantity of the drug is compounded and provided	1306
to the professional.	1307

(c) The drug is compounded and provided to the professional	1308
as an occasional exception to the normal practice of dispensing	1309
drugs pursuant to patient-specific prescriptions.	1310

(D) "Consult agreement" means an agreement to manage an	1311
individual's drug therapy that has been entered into by a	1312
pharmacist and a physician authorized under Chapter 4731. of the	1313
Revised Code to practice medicine and surgery or osteopathic	1314
medicine and surgery.	1315

(E) "Drug" means:

1316

(1) Any article recognized in the United States pharmacopoeia	1317
and national formulary, or any supplement to them, intended for	1318
use in the diagnosis, cure, mitigation, treatment, or prevention	1319
of disease in humans or animals;	1320

(2) Any other article intended for use in the diagnosis,	1321
cure, mitigation, treatment, or prevention of disease in humans or	1322
animals;	1323

(3) Any article, other than food, intended to affect the	1324
structure or any function of the body of humans or animals;	1325

(4) Any article intended for use as a component of any	1326
article specified in division (E)(1), (2), or (3) of this section;	1327
but does not include devices or their components, parts, or	1328
accessories.	1329

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

1330

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

1331

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	1332
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	1333
required to bear a label containing the legend "Caution: Federal	1334
law prohibits dispensing without prescription" or "Caution:	1335
Federal law restricts this drug to use by or on the order of a	1336
licensed veterinarian" or any similar restrictive statement, or	1337
the drug may be dispensed only upon a prescription;	1338

(b) Under Chapter 3715. or 3719. of the Revised Code, the	1339
drug may be dispensed only upon a prescription.	1340

(2) Any drug that contains a schedule V controlled substance	1341
and that is exempt from Chapter 3719. of the Revised Code or to	1342
which that chapter does not apply;	1343

(3) Any drug intended for administration by injection into	1344
the human body other than through a natural orifice of the human	1345
body.	1346

(G) "Federal drug abuse control laws" has the same meaning as	1347
in section 3719.01 of the Revised Code.	1348

(H) "Prescription" means a written, electronic, or oral order	1349
for drugs or combinations or mixtures of drugs to be used by a	1350
particular individual or for treating a particular animal, issued	1351
by a licensed health professional authorized to prescribe drugs.	1352

(I) "Licensed health professional authorized to prescribe	1353
drugs" or "prescriber" means an individual who is authorized by	1354
law to prescribe drugs or dangerous drugs or drug therapy related	1355
devices in the course of the individual's professional practice,	1356
including only the following:	1357

(1) A dentist licensed under Chapter 4715. of the Revised	1358
Code;	1359

(2) A clinical nurse specialist, certified nurse-midwife, or	1360
certified nurse practitioner who holds a certificate to prescribe	1361
issued under section 4723.48 of the Revised Code;	1362

(3) An optometrist licensed under Chapter 4725. of the	1363
Revised Code to practice optometry under a therapeutic	1364
pharmaceutical agents certificate;	1365

(4) A physician authorized under Chapter 4731. of the Revised	1366
Code to practice medicine and surgery, osteopathic medicine and	1367
surgery, or podiatrypodiatric medicine and surgery;	1368

(5) A physician assistant who holds a certificate to	1369
prescribe issued under Chapter 4730. of the Revised Code;	1370

(6) A veterinarian licensed under Chapter 4741. of the	1371
Revised Code.	1372

(J) "Sale" and "sell" include delivery, transfer, barter,	1373
exchange, or gift, or offer therefor, and each such transaction	1374
made by any person, whether as principal proprietor, agent, or	1375
employee.	1376

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	1377
which the purpose of the purchaser is to resell the article	1378
purchased or received by the purchaser.	1379

(L) "Retail sale" and "sale at retail" mean any sale other	1380
than a wholesale sale or sale at wholesale.	1381

(M) "Retail seller" means any person that sells any dangerous	1382
drug to consumers without assuming control over and responsibility	1383
for its administration. Mere advice or instructions regarding	1384
administration do not constitute control or establish	1385
responsibility.	1386

(N) "Price information" means the price charged for a	1387
prescription for a particular drug product and, in an easily	1388
understandable manner, all of the following:	1389

(1) The proprietary name of the drug product;

1390

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

1391

(3) The strength of the drug product if the product contains	1392
a single active ingredient or if the drug product contains more	1393
than one active ingredient and a relevant strength can be	1394
associated with the product without indicating each active	1395
ingredient. The established name and quantity of each active	1396
ingredient are required if such a relevant strength cannot be so	1397
associated with a drug product containing more than one	1398
ingredient.	1399

(4) The dosage form;

1400

(5) The price charged for a specific quantity of the drug	1401
product. The stated price shall include all charges to the	1402
consumer, including, but not limited to, the cost of the drug	1403
product, professional fees, handling fees, if any, and a statement	1404
identifying professional services routinely furnished by the	1405
pharmacy. Any mailing fees and delivery fees may be stated	1406
separately without repetition. The information shall not be false	1407
or misleading.	1408

(O) "Wholesale distributor of dangerous drugs" means a person	1409
engaged in the sale of dangerous drugs at wholesale and includes	1410
any agent or employee of such a person authorized by the person to	1411
engage in the sale of dangerous drugs at wholesale.	1412

(P) "Manufacturer of dangerous drugs" means a person, other	1413
than a pharmacist, who manufactures dangerous drugs and who is	1414
engaged in the sale of those dangerous drugs within this state.	1415

(Q) "Terminal distributor of dangerous drugs" means a person	1416
who is engaged in the sale of dangerous drugs at retail, or any	1417
person, other than a wholesale distributor or a pharmacist, who	1418
has possession, custody, or control of dangerous drugs for any	1419
purpose other than for that person's own use and consumption, and	1420
includes pharmacies, hospitals, nursing homes, and laboratories	1421
and all other persons who procure dangerous drugs for sale or	1422
other distribution by or under the supervision of a pharmacist or	1423
licensed health professional authorized to prescribe drugs.	1424

(R) "Promote to the public" means disseminating a	1425
representation to the public in any manner or by any means, other	1426
than by labeling, for the purpose of inducing, or that is likely	1427
to induce, directly or indirectly, the purchase of a dangerous	1428
drug at retail.	1429

(S) "Person" includes any individual, partnership,	1430
association, limited liability company, or corporation, the state,	1431
any political subdivision of the state, and any district,	1432
department, or agency of the state or its political subdivisions.	1433

(T) "Finished dosage form" has the same meaning as in section	1434
3715.01 of the Revised Code.	1435

(U) "Generically equivalent drug" has the same meaning as in	1436
section 3715.01 of the Revised Code.	1437

(V) "Animal shelter" means a facility operated by a humane	1438
society or any society organized under Chapter 1717. of the	1439
Revised Code or a dog pound operated pursuant to Chapter 955. of	1440
the Revised Code.	1441

(W) "Food" has the same meaning as in section 3715.01 of the	1442
Revised Code.	1443

(X) "Pain management clinic" has the same meaning as in	1444
section 4731.054 of the Revised Code.	1445

Sec. 4729.071.  (A) As used in this section, "license" and	1446
"applicant for an initial license" have the same meanings as in	1447
section 4776.01 of the Revised Code, except that "license" as used	1448
in both of those terms refers to the types of authorizations	1449
otherwise issued or conferred under this chapter.	1450

(B) In addition to any other eligibility requirement set	1451
forth in this chapter, each applicant for an initial license shall	1452
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1453
state board of pharmacy shall not grant a license to an applicant	1454
for an initial license unless the applicant complies with sections	1455
4776.01 to 4776.04 of the Revised Code and the board, in its	1456
discretion, decides that the results of the criminal records check	1457
do not make the applicant ineligible for a license issued pursuant	1458
to section 4729.08, 4729.09, or 4729.11, or 4729.552 of the	1459
Revised Code.	1460

Sec. 4729.162. (A) As used in this section, "drug database"	1461
means the database established and maintained by the state board	1462
of pharmacy pursuant to section 4729.75 of the Revised Code.	1463

(B) The state board of pharmacy shall adopt rules in	1464
accordance with Chapter 119. of the Revised Code that establish	1465
standards and procedures to be followed by a pharmacist regarding	1466
the review of patient information available through the drug	1467
database.	1468

(C) This section and the rules adopted under it do not apply	1469
if the board no longer maintains the drug database.	1470

Sec. 4729.29. (A) Divisions (A) and (B) of section 4729.01	1471
and section 4729.28 of the Revised Code do not do eitherany of	1472
the following:	1473

(1)(A) Apply to a licensed health professional authorized to	1474
prescribe drugs or preventwho is acting within the prescriber's	1475
scope of professional practice;	1476

(B) Prevent a prescriber from personally furnishing the	1477
prescriber's patients with drugs, within the prescriber's scope of	1478
professional practice, that seem proper to the prescriber., as	1479
long as the drugs are furnished in accordance with section	1480
4729.291 of the Revised Code;	1481

(2)(C) Apply to the sale of oxygen, peritoneal dialysis	1482
solutions, or the sale of drugs that are not dangerous drugs by a	1483
retail dealer, in original packages when labeled as required by	1484
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	1485
21 U.S.C.A. 301, as amended.	1486

(B) When a prescriber personally furnishes drugs to a patient	1487
pursuant to division (A)(1) of this section, the prescriber shall	1488
ensure that the drugs are labeled and packaged in accordance with	1489
state and federal drug laws and any rules and regulations adopted	1490
pursuant to those laws. Records of purchase and disposition of all	1491
drugs personally furnished to patients shall be maintained by the	1492
prescriber in accordance with state and federal drug statutes and	1493
any rules adopted pursuant to those statutes.	1494

When personally furnishing to a patient RU-486	1495
(mifepristone), a prescriber is subject to section 2919.123 of the	1496
Revised Code. A prescription for RU-486 (mifepristone) shall be in	1497
writing and in accordance with section 2919.123 of the Revised	1498
Code.	1499

Sec. 4729.291.  (A) When a licensed health professional	1500
authorized to prescribe drugs personally furnishes drugs to a	1501
patient pursuant to division (B) of section 4729.29 of the Revised	1502
Code, the prescriber shall ensure that the drugs are labeled and	1503
packaged in accordance with state and federal drug laws and any	1504
rules and regulations adopted pursuant to those laws. Records of	1505
purchase and disposition of all drugs personally furnished to	1506
patients shall be maintained by the prescriber in accordance with	1507
state and federal drug statutes and any rules adopted pursuant to	1508
those statutes.	1509

(B) When personally furnishing to a patient RU-486	1510
(mifepristone), a prescriber is subject to section 2919.123 of the	1511
Revised Code. A prescription for RU-486 (mifepristone) shall be in	1512
writing and in accordance with section 2919.123 of the Revised	1513
Code.	1514

(C)(1) Except as provided in division (C)(2) of this section,	1515
a prescriber may not do either of the following:	1516

(a) In any thirty-day period, personally furnish to all	1517
patients, taken as a whole, controlled substances in an amount	1518
that exceeds a total of two thousand five hundred dosage units;	1519

(b) In any seventy-two-hour period, personally furnish to or	1520
for a patient an amount of a controlled substance that exceeds the	1521
amount necessary for the patient's use in a seventy-two-hour	1522
period.	1523

(2) Division (C)(1) of this section does not apply to either	1524
of the following:	1525

(a) A veterinarian;

1526

(b) The amount of any methadone personally furnished to a	1527
patient by a prescriber for the purpose of treating drug	1528
addiction.	1529

(3) The state board of pharmacy may impose a fine of not more	1530
than five thousand dollars on a prescriber who fails to comply	1531
with the limits established under division (C)(1) of this section.	1532
A separate fine may be imposed for each instance of failing to	1533
comply with the limits. In imposing the fine, the board's actions	1534
shall be taken in accordance with Chapter 119. of the Revised	1535
Code.	1536

Sec. 4729.51.  (A) No person other than a registered	1537
wholesale distributor of dangerous drugs shall possess for sale,	1538
sell, distribute, or deliver, at wholesale, dangerous drugs,	1539
except as follows:	1540

(1) A pharmacist who is a licensed terminal distributor of	1541
dangerous drugs or who is employed by a licensed terminal	1542
distributor of dangerous drugs may make occasional sales of	1543
dangerous drugs at wholesale;	1544

(2) A licensed terminal distributor of dangerous drugs having	1545
more than one establishment or place may transfer or deliver	1546
dangerous drugs from one establishment or place for which a	1547
license has been issued to the terminal distributor to another	1548
establishment or place for which a license has been issued to the	1549
terminal distributor if the license issued for each establishment	1550
or place is in effect at the time of the transfer or delivery.	1551

(B)(1) No registered wholesale distributor of dangerous drugs	1552
shall possess for sale, or sell, at wholesale, dangerous drugs to	1553
any person other than the following:	1554

(a) AExcept as provided in division (B)(3) of this section,	1555
a licensed health professional authorized to prescribe drugs;	1556

(b) An optometrist licensed under Chapter 4725. of the	1557
Revised Code who holds a topical ocular pharmaceutical agents	1558
certificate;	1559

(c) A registered wholesale distributor of dangerous drugs;

1560

(d) A manufacturer of dangerous drugs;

1561

(e) ASubject to division (B)(3) of this section, a licensed	1562
terminal distributor of dangerous drugs, subject to division	1563
(B)(2) of this section;	1564

(f) Carriers or warehousers for the purpose of carriage or	1565
storage;	1566

(g) Terminal or wholesale distributors of dangerous drugs who	1567
are not engaged in the sale of dangerous drugs within this state;	1568

(h) An individual who holds a current license, certificate,	1569
or registration issued under Title 47 of the Revised Code and has	1570
been certified to conduct diabetes education by a national	1571
certifying body specified in rules adopted by the state board of	1572
pharmacy under section 4729.68 of the Revised Code, but only with	1573
respect to insulin that will be used for the purpose of diabetes	1574
education and only if diabetes education is within the	1575
individual's scope of practice under statutes and rules regulating	1576
the individual's profession;	1577

(i) An individual who holds a valid certificate issued by a	1578
nationally recognized S.C.U.B.A. diving certifying organization	1579
approved by the state board of pharmacy board in rule, but only	1580
with respect to medical oxygen that will be used for the purpose	1581
of emergency care or treatment at the scene of a diving emergency;	1582

(j) AExcept as provided in division (B)(2) of this section,	1583
a business entity that is a corporation formed under division (B)	1584
of section 1701.03 of the Revised Code, a limited liability	1585
company formed under Chapter 1705. of the Revised Code, or a	1586
professional association formed under Chapter 1785. of the Revised	1587
Code if the entity has a sole shareholder who is a licensed health	1588
professional authorized to prescribe drugs and is authorized to	1589
provide the professional services being offered by the entity;	1590

(k) AExcept as provided in division (B)(2) of this section,	1591
a business entity that is a corporation formed under division (B)	1592
of section 1701.03 of the Revised Code, a limited liability	1593
company formed under Chapter 1705. of the Revised Code, a	1594
partnership or a limited liability partnership formed under	1595
Chapter 1775. of the Revised Code, or a professional association	1596
formed under Chapter 1785. of the Revised Code, if, to be a	1597
shareholder, member, or partner, an individual is required to be	1598
licensed, certified, or otherwise legally authorized under Title	1599
XLVII of the Revised Code to perform the professional service	1600
provided by the entity and each such individual is a licensed	1601
health professional authorized to prescribe drugs.	1602

(2) No registered wholesaler of dangerous drugs shall possess	1603
for sale, or sell, at wholesale, dangerous drugs to any of the	1604
following:	1605

(a) A prescriber who is employed by a pain management clinic	1606
that is not licensed as a terminal distributor of dangerous drugs	1607
with a pain management clinic classification issued under section	1608
4729.552 of the Revised Code;	1609

(b) A business entity described in division (B)(1)(j) of this	1610
section that is, or is operating, a pain management clinic without	1611
a license as a terminal distributor of dangerous drugs with a pain	1612
management clinic classification issued under section 4729.552 of	1613
the Revised Code;	1614

(c) A business entity described in division (B)(1)(k) of this	1615
section that is, or is operating, a pain management clinic without	1616
a license as a terminal distributor of dangerous drugs with a pain	1617
management clinic classification issued under section 4729.552 of	1618
the Revised Code.	1619

(3) No registered wholesale distributor of dangerous drugs	1620
shall possess dangerous drugs for sale at wholesale, or sell such	1621
drugs at wholesale, to a licensed terminal distributor of	1622
dangerous drugs, except toas follows:	1623

(a) AIn the case of a terminal distributor who haswith a	1624
category I license, only dangerous drugs described in category I,	1625
as defined in division (A)(1) of section 4729.54 of the Revised	1626
Code;	1627

(b) AIn the case of a terminal distributor who haswith a	1628
category II license, only dangerous drugs described in category I	1629
and category II, as defined in divisions (A)(1) and (2) of section	1630
4729.54 of the Revised Code;	1631

(c) AIn the case of a terminal distributor who haswith a	1632
category III license, dangerous drugs described in category I,	1633
category II, and category III, as defined in divisions (A)(1),	1634
(2), and (3) of section 4729.54 of the Revised Code;	1635

(d) AIn the case of a terminal distributor who haswith a	1636
limited category I, II, or III license, only the dangerous drugs	1637
specified in the certificate furnished by the terminal distributor	1638
in accordance with section 4729.60 of the Revised Code.	1639

(C)(1) Except as provided in division (C)(4) of this section,	1640
no person shall sell, at retail, dangerous drugs.	1641

(2) Except as provided in division (C)(4) of this section, no	1642
person shall possess for sale, at retail, dangerous drugs.	1643

(3) Except as provided in division (C)(4) of this section, no	1644
person shall possess dangerous drugs.	1645

(4) Divisions (C)(1), (2), and (3) of this section do not	1646
apply to a registered wholesale distributor of dangerous drugs, a	1647
licensed terminal distributor of dangerous drugs, or a person who	1648
possesses, or possesses for sale or sells, at retail, a dangerous	1649
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	1650
4729., 4730., 4731., and 4741. of the Revised Code.	1651

Divisions (C)(1), (2), and (3) of this section do not apply	1652
to an individual who holds a current license, certificate, or	1653
registration issued under Title XLVII of the Revised Code and has	1654
been certified to conduct diabetes education by a national	1655
certifying body specified in rules adopted by the state board of	1656
pharmacy under section 4729.68 of the Revised Code, but only to	1657
the extent that the individual possesses insulin or personally	1658
supplies insulin solely for the purpose of diabetes education and	1659
only if diabetes education is within the individual's scope of	1660
practice under statutes and rules regulating the individual's	1661
profession.	1662

Divisions (C)(1), (2), and (3) of this section do not apply	1663
to an individual who holds a valid certificate issued by a	1664
nationally recognized S.C.U.B.A. diving certifying organization	1665
approved by the state board of pharmacy board in rule, but only to	1666
the extent that the individual possesses medical oxygen or	1667
personally supplies medical oxygen for the purpose of emergency	1668
care or treatment at the scene of a diving emergency.	1669

(D) No licensed terminal distributor of dangerous drugs shall	1670
purchase for the purpose of resale dangerous drugs from any person	1671
other than a registered wholesale distributor of dangerous drugs,	1672
except as follows:	1673

(1) A licensed terminal distributor of dangerous drugs may	1674
make occasional purchases of dangerous drugs for resale from a	1675
pharmacist who is a licensed terminal distributor of dangerous	1676
drugs or who is employed by a licensed terminal distributor of	1677
dangerous drugs;	1678

(2) A licensed terminal distributor of dangerous drugs having	1679
more than one establishment or place may transfer or receive	1680
dangerous drugs from one establishment or place for which a	1681
license has been issued to the terminal distributor to another	1682
establishment or place for which a license has been issued to the	1683
terminal distributor if the license issued for each establishment	1684
or place is in effect at the time of the transfer or receipt.	1685

(E) No licensed terminal distributor of dangerous drugs shall	1686
engage in the sale or other distribution of dangerous drugs at	1687
retail or maintain possession, custody, or control of dangerous	1688
drugs for any purpose other than the distributor's personal use or	1689
consumption, at any establishment or place other than that or	1690
those described in the license issued by the state board of	1691
pharmacy to such terminal distributor.	1692

(F) Nothing in this section shall be construed to interfere	1693
with the performance of official duties by any law enforcement	1694
official authorized by municipal, county, state, or federal law to	1695
collect samples of any drug, regardless of its nature or in whose	1696
possession it may be.	1697

Sec. 4729.54.  (A) As used in this section and section	1698
4729.541 of the Revised Code:	1699

(1) "Category I" means single-dose injections of intravenous	1700
fluids, including saline, Ringer's lactate, five per cent dextrose	1701
and distilled water, and other intravenous fluids or parenteral	1702
solutions included in this category by rule of the state board of	1703
pharmacy, that have a volume of one hundred milliliters or more	1704
and that contain no added substances, or single-dose injections of	1705
epinephrine to be administered pursuant to sections 4765.38 and	1706
4765.39 of the Revised Code.	1707

(2) "Category II" means any dangerous drug that is not	1708
included in category I or III.	1709

(3) "Category III" means any controlled substance that is	1710
contained in schedule I, II, III, IV, or V.	1711

(4) "Emergency medical service organization" has the same	1712
meaning as in section 4765.01 of the Revised Code.	1713

(5) "Person" includes an emergency medical service	1714
organization.	1715

(6) "Schedule I, schedule II, schedule III, schedule IV, and	1716
schedule V" mean controlled substance schedules I, II, III, IV,	1717
and V, respectively, as established pursuant to section 3719.41 of	1718
the Revised Code and as amended.	1719

(B)(1) A person who desires to be licensed as a terminal	1720
distributor of dangerous drugs shall file with the executive	1721
director of the state board of pharmacy a verified application	1722
that contains. After it is filed, the application may not be	1723
withdrawn without approval of the board.	1724

(2) An application shall contain all the following that apply	1725
in the applicant's case:	1726

(1)(a) Information that the board requires relative to the	1727
qualifications of a terminal distributor of dangerous drugs set	1728
forth in section 4729.55 of the Revised Code;	1729

(2)(b) A statement that the person wishes to be licensed as a	1730
category I, category II, category III, limited category I, limited	1731
category II, or limited category III terminal distributor of	1732
dangerous drugs;	1733

(3)(c) If the person wishes to be licensed as a limited	1734
category I, limited category II, or limited category III terminal	1735
distributor of dangerous drugs, a notarized list of the dangerous	1736
drugs that the person wishes to possess, have custody or control	1737
of, and distribute, which list shall also specify the purpose for	1738
which those drugs will be used and their source;	1739

(4)(d) If the person is an emergency medical service	1740
organization, the information that is specified in division (C)(1)	1741
of this section;	1742

(5)(e) Except for an emergency medical service organization,	1743
the identity of the one establishment or place at which the person	1744
intends to engage in the sale or other distribution of dangerous	1745
drugs at retail, and maintain possession, custody, or control of	1746
dangerous drugs for purposes other than the person's own use or	1747
consumption;	1748

(f) If the application pertains to a pain management clinic,	1749
information that demonstrates, to the satisfaction of the board,	1750
compliance with division (A) of section 4729.552 of the Revised	1751
Code.	1752

(C)(1) An emergency medical service organization that wishes	1753
to be licensed as a terminal distributor of dangerous drugs shall	1754
list in its application for licensure the following additional	1755
information:	1756

(a) The units under its control that the organization	1757
determines will possess dangerous drugs for the purpose of	1758
administering emergency medical services in accordance with	1759
Chapter 4765. of the Revised Code;	1760

(b) With respect to each such unit, whether the dangerous	1761
drugs that the organization determines the unit will possess are	1762
in category I, II, or III.	1763

(2) An emergency medical service organization that is	1764
licensed as a terminal distributor of dangerous drugs shall file a	1765
new application for such licensure if there is any change in the	1766
number, or location of, any of its units or any change in the	1767
category of the dangerous drugs that any unit will possess.	1768

(3) A unit listed in an application for licensure pursuant to	1769
division (C)(1) of this section may obtain the dangerous drugs it	1770
is authorized to possess from its emergency medical service	1771
organization or, on a replacement basis, from a hospital pharmacy.	1772
If units will obtain dangerous drugs from a hospital pharmacy, the	1773
organization shall file, and maintain in current form, the	1774
following items with the pharmacist who is responsible for the	1775
hospital's terminal distributor of dangerous drugs license:	1776

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

1777

(b) A list of the personnel employed or used by the	1778
organization to provide emergency medical services in accordance	1779
with Chapter 4765. of the Revised Code, who are authorized to	1780
possess the drugs, which list also shall indicate the personnel	1781
who are authorized to administer the drugs.	1782

(D) Each emergency medical service organization that applies	1783
for a terminal distributor of dangerous drugs license shall submit	1784
with its application the following:	1785

(1) A notarized copy of its standing orders or protocol,	1786
which orders or protocol shall be signed by a physician and	1787
specify the dangerous drugs that its units may carry, expressed in	1788
standard dose units;	1789

(2) A list of the personnel employed or used by the	1790
organization to provide emergency medical services in accordance	1791
with Chapter 4765. of the Revised Code.	1792

An emergency medical service organization that is licensed as	1793
a terminal distributor shall notify the board immediately of any	1794
changes in its standing orders or protocol.	1795

(E) There shall be six categories of terminal distributor of	1796
dangerous drugs licenses, which categories shall be as follows:	1797

(1) Category I license. A person who obtains this license may	1798
possess, have custody or control of, and distribute only the	1799
dangerous drugs described in category I.	1800

(2) Limited category I license. A person who obtains this	1801
license may possess, have custody or control of, and distribute	1802
only the dangerous drugs described in category I that were listed	1803
in the application for licensure.	1804

(3) Category II license. A person who obtains this license	1805
may possess, have custody or control of, and distribute only the	1806
dangerous drugs described in category I and category II.	1807

(4) Limited category II license. A person who obtains this	1808
license may possess, have custody or control of, and distribute	1809
only the dangerous drugs described in category I or category II	1810
that were listed in the application for licensure.	1811

(5) Category III license, which may include a pain management	1812
clinic classification issued under section 4729.552 of the Revised	1813
Code. A person who obtains this license may possess, have custody	1814
or control of, and distribute the dangerous drugs described in	1815
category I, category II, and category III. If the license includes	1816
a pain management clinic classification, the person may operate a	1817
pain management clinic.	1818

(6) Limited category III license. A person who obtains this	1819
license may possess, have custody or control of, and distribute	1820
only the dangerous drugs described in category I, category II, or	1821
category III that were listed in the application for licensure.	1822

(F) Except for an application made on behalf of an animal	1823
shelter, if an applicant for licensure as a limited category I,	1824
II, or III terminal distributor of dangerous drugs intends to	1825
administer dangerous drugs to a person or animal, the applicant	1826
shall submit, with the application, a notarized copy of its	1827
protocol or standing orders, which protocol or orders shall be	1828
signed by a licensed health professional authorized to prescribe	1829
drugs, specify the dangerous drugs to be administered, and list	1830
personnel who are authorized to administer the dangerous drugs in	1831
accordance with federal law or the law of this state. An	1832
application made on behalf of an animal shelter shall include a	1833
notarized list of the dangerous drugs to be administered to	1834
animals and the personnel who are authorized to administer the	1835
drugs to animals in accordance with section 4729.532 of the	1836
Revised Code. After obtaining a terminal distributor license, a	1837
licensee shall notify the board immediately of any changes in its	1838
protocol or standing orders, or in such personnel.	1839

(G)(1) Except as provided in division (G)(2) of this section,	1840
each applicant for licensure as a terminal distributor of	1841
dangerous drugs shall submit, with the application, a license fee	1842
determined as follows:	1843

(a) For a category I or limited category I license,	1844
forty-five dollars;	1845

(b) For a category II or limited category II license, one	1846
hundred twelve dollars and fifty cents;	1847

(c) For a category III license, including a license with a	1848
pain management clinic classification issued under section	1849
4729.552 of the Revised Code, or a limited category III license,	1850
one hundred fifty dollars.	1851

(2) For a professional association, corporation, partnership,	1852
or limited liability company organized for the purpose of	1853
practicing veterinary medicine, the fee shall be forty dollars.	1854

(3) Fees assessed under divisions (G)(1) and (2) of this	1855
section shall not be returned if the applicant fails to qualify	1856
for registration.	1857

(H)(1) The board shall issue a terminal distributor of	1858
dangerous drugs license to each person who submits an application	1859
for such licensure in accordance with this section, pays the	1860
required license fee, is determined by the board to meet the	1861
requirements set forth in section 4729.55 of the Revised Code, and	1862
satisfies any other applicable requirements of this section.	1863

(2) The license of a person other than an emergency medical	1864
service organization shall describe the one establishment or place	1865
at which the licensee may engage in the sale or other distribution	1866
of dangerous drugs at retail and maintain possession, custody, or	1867
control of dangerous drugs for purposes other than the licensee's	1868
own use or consumption. The one establishment or place shall be	1869
that which is described in the application for licensure.	1870

No such license shall authorize or permit the terminal	1871
distributor of dangerous drugs named in it to engage in the sale	1872
or other distribution of dangerous drugs at retail or to maintain	1873
possession, custody, or control of dangerous drugs for any purpose	1874
other than the distributor's own use or consumption, at any	1875
establishment or place other than that described in the license,	1876
except that an agent or employee of an animal shelter may possess	1877
and use dangerous drugs in the course of business as provided in	1878
division (D) of section 4729.532 of the Revised Code.	1879

(3) The license of an emergency medical service organization	1880
shall cover and describe all the units of the organization listed	1881
in its application for licensure.	1882

(4) The license of every terminal distributor of dangerous	1883
drugs shall indicate, on its face, the category of licensure. If	1884
the license is a limited category I, II, or III license, it shall	1885
specify, and shall authorize the licensee to possess, have custody	1886
or control of, and distribute only, the dangerous drugs that were	1887
listed in the application for licensure.	1888

(I) All licenses issued pursuant to this section shall be	1889
effective for a period of twelve months from the first day of	1890
January of each year. A license shall be renewed by the board for	1891
a like period, annually, according to the provisions of this	1892
section, and the standard renewal procedure of Chapter 4745. of	1893
the Revised Code. A person who desires to renew a license shall	1894
submit an application for renewal and pay the required fee on or	1895
before the thirty-first day of December each year. The fee	1896
required for the renewal of a license shall be the same as the fee	1897
paid for the license being renewed, and shall accompany the	1898
application for renewal.	1899

A license that has not been renewed during December in any	1900
year and by the first day of February of the following year may be	1901
reinstated only upon payment of the required renewal fee and a	1902
penalty fee of fifty-five dollars.	1903

(J)(1) No emergency medical service organization that is	1904
licensed as a terminal distributor of dangerous drugs shall fail	1905
to comply with division (C)(2) or (3) of this section.	1906

(2) No emergency medical service organization that is	1907
licensed as a terminal distributor of dangerous drugs shall fail	1908
to comply with division (D) of this section.	1909

(3) No licensed terminal distributor of dangerous drugs shall	1910
possess, have custody or control of, or distribute dangerous drugs	1911
that the terminal distributor is not entitled to possess, have	1912
custody or control of, or distribute by virtue of its category of	1913
licensure.	1914

(4) No licensee that is required by division (F) of this	1915
section to notify the board of changes in its protocol or standing	1916
orders, or in personnel, shall fail to comply with that division.	1917

Sec. 4729.541. A person(A) Except as provided in division	1918
(B) of this section, a business entity described in division	1919
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may	1920
possess, have custody or control of, and distribute the dangerous	1921
drugs in category I, category II, and category III of section	1922
4729.54 of the Revised Code without holding a terminal distributor	1923
of dangerous drugs license issued under that section.	1924

(B) If a business entity described in division (B)(1)(j) or	1925
(k) of section 4729.51 of the Revised Code is a pain management	1926
clinic or is operating a pain management clinic, the entity shall	1927
hold a license as a terminal distributor of dangerous drugs with a	1928
pain management clinic classification issued under section	1929
4729.552 of the Revised Code.	1930

Sec. 4729.55.  No license shall be issued to an applicant for	1931
licensure as a terminal distributor of dangerous drugs unless the	1932
applicant has furnished satisfactory proof to the state board of	1933
pharmacy that:	1934

(A) The applicant is equipped as to land, buildings, and	1935
equipment to properly carry on the business of a terminal	1936
distributor of dangerous drugs within the category of licensure	1937
approved by the board.	1938

(B) A pharmacist, licensed health professional authorized to	1939
prescribe drugs, animal shelter licensed with the state board of	1940
pharmacy under section 4729.531 of the Revised Code, or a	1941
laboratory as defined in section 3719.01 of the Revised Code will	1942
maintain supervision and control over the possession and custody	1943
of dangerous drugs that may be acquired by or on behalf of the	1944
applicant.	1945

(C) Adequate safeguards are assured to prevent the sale or	1946
other distribution of dangerous drugs by any person other than a	1947
pharmacist or licensed health professional authorized to prescribe	1948
drugs.	1949

(D) Adequate safeguards are assured that the applicant will	1950
carry on the business of a terminal distributor of dangerous drugs	1951
in a manner that allows pharmacists and pharmacy interns employed	1952
by the terminal distributor to practice pharmacy in a safe and	1953
effective manner.	1954

(E) If the applicant, or any agent or employee of the	1955
applicant, has been found guilty of violating section 4729.51 of	1956
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	1957
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	1958
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	1959
or any rule of the board, adequate safeguards are assured to	1960
prevent the recurrence of the violation.	1961

(F) In the case of an applicant who is a food processor or	1962
retail seller of food, the applicant will maintain supervision and	1963
control over the possession and custody of nitrous oxide.	1964

(G) In the case of an applicant who is a retail seller of	1965
oxygen in original packages labeled as required by the "Federal	1966
Food, Drug, and Cosmetic Act," the applicant will maintain	1967
supervision and control over the possession, custody, and retail	1968
sale of the oxygen.	1969

(H) If the application is made on behalf of an animal	1970
shelter, at least one of the agents or employees of the animal	1971
shelter is certified in compliance with section 4729.532 of the	1972
Revised Code.	1973

(I) In the case of an applicant who is a retail seller of	1974
peritoneal dialysis solutions in original packages labeled as	1975
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	1976
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	1977
supervision and control over the possession, custody, and retail	1978
sale of the peritoneal dialysis solutions.	1979

(J) In the case of an applicant who is a pain management	1980
clinic, the applicant meets the requirements to receive a license	1981
with a pain management clinic classification issued under section	1982
4729.552 of the Revised Code.	1983

Sec. 4729.552. (A) To be eligible to receive a license as a	1984
category III terminal distributor of dangerous drugs with a pain	1985
management clinic classification, an applicant shall submit	1986
evidence satisfactory to the board that the applicant's pain	1987
management clinic will be operated in accordance with the	1988
requirements specified in division (B) of this section and that	1989
the applicant meets any other applicable requirements under this	1990
chapter or Chapter 3719. of the Revised Code.	1991

If the board determines that an applicant meets all of the	1992
requirements, the board shall issue to the applicant a license as	1993
a category III terminal distributor of dangerous drugs and specify	1994
on the license that the terminal distributor is classified as a	1995
pain management clinic.	1996

(B) The holder of a terminal distributor license with a pain	1997
management clinic classification shall do all of the following:	1998

(1) Be in control of a facility that is owned and operated	1999
solely by one or more physicians authorized under Chapter 4731. of	2000
the Revised Code to practice medicine and surgery or osteopathic	2001
medicine and surgery;	2002

(2) Ensure that any person employed by the facility complies	2003
with the requirements for the operation of a pain management	2004
clinic established by the state medical board in rules adopted	2005
under section 4731.054 of the Revised Code;	2006

(3) Require any person with ownership of the facility to	2007
submit to a criminal records check in accordance with section	2008
4776.02 of the Revised Code and send the results of the criminal	2009
records check directly to the state board of pharmacy for review	2010
and decision under section 4729.071 of the Revised Code;	2011

(4) Require all employees of the facility to submit to a	2012
criminal records check in accordance with section 4776.02 of the	2013
Revised Code and ensure that no person is employed who has	2014
previously been convicted of, or pleaded guilty to, any felony in	2015
this state, another state, or the United States;	2016

(5) Maintain a list of each person with ownership of the	2017
facility and notify the state board of pharmacy of any change to	2018
that list.	2019

(C) No person shall operate a facility that under this	2020
chapter is subject to licensure as a category III terminal	2021
distributor of dangerous drugs with a pain management clinic	2022
classification without obtaining and maintaining the license with	2023
the classification.	2024

No person who holds a category III license with a pain	2025
management clinic classification shall fail to remain in	2026
compliance with the requirements of division (A) of this section	2027
and any other applicable requirements under this chapter or	2028
Chapter 3719. of the Revised Code.	2029

(D) The board may impose a fine of not more than five	2030
thousand dollars on a terminal distributor of dangerous drugs	2031
license holder who violates division (C) of this section. A	2032
separate fine may be imposed for each day the violation continues.	2033
In imposing the fine, the board's actions shall be taken in	2034
accordance with Chapter 119. of the Revised Code.	2035

Sec. 4729.571. If the state board of pharmacy determines that	2036
there is clear and convincing evidence that the method used by a	2037
terminal distributor of dangerous drugs to distribute controlled	2038
substances presents a danger of immediate and serious harm to	2039
others, the board may suspend the terminal distributor's license	2040
without a hearing. The board shall follow the procedure for	2041
suspension without a prior hearing in section 119.07 of the	2042
Revised Code. The suspension shall remain in effect, unless	2043
removed by the board, until the board's final adjudication order	2044
becomes effective, except that if the board does not issue its	2045
final adjudication order within ninety days after the hearing, the	2046
suspension shall be void on the ninety-first day after the	2047
suspension.	2048

If the terminal distributor holds a license with a pain	2049
management clinic classification issued under section 4729.552 of	2050
the Revised Code and the person holding the license also holds a	2051
certificate issued under Chapter 4731. of the Revised Code to	2052
practice medicine and surgery or osteopathic medicine and surgery,	2053
prior to suspending the license without a hearing, the board shall	2054
consult with the secretary of the state medical board or, if the	2055
secretary is unavailable, another physician member of the board.	2056

Sec. 4729.69. (A) The state board of pharmacy, in	2057
collaboration with the director of alcohol and drug addiction	2058
services and attorney general, shall establish and administer a	2059
drug take-back program under which drugs are collected from the	2060
community for the purpose of destruction or disposal of the drugs.	2061

(B) The program shall be established and administered in such	2062
a manner that it does both of the following:	2063

(1) Complies with any state or federal laws regarding the	2064
collection, destruction, or disposal of drugs;	2065

(2) Maintains the confidentiality of individuals who submit	2066
or otherwise provide drugs under the program.	2067

(C) In consultation with the director of alcohol and drug	2068
addiction services and attorney general, the board shall adopt	2069
rules governing the program. The rules shall be adopted in	2070
accordance with Chapter 119. of the Revised Code. In adopting the	2071
rules, the board shall specify all of the following:	2072

(1) The entities that may participate;

2073

(2) Guidelines and responsibilities for accepting drugs by	2074
participating entities;	2075

(3) Drugs that may be collected;

2076

(4) Record-keeping requirements;

2077

(5) Proper methods to destroy unused drugs;

2078

(6) Privacy protocols and security standards;

2079

(7) Drug transportation procedures;

2080

(8) The schedule, duration, and frequency of the collections	2081
of drugs, except that the first collection shall occur not later	2082
than one year after the effective date of this section;	2083

(9) Any other standards and procedures the board considers	2084
necessary for purposes of governing the program.	2085

(D) In accordance with state and federal law, the board may	2086
adopt rules to allow an entity participating in the program to	2087
return any unused drugs to the pharmacy that originally dispensed	2088
the drug. The rules shall include procedures to be followed to	2089
maintain the confidentiality of the person for whom the drug was	2090
dispensed.	2091

(E) Rules adopted under this section may not do any of the	2092
following:	2093

(1) Require any entity to establish, fund, or operate a drug	2094
take-back program;	2095

(2) Establish any new licensing requirement or fee to	2096
participate in the program;	2097

(3) Require any entity to compile data on drugs collected.

2098

(F) The board may compile data on the amount and type of	2099
drugs collected under the program. For purposes of this division,	2100
the board may cooperate with a public or private entity in	2101
obtaining assistance in the compilation of data. An entity	2102
providing the assistance shall not be reimbursed under the program	2103
for any costs incurred in providing the assistance.	2104

(G) If the board compiles data under division (F) of this	2105
section, the board shall submit a report to the governor and, in	2106
accordance with section 101.68 of the Revised Code, the general	2107
assembly. The report, to the extent possible, shall include the	2108
following information:	2109

(1) Total weight of drugs collected, both with and without	2110
packaging;	2111

(2) The weight of controlled substances;

2112

(3) The amount of all of the following as a per cent of total	2113
drugs collected:	2114

(a) Controlled substances;

2115

(b) Brand name drugs;

2116

(c) Generic drugs;

2117

(d) Prescription drugs;

2118

(e) Non-prescription drugs.

2119

(4) The amount of vitamins, herbal supplements, and personal	2120
care products collected;	2121

(5) If provided by the person who submitted or otherwise	2122
donated drugs to the program, the reasons why the drugs were	2123
returned or unused.	2124

(H) No entity is required to participate in a drug take-back	2125
program established under this section, and no entity shall be	2126
subject to civil liability or professional disciplinary action for	2127
declining to participate.	2128

(I) The board may accept grants, gifts, or donations for	2129
purposes of the program. Money received under this division shall	2130
be deposited into the drug take-back program fund established	2131
under section 109.90 of the Revised Code.	2132

Sec. 4729.75. The state board of pharmacy may establish and	2133
maintain a drug database. The board shall use the drug database to	2134
monitor the misuse and diversion of controlled substances, as	2135
defined in section 3719.01 of the Revised Code, and other	2136
dangerous drugs the board includes in the database pursuant to	2137
rules adopted under section 4729.834729.84 of the Revised Code.	2138
In establishing and maintaining the database, the board shall	2139
electronically collect information pursuant to sections 4729.77	2140
and 4729.784729.79 of the Revised Code and shall disseminate	2141
information as authorized or required by sections 4729.794729.80	2142
and 4729.804729.81 of the Revised Code. The board's collection	2143
and dissemination of information shall be conducted in accordance	2144
with rules adopted under section 4729.834729.84 of the Revised	2145
Code.	2146

Sec. 4729.77. (A) If the state board of pharmacy establishes	2147
and maintains a drug database pursuant to section 4729.75 of the	2148
Revised Code, each pharmacy licensed as a terminal distributor of	2149
dangerous drugs that dispenses drugs to patients in this state and	2150
is included in the types of pharmacies specified in rules adopted	2151
under section 4729.834729.84 of the Revised Code shall submit to	2152
the board the following prescription information:	2153

(1) Terminal distributor identification;

2154

(2) Patient identification;

2155

(3) Prescriber identification;

2156

(4) Date prescription was issued by prescriber;

2157

(5) Date prescriptiondrug was dispensed;

2158

(6) Indication of whether prescriptionthe drug dispensed is	2159
new or a refill;	2160

(7) Name, strength, and national drug code of the drug	2161
dispensed;	2162

(8) Quantity of drug dispensed;

2163

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

2164

(10) Serial or prescription number assigned by the terminal	2165
distributor;	2166

(11) Source of payment for the prescriptiondrug dispensed.

2167

(B)(1) The information shall be transmitted as specified by	2168
the board in rules adopted under section 4729.834729.84 of the	2169
Revised Code.	2170

(1)(2) The information shall be submitted electronically in	2171
the format specified by the board, except that the board may grant	2172
a waiver allowing the distributor to submit the information in	2173
another format.	2174

(2)(3) The information shall be submitted in accordance with	2175
any time limits specified by the board, except that the board may	2176
grant an extension if either of the following occurs:	2177

(a) The distributor suffers a mechanical or electronic	2178
failure, or cannot meet the deadline for other reasons beyond the	2179
distributor's control.	2180

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

2181

(C) This section does not apply to a prescriber personally	2182
furnishing or administering dangerous drugs to the prescriber's	2183
patient.	2184

Sec. 4729.78. (A) If the state board of pharmacy establishes	2185
and maintains a drug database pursuant to section 4729.75 of the	2186
Revised Code, each wholesale distributor of dangerous drugs that	2187
delivers drugs in this state to prescribers in this stateor	2188
terminal distributors of dangerous drugs shall submit to the board	2189
the following purchase information:	2190

(1) Purchaser identification;

2191

(2) Identification of the drug sold;

2192

(3) Quantity of the drug sold;

2193

(4) Date of sale;

2194

(5) The wholesale distributor's license number issued by the	2195
board.	2196

(B)(1) The information shall be transmitted as specified by	2197
the board in rules adopted under section 4729.834729.84 of the	2198
Revised Code.	2199

(1)(2) The information shall be submitted electronically in	2200
the format specified by the board, except that the board may grant	2201
a waiver allowing the distributor to submit the information in	2202
another format.	2203

(2)(3) The information shall be submitted in accordance with	2204
any time limits specified by the board, except that the board may	2205
grant an extension if either of the following occurs:	2206

(a) The distributor suffers a mechanical or electronic	2207
failure, or cannot meet the deadline for other reasons beyond the	2208
distributor's control.	2209

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

2210

Sec. 4729.79.  (A) If the state board of pharmacy establishes	2211
and maintains a drug database pursuant to section 4729.75 of the	2212
Revised Code, each licensed health professional authorized to	2213
prescribe drugs, other than a veterinarian, who personally	2214
furnishes a controlled substance or other dangerous drug the board	2215
includes in the database pursuant to rules adopted under section	2216
4729.84 of the Revised Code to a patient in this state shall	2217
submit to the board the following information:	2218

(1) Prescriber identification;

2219

(2) Patient identification;

2220

(3) Date drug was furnished by the prescriber;

2221

(4) Indication of whether the drug furnished is new or a	2222
refill;	2223

(5) Name, strength, and national drug code of drug furnished;

2224

(6) Quantity of drug furnished;

2225

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

2226

(8) Source of payment for the drug furnished.

2227

(B)(1) The information shall be transmitted as specified by	2228
the board in rules adopted under section 4729.84 of the Revised	2229
Code.	2230

(2) The information shall be submitted electronically in the	2231
format specified by the board, except that the board may grant a	2232
waiver allowing the prescriber to submit the information in	2233
another format.	2234

(3) The information shall be submitted in accordance with any	2235
time limits specified by the board, except that the board may	2236
grant an extension if either of the following occurs:	2237

(a) The prescriber's transmission system suffers a mechanical	2238
or electronic failure, or the prescriber cannot meet the deadline	2239
for other reasons beyond the prescriber's control.	2240

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

2241

(C) If the board becomes aware of a prescriber's failure to	2242
comply with this section, the board shall notify the government	2243
entity responsible for licensing the prescriber.	2244

Sec. 4729.79.        Sec. 4729.80. (A) If the state board of pharmacy	2245
establishes and maintains a drug database pursuant to section	2246
4729.75 of the Revised Code, the board mayis authorized or	2247
required to provide information from the database in accordance	2248
with the following:	2249

(1) On receipt of a request from a designated representative	2250
of a government entity responsible for the licensure, regulation,	2251
or discipline of licensed health care professionals authorized	2252
with authority to prescribe, administer, or dispense drugs, the	2253
board may provide to the representative information from the	2254
database relating to the professional who is the subject of an	2255
active investigation being conducted by the government entity.	2256

(2) On receipt of a request from a federal officer, or a	2257
state or local officer of this or any other state, whose duties	2258
include enforcing laws relating to drugs, the board mayshall	2259
provide to the officer information from the database relating to	2260
the person who is the subject of an active investigation of a drug	2261
abuse offense, as defined in section 2925.01 of the Revised Code,	2262
being conducted by the officer's employing government entity.	2263

(3) Pursuant to a subpoena issued by a grand jury, the board	2264
mayshall provide to the grand jury information from the database	2265
relating to the person who is the subject of an investigation	2266
being conducted by the grand jury.	2267

(4) Pursuant to a subpoena, search warrant, or court order in	2268
connection with the investigation or prosecution of a possible or	2269
alleged criminal offense, the board shall provide information from	2270
the database as necessary to comply with the subpoena, search	2271
warrant, or court order.	2272

(5) On receipt of a request from a pharmacist or prescriber	2273
or the prescriber's agent registered with the board, the board may	2274
provide to the requestorprescriber information from the database	2275
relating to a current patient of the requestorprescriber, if the	2276
requestorprescriber certifies in a form specified by the board	2277
that it is for the purpose of providing medical or pharmaceutical	2278
treatment to the patient who is the subject of the request.	2279

(5)(6) On receipt of a request from a pharmacist, the board	2280
may provide to the pharmacist information from the database	2281
relating to a current patient of the pharmacist, if the pharmacist	2282
certifies in a form specified by the board that it is for the	2283
purpose of the pharmacist's practice of pharmacy involving the	2284
patient who is the subject of the request.	2285

(7) On receipt of a request from an individual seeking the	2286
individual's own database information in accordance with the	2287
procedure established in rules adopted under section 4729.83	2288
4729.84 of the Revised Code, the board may provide to the	2289
individual the individual's own database information.	2290

(8) On receipt of a request from the medical director of a	2291
managed care organization that has entered into a data security	2292
agreement with the board required by section 5111.1710 of the	2293
Revised Code, the board may provide to the medical director	2294
information from the database relating to a medicaid recipient	2295
enrolled in the managed care organization.	2296

(9) On receipt of a request from the director of job and	2297
family services, the board may provide to the director information	2298
from the database relating to a recipient of a program	2299
administered by the department of job and family services.	2300

(10) On receipt of a request from the administrator of	2301
workers' compensation, the board may provide to the administrator	2302
information from the database relating to a claimant under Chapter	2303
4121., 4123., 4127., or 4131. of the Revised Code.	2304

(11) On receipt of a request from a requestor described in	2305
division (A)(1), (2), (5), or (6) of this section who is from or	2306
participating with another state's prescription monitoring	2307
program, the board may provide to the requestor information from	2308
the database, but only if there is a written agreement under which	2309
the information is to be used and disseminated according to the	2310
laws of this state.	2311

(B) The state board of pharmacy shall maintain a record of	2312
each individual or entity that requests information from the	2313
database pursuant to this section. In accordance with rules	2314
adopted under section 4729.834729.84 of the Revised Code, the	2315
board may use the records to document and report statistics and	2316
law enforcement outcomes.	2317

The board may provide records of an individual's requests for	2318
database information to the following:	2319

(1) A designated representative of a government entity that	2320
is responsible for the licensure, regulation, or discipline of	2321
licensed health care professionals authorizedwith authority to	2322
prescribe, administer, or dispense drugs who is involved in an	2323
active investigation being conducted by the government entity of	2324
the individual who submitted the requests for database	2325
information;	2326

(2) A federal officer, or a state or local officer of this or	2327
any other state, whose duties include enforcing laws relating to	2328
drugs and who is involved in an active investigation being	2329
conducted by the officer's employing government entity of the	2330
individual who submitted the requests for database information.	2331

(C) Information contained in the database and any information	2332
obtained from it is not a public record. Information contained in	2333
the records of requests for information from the database is not a	2334
public record. Information that does not identify a person may be	2335
released in summary, statistical, or aggregate form.	2336

(D) Nothing in this section requires a pharmacist or	2337
prescriber to obtain information about a patient from the	2338
database. A pharmacist or prescriber shall not be held liable in	2339
damages to any person in any civil action for injury, death, or	2340
loss to person or property on the basis that the pharmacist or	2341
prescriber did or did not seek or obtain information from the	2342
database.	2343

Sec. 4729.80.        Sec. 4729.81. If the state board of pharmacy	2344
establishes and maintains a drug database pursuant to section	2345
4729.75 of the Revised Code, the board shall review the	2346
information in the drug database. If the board determines from the	2347
review that a violation of law may have occurred, it shall notify	2348
the appropriate law enforcement agency or a government entity	2349
responsible for the licensure, regulation, or discipline of	2350
licensed health care professionals authorized to prescribe drugs	2351
and supply information required by the agency or entity for an	2352
investigation of the violation of law that may have occurred.	2353

Sec. 4729.81.        Sec. 4729.82. If the state board of pharmacy	2354
establishes a drug database pursuant to section 4729.75 of the	2355
Revised Code, the information collected for the database shall be	2356
retained in the database for at least two years. TheAny	2357
information that identifies a patient shall then be destroyed	2358
after it has been retained for two years unless a law enforcement	2359
agency or a government entity responsible for the licensure,	2360
regulation, or discipline of licensed health care professionals	2361
authorized to prescribe drugs has submitted a written request to	2362
the board for retention of specificthe information in accordance	2363
with rules adopted by the board under section 4729.834729.84 of	2364
the Revised Code.	2365

Sec. 4729.82.        Sec. 4729.83. (A) If the state board of pharmacy	2366
establishes and maintains a drug database pursuant to section	2367
4729.75 of the Revised Code, the board shall not impose any charge	2368
on a terminal distributor of dangerous drugs, pharmacist, or	2369
prescriber for the establishment or maintenance of the database.	2370
The board shall not charge any fees for the transmission of data	2371
to the database or for the receipt of information from the	2372
database, except that the board may charge a fee in accordance	2373
with rules adopted under section 4729.834729.84 of the Revised	2374
Code to an individual who requests the individual's own database	2375
information under section 4729.794729.80 of the Revised Code.	2376

(B) The board may accept grants, gifts, or donations for	2377
purposes of the drug database. Any money received shall be	2378
deposited into the state treasury to the credit of the drug	2379
database fund, which is hereby created. Money in the fund shall be	2380
used solely for purposes of the drug database.	2381

Sec. 4729.83.        Sec. 4729.84. For purposes of establishing and	2382
maintaining a drug database pursuant to section 4729.75 of the	2383
Revised Code, the state board of pharmacy shall adopt rules in	2384
accordance with Chapter 119. of the Revised Code to carry out and	2385
enforce sections 4729.75 to 4729.824729.83 of the Revised Code.	2386
The rules shall specify all of the following:	2387

(A) A means of identifying each patient, each terminal	2388
distributor of dangerous drugs, and each purchase at wholesale of	2389
dangerous drugs about which information is entered into the drug	2390
database;	2391

(B) Requirements for the transmission of information from	2392
terminal distributors andof dangerous drugs, wholesale	2393
distributors of dangerous drugs for purposes of the database, and	2394
prescribers;	2395

(C) An electronic format for the submission of information	2396
from terminal distributors and, wholesale distributors of	2397
dangerous drugs, and prescribers;	2398

(D) A procedure whereby a terminal distributor or a,	2399
wholesale distributor of dangerous drugs, or prescriber unable to	2400
submit information electronically may obtain a waiver to submit	2401
information in another format;	2402

(E) A procedure whereby the board may grant a request from a	2403
law enforcement agency or a government entity responsible for the	2404
licensure, regulation, or discipline of licensed health care	2405
professionals authorized to prescribe drugs that information that	2406
has been stored for two years be retained when the information	2407
pertains to an open investigation being conducted by the agency or	2408
entity;	2409

(F) A procedure whereby a terminal ordistributor, wholesale	2410
distributor, or prescriber may apply for an extension to the time	2411
by which information must be transmitted to the board;	2412

(G) A procedure whereby a person or government entity to	2413
which the board is authorized to provide information may submit a	2414
request to the board for the information and the board may verify	2415
the identity of the requestor;	2416

(H) A procedure whereby the board can use the database	2417
request records required by division (B) of section 4729.79	2418
4729.80 of the Revised Code to document and report statistics and	2419
law enforcement outcomes;	2420

(I) A procedure whereby an individual may request the	2421
individual's own database information and the board may verify the	2422
identity of the requestor;	2423

(J) A reasonable fee that the board may charge under section	2424
4729.824729.83 of the Revised Code for providing an individual	2425
with the individual's own database information pursuant to section	2426
4729.794729.80 of the Revised Code;	2427

(K) The other specific dangerous drugs other thanthat, in	2428
addition to controlled substances that, must be included in the	2429
database;	2430

(L) The types of pharmacies licensed as terminal distributors	2431
of dangerous drugs that are required to submit prescription	2432
information to the board pursuant to section 4729.77 of the	2433
Revised Code.	2434

Sec. 4729.84.        Sec. 4729.85. (A) If the state board of pharmacy	2435
establishes and maintains a drug database pursuant to section	2436
4729.75 of the Revised Code, the board shall present a biennial	2437
report to the standing committees of the house of representatives	2438
and the senate that are primarily responsible for considering	2439
health and human services issues. The initial report shall be	2440
presented not later than two years after the database is	2441
established.	2442

(B) Each report presented under this section shall include	2443
all of the following:	2444

(1) The cost to the state of establishing and maintaining the	2445
database;	2446

(2) Information from terminal distributors of dangerous	2447
drugs, prescribers, and the board regarding the board's	2448
effectiveness in providing information from the database;	2449

(3) The board's timeliness in transmitting information from	2450
the database.	2451

Sec. 4729.86. If the state board of pharmacy establishes and	2452
maintains a drug database pursuant to section 4729.75 of the	2453
Revised Code, all of the following apply:	2454

(A)(1) No person identified in divisions (A)(1) to (10) or	2455
(B) of section 4729.80 of the Revised Code shall disseminate any	2456
written or electronic document the person receives from the drug	2457
database, except as necessary in the investigation or prosecution	2458
of a possible or alleged criminal offense.	2459

(2) No person shall provide false information to the state	2460
board of pharmacy with the intent to obtain information contained	2461
in the drug database.	2462

(3) No person shall obtain drug database information by any	2463
means except as provided under section 4729.80 or 4729.81 of the	2464
Revised Code.	2465

(B) A person shall not use a document obtained pursuant to	2466
division (A) of section 4729.80 of the Revised Code as evidence in	2467
any civil or administrative proceeding.	2468

(C)(1) The board may restrict a person from obtaining further	2469
information from the drug database if any of the following is the	2470
case:	2471

(a) The person is convicted of or pleads guilty to a	2472
violation of division (A)(1), (2), or (3) of this section;	2473

(b) The person is a requestor identified in division (A)(11)	2474
of section 4729.80 of the Revised Code and the board determines	2475
that the person's actions in another state would have constituted	2476
a violation of division (A)(1), (2), or (3) of this section;	2477

(c) The person fails to comply with division (B) of this	2478
section, regardless of the jurisdiction in which the failure to	2479
comply occurred.	2480

(2) The board shall determine the extent to which the person	2481
is restricted from obtaining further information from the	2482
database.	2483

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	2484
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	2485
Code is guilty of a minor misdemeanor. Each day's violation	2486
constitutes a separate offense.	2487

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	2488
the Revised Code is guilty of a misdemeanor of the third degree.	2489
Each day's violation constitutes a separate offense. If the	2490
offender previously has been convicted of or pleaded guilty to a	2491
violation of this chapter, that person is guilty of a misdemeanor	2492
of the second degree.	2493

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	2494
the Revised Code is guilty of a misdemeanor.	2495

(D) Whoever violates division (A), (B), (D), or (E) of	2496
section 4729.51 of the Revised Code is guilty of a misdemeanor of	2497
the first degree.	2498

(E)(1) Whoever violates section 4729.37, division (C)(2) of	2499
section 4729.51, division (J) of section 4729.54, or section	2500
4729.61 of the Revised Code is guilty of a felony of the fifth	2501
degree. If the offender previously has been convicted of or	2502
pleaded guilty to a violation of this chapter or a violation of	2503
Chapter 2925. or 3719. of the Revised Code, that person is guilty	2504
of a felony of the fourth degree.	2505

(2) If an offender is convicted of or pleads guilty to a	2506
violation of section 4729.37, division (C) of section 4729.51,	2507
division (J) of section 4729.54, or section 4729.61 of the Revised	2508
Code, if the violation involves the sale, offer to sell, or	2509
possession of a schedule I or II controlled substance, with the	2510
exception of marihuana, and if the court imposing sentence upon	2511
the offender finds that the offender as a result of the violation	2512
is a major drug offender, as defined in section 2929.01 of the	2513
Revised Code, and is guilty of a specification of the type	2514
described in section 2941.1410 of the Revised Code, the court, in	2515
lieu of the prison term authorized or required by division (E)(1)	2516
of this section and sections 2929.13 and 2929.14 of the Revised	2517
Code and in addition to any other sanction imposed for the offense	2518
under sections 2929.11 to 2929.18 of the Revised Code, shall	2519
impose upon the offender, in accordance with division (D)(3)(a) of	2520
section 2929.14 of the Revised Code, the mandatory prison term	2521
specified in that division and may impose an additional prison	2522
term under division (D)(3)(b) of that section.	2523

(3) Notwithstanding any contrary provision of section 3719.21	2524
of the Revised Code, the clerk of court shall pay any fine imposed	2525
for a violation of section 4729.37, division (C) of section	2526
4729.51, division (J) of section 4729.54, or section 4729.61 of	2527
the Revised Code pursuant to division (A) of section 2929.18 of	2528
the Revised Code in accordance with and subject to the	2529
requirements of division (F) of section 2925.03 of the Revised	2530
Code. The agency that receives the fine shall use the fine as	2531
specified in division (F) of section 2925.03 of the Revised Code.	2532

(F) Whoever violates section 4729.531 of the Revised Code or	2533
any rule adopted thereunder or section 4729.532 of the Revised	2534
Code is guilty of a misdemeanor of the first degree.	2535

(G) Whoever violates division (C)(1) of section 4729.51 of	2536
the Revised Code is guilty of a felony of the fourth degree. If	2537
the offender has previously been convicted of or pleaded guilty to	2538
a violation of this chapter, or of a violation of Chapter 2925. or	2539
3719. of the Revised Code, that person is guilty of a felony of	2540
the third degree.	2541

(H) Whoever violates division (C)(3) of section 4729.51 of	2542
the Revised Code is guilty of a misdemeanor of the first degree.	2543
If the offender has previously been convicted of or pleaded guilty	2544
to a violation of this chapter, or of a violation of Chapter 2925.	2545
or 3719. of the Revised Code, that person is guilty of a felony of	2546
the fifth degree.	2547

(I)(1) Whoever violates division (B) of section 4729.42 of	2548
the Revised Code is guilty of unauthorized pharmacy-related drug	2549
conduct. Except as otherwise provided in this section,	2550
unauthorized pharmacy-related drug conduct is a misdemeanor of the	2551
second degree. If the offender previously has been convicted of or	2552
pleaded guilty to a violation of division (B), (C), (D), or (E) of	2553
that section, unauthorized pharmacy-related drug conduct is a	2554
misdemeanor of the first degree on a second offense and a felony	2555
of the fifth degree on a third or subsequent offense.	2556

(2) Whoever violates division (C) or (D) of section 4729.42	2557
of the Revised Code is guilty of permitting unauthorized	2558
pharmacy-related drug conduct. Except as otherwise provided in	2559
this section, permitting unauthorized pharmacy-related drug	2560
conduct is a misdemeanor of the second degree. If the offender	2561
previously has been convicted of or pleaded guilty to a violation	2562
of division (B), (C), (D), or (E) of that section, permitting	2563
unauthorized pharmacy-related drug conduct is a misdemeanor of the	2564
first degree on a second offense and a felony of the fifth degree	2565
on a third or subsequent offense.	2566

(3) Whoever violates division (E) of section 4729.42 of the	2567
Revised Code is guilty of the offense of falsification under	2568
section 2921.13 of the Revised Code. In addition to any other	2569
sanction imposed for the violation, the offender is forever	2570
disqualified from engaging in any activity specified in division	2571
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	2572
from performing any function as a health care professional or	2573
health care worker. As used in this division, "health care	2574
professional" and "health care worker" have the same meanings as	2575
in section 2305.234 of the Revised Code.	2576

(4) Notwithstanding any contrary provision of section 3719.21	2577
of the Revised Code or any other provision of law that governs the	2578
distribution of fines, the clerk of the court shall pay any fine	2579
imposed pursuant to division (I)(1), (2), or (3) of this section	2580
to the state board of pharmacy if the board has adopted a written	2581
internal control policy under division (F)(2) of section 2925.03	2582
of the Revised Code that addresses fine moneys that it receives	2583
under Chapter 2925. of the Revised Code and if the policy also	2584
addresses fine moneys paid under this division. The state board of	2585
pharmacy shall use the fines so paid in accordance with the	2586
written internal control policy to subsidize the board's law	2587
enforcement efforts that pertain to drug offenses.	2588

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	2589
the Revised Code is guilty of a misdemeanor of the third degree.	2590
If the offender has previously been convicted of or pleaded guilty	2591
to a violation of division (A)(1), (2), or (3) of section 4729.86	2592
of the Revised Code, that person is guilty of a misdemeanor of the	2593
first degree.	2594

(2) Whoever violates division (A)(2) of section 4729.86 of	2595
the Revised Code is guilty of a misdemeanor of the first degree.	2596
If the offender has previously been convicted of or pleaded guilty	2597
to a violation of division (A)(1), (2), or (3) of section 4729.86	2598
of the Revised Code, that person is guilty of a felony of the	2599
fifth degree.	2600

(3) Whoever violates division (A)(3) of section 4729.86 of	2601
the Revised Code is guilty of a felony of the fifth degree. If the	2602
offender has previously been convicted of or pleaded guilty to a	2603
violation of division (A)(1), (2), or (3) of section 4729.86 of	2604
the Revised Code, that person is guilty of a felony of the fourth	2605
degree.	2606

(K) A person who violates division (C) of section 4729.552 of	2607
the Revised Code is guilty of a misdemeanor of the first degree.	2608
If the person previously has been convicted of or pleaded guilty	2609
to a violation of division (C) of section 4729.552 of the Revised	2610
Code, that person is guilty of a felony of the fifth degree.	2611

Sec. 4730.53. (A) As used in this section, "drug database"	2612
means the database established and maintained by the state board	2613
of pharmacy pursuant to section 4729.75 of the Revised Code.	2614

(B) The medical board shall adopt rules in accordance with	2615
Chapter 119. of the Revised Code that establish standards and	2616
procedures to be followed by a physician assistant who holds a	2617
certificate to prescribe issued under this chapter regarding the	2618
review of patient information available through the drug database.	2619

(C) This section and the rules adopted under it do not apply	2620
if the state board of pharmacy no longer maintains the drug	2621
database.	2622

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

2623

(1) "Dangerous drug" has the same meaning as in section	2624
4729.01 of the Revised Code.	2625

(2) "Intractable pain" means a state of pain that is	2626
determined, after reasonable medical efforts have been made to	2627
relieve the pain or cure its cause, to have a cause for which no	2628
treatment or cure is possible or for which none has been found	2629
Chronic pain" means pain that has persisted after reasonable	2630
medical efforts have been made to relieve the pain or cure its	2631
cause and that has continued, either continuously or episodically,	2632
for longer than three continuous months. "Chronic pain" does not	2633
include pain associated with a terminal condition or with a	2634
progressive disease that, in the normal course of progression, may	2635
reasonably be expected to result in a terminal condition.	2636

(3) "Physician" means an individual authorized under this	2637
chapter to practice medicine and surgery or osteopathic medicine	2638
and surgery.	2639

(B) The state medical board shall adopt rules in accordance	2640
with Chapter 119. of the Revised Code that establish standards and	2641
procedures to be followed by physicians in the diagnosis and	2642
treatment of intractablechronic pain, including standards for	2643
managing intractablechronic pain by prescribing, personally	2644
furnishing, or administering dangerous drugs in amounts or	2645
combinations that may not be appropriate when treating other	2646
medical conditions. In developing the rules, the board shall	2647
consult with and permit review by physicians who are experienced	2648
in the diagnosis and treatment of intractablechronic pain.	2649

(C) When a physician diagnoses an individual as having	2650
intractablechronic pain, the physician may treat the pain by	2651
managing it with dangerous drugs in amounts or combinations that	2652
may not be appropriate when treating other medical conditions. The	2653
physician's diagnosis shall be made after having the individual	2654
evaluated by one or more other physicians who specialize in the	2655
treatment of the area, system, or organ of the body perceived as	2656
the source of the pain. The physician's diagnosis and treatment	2657
decisions shall be made according to accepted and prevailing	2658
standards for medical care. The physician shall maintain a record	2659
of all of the following:	2660

(1) Medical history and physical examination of the	2661
individual;	2662

(2) The diagnosis of intractablechronic pain, including	2663
signs, symptoms, and causes;	2664

(3) The plan of treatment proposed, the patient's response to	2665
treatment, and any modification to the plan of treatment;	2666

(4) The dates on which dangerous drugs were prescribed,	2667
furnished, or administered, the name and address of the individual	2668
to or for whom the dangerous drugs were prescribed, dispensed, or	2669
administered, and the amounts and dosage forms for the dangerous	2670
drugs prescribed, furnished, or administered;	2671

(5) A copy of the report made by the physician or the	2672
physician to whom referral for evaluation was made under this	2673
division.	2674

(D) A physician who treats intractablechronic pain by	2675
managing it with dangerous drugs is not subject to disciplinary	2676
action by the board under section 4731.22 of the Revised Code	2677
solely because the physician treated the intractablechronic pain	2678
with dangerous drugs. The physician is subject to disciplinary	2679
action only if the dangerous drugs are not prescribed, furnished,	2680
or administered in accordance with this section and the rules	2681
adopted under it.	2682

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

2683

(1) "Chronic pain" has the same meaning as in section	2684
4731.052 of the Revised Code.	2685

(2) "Controlled substance" has the same meaning as in section	2686
3719.01 of the Revised Code.	2687

(3) "Owner" means each person included on the list maintained	2688
under division (B)(5) of section 4729.552 of the Revised Code.	2689

(4)(a) "Pain management clinic" means a facility to which all	2690
of the following apply:	2691

(i) The primary component of practice is treatment of pain or	2692
chronic pain;	2693

(ii) The majority of patients of the prescribers at the	2694
facility are provided treatment for pain or chronic pain that	2695
includes the use of controlled substances, tramadol, carisoprodol,	2696
or other drugs specified in rules adopted under this section;	2697

(iii) The facility meets any other identifying criteria	2698
established in rules adopted under this section.	2699

(b) "Pain management clinic" does not include any of the	2700
following:	2701

(i) A hospital registered with the department of health under	2702
section 3701.07 of the Revised Code or a facility owned in whole	2703
or in part by a hospital;	2704

(ii) A school, college, university, or other educational	2705
institution or program to the extent that it provides instruction	2706
to individuals preparing to practice as physicians, podiatrists,	2707
dentists, nurses, physician assistants, optometrists, or	2708
veterinarians or any affiliated facility to the extent that it	2709
participates in the provision of that instruction;	2710

(iii) A hospice program licensed under Chapter 3712. of the	2711
Revised Code;	2712

(iv) An ambulatory surgical facility licensed under section	2713
3702.30 of the Revised Code.	2714

(5) "Physician" means an individual authorized under this	2715
chapter to practice medicine and surgery or osteopathic medicine	2716
and surgery.	2717

(6) "Prescriber" has the same meaning as in section 4729.01	2718
of the Revised Code.	2719

(B) Each owner shall supervise, control, and direct the	2720
activities of each individual, including an employee, volunteer,	2721
or individual under contract, who provides treatment of pain or	2722
chronic pain at the clinic or is associated with the provision of	2723
that treatment. The supervision, control, and direction shall be	2724
provided in accordance with rules adopted under this section.	2725

(C) The state medical board shall adopt rules in accordance	2726
with Chapter 119. of the Revised Code that establish all of the	2727
following:	2728

(1) Standards and procedures for the operation of a pain	2729
management clinic;	2730

(2) Standards and procedures to be followed by a physician	2731
who provides care at a pain management clinic;	2732

(3) For purposes of division (A)(4)(a)(ii) of this section,	2733
the other drugs used to treat pain or chronic pain that identify a	2734
facility as a pain management clinic;	2735

(4) For purposes of division (A)(4)(a)(iii) of this section,	2736
the other criteria that identify a facility as a pain management	2737
clinic;	2738

(5) For purposes of division (B) of this section, standards	2739
and procedures to be followed by an owner in providing	2740
supervision, direction, and control of individuals at a pain	2741
management clinic.	2742

(D) The board may impose a fine of not more than twenty	2743
thousand dollars on a physician who fails to comply with rules	2744
adopted under this section. The fine may be in addition to or in	2745
lieu of any other action that may be taken under section 4731.22	2746
of the Revised Code. The board shall deposit any amounts received	2747
under this division in accordance with section 4731.24 of the	2748
Revised Code.	2749

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

2750

(1) "Drug database" means the database established and	2751
maintained by the state board of pharmacy pursuant to section	2752
4729.75 of the Revised Code.	2753

(2) "Physician" means an individual authorized under this	2754
chapter to practice medicine and surgery, osteopathic medicine and	2755
surgery, or podiatric medicine and surgery.	2756

(B) The state medical board shall adopt rules in accordance	2757
with Chapter 119. of the Revised Code that establish standards and	2758
procedures to be followed by a physician regarding the review of	2759
patient information available through the drug database.	2760

(C) This section and the rules adopted under it do not apply	2761
if the state board of pharmacy no longer maintains the drug	2762
database.	2763

Sec. 4731.22.  (A) The state medical board, by an affirmative	2764
vote of not fewer than six of its members, may revoke or may	2765
refuse to grant a certificate to a person found by the board to	2766
have committed fraud during the administration of the examination	2767
for a certificate to practice or to have committed fraud,	2768
misrepresentation, or deception in applying for or securing any	2769
certificate to practice or certificate of registration issued by	2770
the board.	2771

(B) The board, by an affirmative vote of not fewer than six	2772
members, shall, to the extent permitted by law, limit, revoke, or	2773
suspend an individual's certificate to practice, refuse to	2774
register an individual, refuse to reinstate a certificate, or	2775
reprimand or place on probation the holder of a certificate for	2776
one or more of the following reasons:	2777

(1) Permitting one's name or one's certificate to practice or	2778
certificate of registration to be used by a person, group, or	2779
corporation when the individual concerned is not actually	2780
directing the treatment given;	2781

(2) Failure to maintain minimal standards applicable to the	2782
selection or administration of drugs, or failure to employ	2783
acceptable scientific methods in the selection of drugs or other	2784
modalities for treatment of disease;	2785

(3) Selling, giving away, personally furnishing, prescribing,	2786
or administering drugs for other than legal and legitimate	2787
therapeutic purposes or a plea of guilty to, a judicial finding of	2788
guilt of, or a judicial finding of eligibility for intervention in	2789
lieu of conviction of, a violation of any federal or state law	2790
regulating the possession, distribution, or use of any drug;	2791

(4) Willfully betraying a professional confidence.

2792

For purposes of this division, "willfully betraying a	2793
professional confidence" does not include providing any	2794
information, documents, or reports to a child fatality review	2795
board under sections 307.621 to 307.629 of the Revised Code and	2796
does not include the making of a report of an employee's use of a	2797
drug of abuse, or a report of a condition of an employee other	2798
than one involving the use of a drug of abuse, to the employer of	2799
the employee as described in division (B) of section 2305.33 of	2800
the Revised Code. Nothing in this division affects the immunity	2801
from civil liability conferred by that section upon a physician	2802
who makes either type of report in accordance with division (B) of	2803
that section. As used in this division, "employee," "employer,"	2804
and "physician" have the same meanings as in section 2305.33 of	2805
the Revised Code.	2806

(5) Making a false, fraudulent, deceptive, or misleading	2807
statement in the solicitation of or advertising for patients; in	2808
relation to the practice of medicine and surgery, osteopathic	2809
medicine and surgery, podiatric medicine and surgery, or a limited	2810
branch of medicine; or in securing or attempting to secure any	2811
certificate to practice or certificate of registration issued by	2812
the board.	2813

As used in this division, "false, fraudulent, deceptive, or	2814
misleading statement" means a statement that includes a	2815
misrepresentation of fact, is likely to mislead or deceive because	2816
of a failure to disclose material facts, is intended or is likely	2817
to create false or unjustified expectations of favorable results,	2818
or includes representations or implications that in reasonable	2819
probability will cause an ordinarily prudent person to	2820
misunderstand or be deceived.	2821

(6) A departure from, or the failure to conform to, minimal	2822
standards of care of similar practitioners under the same or	2823
similar circumstances, whether or not actual injury to a patient	2824
is established;	2825

(7) Representing, with the purpose of obtaining compensation	2826
or other advantage as personal gain or for any other person, that	2827
an incurable disease or injury, or other incurable condition, can	2828
be permanently cured;	2829

(8) The obtaining of, or attempting to obtain, money or	2830
anything of value by fraudulent misrepresentations in the course	2831
of practice;	2832

(9) A plea of guilty to, a judicial finding of guilt of, or a	2833
judicial finding of eligibility for intervention in lieu of	2834
conviction for, a felony;	2835

(10) Commission of an act that constitutes a felony in this	2836
state, regardless of the jurisdiction in which the act was	2837
committed;	2838

(11) A plea of guilty to, a judicial finding of guilt of, or	2839
a judicial finding of eligibility for intervention in lieu of	2840
conviction for, a misdemeanor committed in the course of practice;	2841

(12) Commission of an act in the course of practice that	2842
constitutes a misdemeanor in this state, regardless of the	2843
jurisdiction in which the act was committed;	2844

(13) A plea of guilty to, a judicial finding of guilt of, or	2845
a judicial finding of eligibility for intervention in lieu of	2846
conviction for, a misdemeanor involving moral turpitude;	2847

(14) Commission of an act involving moral turpitude that	2848
constitutes a misdemeanor in this state, regardless of the	2849
jurisdiction in which the act was committed;	2850

(15) Violation of the conditions of limitation placed by the	2851
board upon a certificate to practice;	2852

(16) Failure to pay license renewal fees specified in this	2853
chapter;	2854

(17) Except as authorized in section 4731.31 of the Revised	2855
Code, engaging in the division of fees for referral of patients,	2856
or the receiving of a thing of value in return for a specific	2857
referral of a patient to utilize a particular service or business;	2858

(18) Subject to section 4731.226 of the Revised Code,	2859
violation of any provision of a code of ethics of the American	2860
medical association, the American osteopathic association, the	2861
American podiatric medical association, or any other national	2862
professional organizations that the board specifies by rule. The	2863
state medical board shall obtain and keep on file current copies	2864
of the codes of ethics of the various national professional	2865
organizations. The individual whose certificate is being suspended	2866
or revoked shall not be found to have violated any provision of a	2867
code of ethics of an organization not appropriate to the	2868
individual's profession.	2869

For purposes of this division, a "provision of a code of	2870
ethics of a national professional organization" does not include	2871
any provision that would preclude the making of a report by a	2872
physician of an employee's use of a drug of abuse, or of a	2873
condition of an employee other than one involving the use of a	2874
drug of abuse, to the employer of the employee as described in	2875
division (B) of section 2305.33 of the Revised Code. Nothing in	2876
this division affects the immunity from civil liability conferred	2877
by that section upon a physician who makes either type of report	2878
in accordance with division (B) of that section. As used in this	2879
division, "employee," "employer," and "physician" have the same	2880
meanings as in section 2305.33 of the Revised Code.	2881

(19) Inability to practice according to acceptable and	2882
prevailing standards of care by reason of mental illness or	2883
physical illness, including, but not limited to, physical	2884
deterioration that adversely affects cognitive, motor, or	2885
perceptive skills.	2886

In enforcing this division, the board, upon a showing of a	2887
possible violation, may compel any individual authorized to	2888
practice by this chapter or who has submitted an application	2889
pursuant to this chapter to submit to a mental examination,	2890
physical examination, including an HIV test, or both a mental and	2891
a physical examination. The expense of the examination is the	2892
responsibility of the individual compelled to be examined. Failure	2893
to submit to a mental or physical examination or consent to an HIV	2894
test ordered by the board constitutes an admission of the	2895
allegations against the individual unless the failure is due to	2896
circumstances beyond the individual's control, and a default and	2897
final order may be entered without the taking of testimony or	2898
presentation of evidence. If the board finds an individual unable	2899
to practice because of the reasons set forth in this division, the	2900
board shall require the individual to submit to care, counseling,	2901
or treatment by physicians approved or designated by the board, as	2902
a condition for initial, continued, reinstated, or renewed	2903
authority to practice. An individual affected under this division	2904
shall be afforded an opportunity to demonstrate to the board the	2905
ability to resume practice in compliance with acceptable and	2906
prevailing standards under the provisions of the individual's	2907
certificate. For the purpose of this division, any individual who	2908
applies for or receives a certificate to practice under this	2909
chapter accepts the privilege of practicing in this state and, by	2910
so doing, shall be deemed to have given consent to submit to a	2911
mental or physical examination when directed to do so in writing	2912
by the board, and to have waived all objections to the	2913
admissibility of testimony or examination reports that constitute	2914
a privileged communication.	2915

(20) Except when civil penalties are imposed under section	2916
4731.225 or 4731.281 of the Revised Code, and subject to section	2917
4731.226 of the Revised Code, violating or attempting to violate,	2918
directly or indirectly, or assisting in or abetting the violation	2919
of, or conspiring to violate, any provisions of this chapter or	2920
any rule promulgated by the board.	2921

This division does not apply to a violation or attempted	2922
violation of, assisting in or abetting the violation of, or a	2923
conspiracy to violate, any provision of this chapter or any rule	2924
adopted by the board that would preclude the making of a report by	2925
a physician of an employee's use of a drug of abuse, or of a	2926
condition of an employee other than one involving the use of a	2927
drug of abuse, to the employer of the employee as described in	2928
division (B) of section 2305.33 of the Revised Code. Nothing in	2929
this division affects the immunity from civil liability conferred	2930
by that section upon a physician who makes either type of report	2931
in accordance with division (B) of that section. As used in this	2932
division, "employee," "employer," and "physician" have the same	2933
meanings as in section 2305.33 of the Revised Code.	2934

(21) The violation of section 3701.79 of the Revised Code or	2935
of any abortion rule adopted by the public health council pursuant	2936
to section 3701.341 of the Revised Code;	2937

(22) Any of the following actions taken by thean agency	2938
responsible for authorizing, certifying, or regulating the	2939
practice of medicine and surgery, osteopathic medicine and	2940
surgery, podiatric medicine and surgery, or the limited branches	2941
of medicine inan individual to practice a health care occupation	2942
or provide health care services in this state or another	2943
jurisdiction, for any reason other than the nonpayment of fees:	2944
the limitation, revocation, or suspension of an individual's	2945
license to practice; acceptance of an individual's license	2946
surrender; denial of a license; refusal to renew or reinstate a	2947
license; imposition of probation; or issuance of an order of	2948
censure or other reprimand;	2949

(23) The violation of section 2919.12 of the Revised Code or	2950
the performance or inducement of an abortion upon a pregnant woman	2951
with actual knowledge that the conditions specified in division	2952
(B) of section 2317.56 of the Revised Code have not been satisfied	2953
or with a heedless indifference as to whether those conditions	2954
have been satisfied, unless an affirmative defense as specified in	2955
division (H)(2) of that section would apply in a civil action	2956
authorized by division (H)(1) of that section;	2957

(24) The revocation, suspension, restriction, reduction, or	2958
termination of clinical privileges by the United States department	2959
of defense or department of veterans affairs or the termination or	2960
suspension of a certificate of registration to prescribe drugs by	2961
the drug enforcement administration of the United States	2962
department of justice;	2963

(25) Termination or suspension from participation in the	2964
medicare or medicaid programs by the department of health and	2965
human services or other responsible agency for any act or acts	2966
that also would constitute a violation of division (B)(2), (3),	2967
(6), (8), or (19) of this section;	2968

(26) Impairment of ability to practice according to	2969
acceptable and prevailing standards of care because of habitual or	2970
excessive use or abuse of drugs, alcohol, or other substances that	2971
impair ability to practice.	2972

For the purposes of this division, any individual authorized	2973
to practice by this chapter accepts the privilege of practicing in	2974
this state subject to supervision by the board. By filing an	2975
application for or holding a certificate to practice under this	2976
chapter, an individual shall be deemed to have given consent to	2977
submit to a mental or physical examination when ordered to do so	2978
by the board in writing, and to have waived all objections to the	2979
admissibility of testimony or examination reports that constitute	2980
privileged communications.	2981

If it has reason to believe that any individual authorized to	2982
practice by this chapter or any applicant for certification to	2983
practice suffers such impairment, the board may compel the	2984
individual to submit to a mental or physical examination, or both.	2985
The expense of the examination is the responsibility of the	2986
individual compelled to be examined. Any mental or physical	2987
examination required under this division shall be undertaken by a	2988
treatment provider or physician who is qualified to conduct the	2989
examination and who is chosen by the board.	2990

Failure to submit to a mental or physical examination ordered	2991
by the board constitutes an admission of the allegations against	2992
the individual unless the failure is due to circumstances beyond	2993
the individual's control, and a default and final order may be	2994
entered without the taking of testimony or presentation of	2995
evidence. If the board determines that the individual's ability to	2996
practice is impaired, the board shall suspend the individual's	2997
certificate or deny the individual's application and shall require	2998
the individual, as a condition for initial, continued, reinstated,	2999
or renewed certification to practice, to submit to treatment.	3000

Before being eligible to apply for reinstatement of a	3001
certificate suspended under this division, the impaired	3002
practitioner shall demonstrate to the board the ability to resume	3003
practice in compliance with acceptable and prevailing standards of	3004
care under the provisions of the practitioner's certificate. The	3005
demonstration shall include, but shall not be limited to, the	3006
following:	3007

(a) Certification from a treatment provider approved under	3008
section 4731.25 of the Revised Code that the individual has	3009
successfully completed any required inpatient treatment;	3010

(b) Evidence of continuing full compliance with an aftercare	3011
contract or consent agreement;	3012

(c) Two written reports indicating that the individual's	3013
ability to practice has been assessed and that the individual has	3014
been found capable of practicing according to acceptable and	3015
prevailing standards of care. The reports shall be made by	3016
individuals or providers approved by the board for making the	3017
assessments and shall describe the basis for their determination.	3018

The board may reinstate a certificate suspended under this	3019
division after that demonstration and after the individual has	3020
entered into a written consent agreement.	3021

When the impaired practitioner resumes practice, the board	3022
shall require continued monitoring of the individual. The	3023
monitoring shall include, but not be limited to, compliance with	3024
the written consent agreement entered into before reinstatement or	3025
with conditions imposed by board order after a hearing, and, upon	3026
termination of the consent agreement, submission to the board for	3027
at least two years of annual written progress reports made under	3028
penalty of perjury stating whether the individual has maintained	3029
sobriety.	3030

(27) A second or subsequent violation of section 4731.66 or	3031
4731.69 of the Revised Code;	3032

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

3033

(a) Waiving the payment of all or any part of a deductible or	3034
copayment that a patient, pursuant to a health insurance or health	3035
care policy, contract, or plan that covers the individual's	3036
services, otherwise would be required to pay if the waiver is used	3037
as an enticement to a patient or group of patients to receive	3038
health care services from that individual;	3039

(b) Advertising that the individual will waive the payment of	3040
all or any part of a deductible or copayment that a patient,	3041
pursuant to a health insurance or health care policy, contract, or	3042
plan that covers the individual's services, otherwise would be	3043
required to pay.	3044

(29) Failure to use universal blood and body fluid	3045
precautions established by rules adopted under section 4731.051 of	3046
the Revised Code;	3047

(30) Failure to provide notice to, and receive acknowledgment	3048
of the notice from, a patient when required by section 4731.143 of	3049
the Revised Code prior to providing nonemergency professional	3050
services, or failure to maintain that notice in the patient's	3051
file;	3052

(31) Failure of a physician supervising a physician assistant	3053
to maintain supervision in accordance with the requirements of	3054
Chapter 4730. of the Revised Code and the rules adopted under that	3055
chapter;	3056

(32) Failure of a physician or podiatrist to enter into a	3057
standard care arrangement with a clinical nurse specialist,	3058
certified nurse-midwife, or certified nurse practitioner with whom	3059
the physician or podiatrist is in collaboration pursuant to	3060
section 4731.27 of the Revised Code or failure to fulfill the	3061
responsibilities of collaboration after entering into a standard	3062
care arrangement;	3063

(33) Failure to comply with the terms of a consult agreement	3064
entered into with a pharmacist pursuant to section 4729.39 of the	3065
Revised Code;	3066

(34) Failure to cooperate in an investigation conducted by	3067
the board under division (F) of this section, including failure to	3068
comply with a subpoena or order issued by the board or failure to	3069
answer truthfully a question presented by the board at a	3070
deposition or in written interrogatories, except that failure to	3071
cooperate with an investigation shall not constitute grounds for	3072
discipline under this section if a court of competent jurisdiction	3073
has issued an order that either quashes a subpoena or permits the	3074
individual to withhold the testimony or evidence in issue;	3075

(35) Failure to supervise an acupuncturist in accordance with	3076
Chapter 4762. of the Revised Code and the board's rules for	3077
supervision of an acupuncturist;	3078

(36) Failure to supervise an anesthesiologist assistant in	3079
accordance with Chapter 4760. of the Revised Code and the board's	3080
rules for supervision of an anesthesiologist assistant;	3081

(37) Assisting suicide as defined in section 3795.01 of the	3082
Revised Code;	3083

(38) Failure to comply with the requirements of section	3084
2317.561 of the Revised Code;	3085

(39) Failure to supervise a radiologist assistant in	3086
accordance with Chapter 4774. of the Revised Code and the board's	3087
rules for supervision of radiologist assistants;	3088

(40) Performing or inducing an abortion at an office or	3089
facility with knowledge that the office or facility fails to post	3090
the notice required under section 3701.791 of the Revised Code;	3091

(41) Failure to comply with the standards and procedures	3092
established in rules under section 4731.054 of the Revised Code	3093
for the operation of or the provision of care at a pain management	3094
clinic;	3095

(42) Failure to comply with the standards and procedures	3096
established in rules under section 4731.054 of the Revised Code	3097
for providing supervision, direction, and control of individuals	3098
at a pain management clinic;	3099

(43) Failure to comply with the requirements of section	3100
4729.79 of the Revised Code, unless the state board of pharmacy no	3101
longer maintains a drug database pursuant to section 4729.75 of	3102
the Revised Code.	3103

(C) Disciplinary actions taken by the board under divisions	3104
(A) and (B) of this section shall be taken pursuant to an	3105
adjudication under Chapter 119. of the Revised Code, except that	3106
in lieu of an adjudication, the board may enter into a consent	3107
agreement with an individual to resolve an allegation of a	3108
violation of this chapter or any rule adopted under it. A consent	3109
agreement, when ratified by an affirmative vote of not fewer than	3110
six members of the board, shall constitute the findings and order	3111
of the board with respect to the matter addressed in the	3112
agreement. If the board refuses to ratify a consent agreement, the	3113
admissions and findings contained in the consent agreement shall	3114
be of no force or effect.	3115

A telephone conference call may be utilized for ratification	3116
of a consent agreement that revokes or suspends an individual's	3117
certificate to practice. The telephone conference call shall be	3118
considered a special meeting under division (F) of section 121.22	3119
of the Revised Code.	3120

If the board takes disciplinary action against an individual	3121
under division (B) of this section for a second or subsequent plea	3122
of guilty to, or judicial finding of guilt of, a violation of	3123
section 2919.123 of the Revised Code, the disciplinary action	3124
shall consist of a suspension of the individual's certificate to	3125
practice for a period of at least one year or, if determined	3126
appropriate by the board, a more serious sanction involving the	3127
individual's certificate to practice. Any consent agreement	3128
entered into under this division with an individual that pertains	3129
to a second or subsequent plea of guilty to, or judicial finding	3130
of guilt of, a violation of that section shall provide for a	3131
suspension of the individual's certificate to practice for a	3132
period of at least one year or, if determined appropriate by the	3133
board, a more serious sanction involving the individual's	3134
certificate to practice.	3135

(D) For purposes of divisions (B)(10), (12), and (14) of this	3136
section, the commission of the act may be established by a finding	3137
by the board, pursuant to an adjudication under Chapter 119. of	3138
the Revised Code, that the individual committed the act. The board	3139
does not have jurisdiction under those divisions if the trial	3140
court renders a final judgment in the individual's favor and that	3141
judgment is based upon an adjudication on the merits. The board	3142
has jurisdiction under those divisions if the trial court issues	3143
an order of dismissal upon technical or procedural grounds.	3144

(E) The sealing of conviction records by any court shall have	3145
no effect upon a prior board order entered under this section or	3146
upon the board's jurisdiction to take action under this section	3147
if, based upon a plea of guilty, a judicial finding of guilt, or a	3148
judicial finding of eligibility for intervention in lieu of	3149
conviction, the board issued a notice of opportunity for a hearing	3150
prior to the court's order to seal the records. The board shall	3151
not be required to seal, destroy, redact, or otherwise modify its	3152
records to reflect the court's sealing of conviction records.	3153

(F)(1) The board shall investigate evidence that appears to	3154
show that a person has violated any provision of this chapter or	3155
any rule adopted under it. Any person may report to the board in a	3156
signed writing any information that the person may have that	3157
appears to show a violation of any provision of this chapter or	3158
any rule adopted under it. In the absence of bad faith, any person	3159
who reports information of that nature or who testifies before the	3160
board in any adjudication conducted under Chapter 119. of the	3161
Revised Code shall not be liable in damages in a civil action as a	3162
result of the report or testimony. Each complaint or allegation of	3163
a violation received by the board shall be assigned a case number	3164
and shall be recorded by the board.	3165

(2) Investigations of alleged violations of this chapter or	3166
any rule adopted under it shall be supervised by the supervising	3167
member elected by the board in accordance with section 4731.02 of	3168
the Revised Code and by the secretary as provided in section	3169
4731.39 of the Revised Code. The president may designate another	3170
member of the board to supervise the investigation in place of the	3171
supervising member. No member of the board who supervises the	3172
investigation of a case shall participate in further adjudication	3173
of the case.	3174

(3) In investigating a possible violation of this chapter or	3175
any rule adopted under this chapter, the board may administer	3176
oaths, order the taking of depositions, inspect and copy any	3177
books, accounts, papers, records, or documents, issue subpoenas,	3178
and compel the attendance of witnesses and production of books,	3179
accounts, papers, records, documents, and testimony, except that a	3180
subpoena for patient record information shall not be issued	3181
without consultation with the attorney general's office and	3182
approval of the secretary and supervising member of the board.	3183
Before issuance of a subpoena for patient record information, the	3184
secretary and supervising member shall determine whether there is	3185
probable cause to believe that the complaint filed alleges a	3186
violation of this chapter or any rule adopted under it and that	3187
the records sought are relevant to the alleged violation and	3188
material to the investigation. The subpoena may apply only to	3189
records that cover a reasonable period of time surrounding the	3190
alleged violation.	3191

On failure to comply with any subpoena issued by the board	3192
and after reasonable notice to the person being subpoenaed, the	3193
board may move for an order compelling the production of persons	3194
or records pursuant to the Rules of Civil Procedure.	3195

A subpoena issued by the board may be served by a sheriff,	3196
the sheriff's deputy, or a board employee designated by the board.	3197
Service of a subpoena issued by the board may be made by	3198
delivering a copy of the subpoena to the person named therein,	3199
reading it to the person, or leaving it at the person's usual	3200
place of residence. When the person being served is a person whose	3201
practice is authorized by this chapter, service of the subpoena	3202
may be made by certified mail, restricted delivery, return receipt	3203
requested, and the subpoena shall be deemed served on the date	3204
delivery is made or the date the person refuses to accept	3205
delivery.	3206

A sheriff's deputy who serves a subpoena shall receive the	3207
same fees as a sheriff. Each witness who appears before the board	3208
in obedience to a subpoena shall receive the fees and mileage	3209
provided for under section 119.094 of the Revised Code.	3210

(4) All hearings and investigations of the board shall be	3211
considered civil actions for the purposes of section 2305.252 of	3212
the Revised Code.	3213

(5) Information received by the board pursuant to an	3214
investigation is confidential and not subject to discovery in any	3215
civil action.	3216

The board shall conduct all investigations and proceedings in	3217
a manner that protects the confidentiality of patients and persons	3218
who file complaints with the board. The board shall not make	3219
public the names or any other identifying information about	3220
patients or complainants unless proper consent is given or, in the	3221
case of a patient, a waiver of the patient privilege exists under	3222
division (B) of section 2317.02 of the Revised Code, except that	3223
consent or a waiver of that nature is not required if the board	3224
possesses reliable and substantial evidence that no bona fide	3225
physician-patient relationship exists.	3226

The board may share any information it receives pursuant to	3227
an investigation, including patient records and patient record	3228
information, with law enforcement agencies, other licensing	3229
boards, and other governmental agencies that are prosecuting,	3230
adjudicating, or investigating alleged violations of statutes or	3231
administrative rules. An agency or board that receives the	3232
information shall comply with the same requirements regarding	3233
confidentiality as those with which the state medical board must	3234
comply, notwithstanding any conflicting provision of the Revised	3235
Code or procedure of the agency or board that applies when it is	3236
dealing with other information in its possession. In a judicial	3237
proceeding, the information may be admitted into evidence only in	3238
accordance with the Rules of Evidence, but the court shall require	3239
that appropriate measures are taken to ensure that confidentiality	3240
is maintained with respect to any part of the information that	3241
contains names or other identifying information about patients or	3242
complainants whose confidentiality was protected by the state	3243
medical board when the information was in the board's possession.	3244
Measures to ensure confidentiality that may be taken by the court	3245
include sealing its records or deleting specific information from	3246
its records.	3247

(6) On a quarterly basis, the board shall prepare a report	3248
that documents the disposition of all cases during the preceding	3249
three months. The report shall contain the following information	3250
for each case with which the board has completed its activities:	3251

(a) The case number assigned to the complaint or alleged	3252
violation;	3253

(b) The type of certificate to practice, if any, held by the	3254
individual against whom the complaint is directed;	3255

(c) A description of the allegations contained in the	3256
complaint;	3257

(d) The disposition of the case.

3258

The report shall state how many cases are still pending and	3259
shall be prepared in a manner that protects the identity of each	3260
person involved in each case. The report shall be a public record	3261
under section 149.43 of the Revised Code.	3262

(G) If the secretary and supervising member determine that	3263
thereboth of the following, they may recommend that the board	3264
suspend an individual's certificate to practice without a prior	3265
hearing:	3266

(1) That there is clear and convincing evidence that an	3267
individual has violated division (B) of this section and that;	3268

(2) That the individual's continued practice presents a	3269
danger of immediate and serious harm to the public, they may	3270
recommend that the board suspend the individual's certificate to	3271
practice without a prior hearing. Written	3272

Written allegations shall be prepared for consideration by	3273
the board. The	3274

The board, upon review of those allegations and by an	3275
affirmative vote of not fewer than six of its members, excluding	3276
the secretary and supervising member, may suspend a certificate	3277
without a prior hearing. A telephone conference call may be	3278
utilized for reviewing the allegations and taking the vote on the	3279
summary suspension.	3280

The board shall issue a written order of suspension by	3281
certified mail or in person in accordance with section 119.07 of	3282
the Revised Code. The order shall not be subject to suspension by	3283
the court during pendency of any appeal filed under section 119.12	3284
of the Revised Code. If the individual subject to the summary	3285
suspension requests an adjudicatory hearing by the board, the date	3286
set for the hearing shall be within fifteen days, but not earlier	3287
than seven days, after the individual requests the hearing, unless	3288
otherwise agreed to by both the board and the individual.	3289

Any summary suspension imposed under this division shall	3290
remain in effect, unless reversed on appeal, until a final	3291
adjudicative order issued by the board pursuant to this section	3292
and Chapter 119. of the Revised Code becomes effective. The board	3293
shall issue its final adjudicative order within seventy-five days	3294
after completion of its hearing. A failure to issue the order	3295
within seventy-five days shall result in dissolution of the	3296
summary suspension order but shall not invalidate any subsequent,	3297
final adjudicative order.	3298

(H) If the board takes action under division (B)(9), (11), or	3299
(13) of this section and the judicial finding of guilt, guilty	3300
plea, or judicial finding of eligibility for intervention in lieu	3301
of conviction is overturned on appeal, upon exhaustion of the	3302
criminal appeal, a petition for reconsideration of the order may	3303
be filed with the board along with appropriate court documents.	3304
Upon receipt of a petition of that nature and supporting court	3305
documents, the board shall reinstate the individual's certificate	3306
to practice. The board may then hold an adjudication under Chapter	3307
119. of the Revised Code to determine whether the individual	3308
committed the act in question. Notice of an opportunity for a	3309
hearing shall be given in accordance with Chapter 119. of the	3310
Revised Code. If the board finds, pursuant to an adjudication held	3311
under this division, that the individual committed the act or if	3312
no hearing is requested, the board may order any of the sanctions	3313
identified under division (B) of this section.	3314

(I) The certificate to practice issued to an individual under	3315
this chapter and the individual's practice in this state are	3316
automatically suspended as of the date of the individual's second	3317
or subsequent plea of guilty to, or judicial finding of guilt of,	3318
a violation of section 2919.123 of the Revised Code, or the date	3319
the individual pleads guilty to, is found by a judge or jury to be	3320
guilty of, or is subject to a judicial finding of eligibility for	3321
intervention in lieu of conviction in this state or treatment or	3322
intervention in lieu of conviction in another jurisdiction for any	3323
of the following criminal offenses in this state or a	3324
substantially equivalent criminal offense in another jurisdiction:	3325
aggravated murder, murder, voluntary manslaughter, felonious	3326
assault, kidnapping, rape, sexual battery, gross sexual	3327
imposition, aggravated arson, aggravated robbery, or aggravated	3328
burglary. Continued practice after suspension shall be considered	3329
practicing without a certificate.	3330

The board shall notify the individual subject to the	3331
suspension by certified mail or in person in accordance with	3332
section 119.07 of the Revised Code. If an individual whose	3333
certificate is automatically suspended under this division fails	3334
to make a timely request for an adjudication under Chapter 119. of	3335
the Revised Code, the board shall do whichever of the following is	3336
applicable:	3337

(1) If the automatic suspension under this division is for a	3338
second or subsequent plea of guilty to, or judicial finding of	3339
guilt of, a violation of section 2919.123 of the Revised Code, the	3340
board shall enter an order suspending the individual's certificate	3341
to practice for a period of at least one year or, if determined	3342
appropriate by the board, imposing a more serious sanction	3343
involving the individual's certificate to practice.	3344

(2) In all circumstances in which division (I)(1) of this	3345
section does not apply, enter a final order permanently revoking	3346
the individual's certificate to practice.	3347

(J) If the board is required by Chapter 119. of the Revised	3348
Code to give notice of an opportunity for a hearing and if the	3349
individual subject to the notice does not timely request a hearing	3350
in accordance with section 119.07 of the Revised Code, the board	3351
is not required to hold a hearing, but may adopt, by an	3352
affirmative vote of not fewer than six of its members, a final	3353
order that contains the board's findings. In that final order, the	3354
board may order any of the sanctions identified under division (A)	3355
or (B) of this section.	3356

(K) Any action taken by the board under division (B) of this	3357
section resulting in a suspension from practice shall be	3358
accompanied by a written statement of the conditions under which	3359
the individual's certificate to practice may be reinstated. The	3360
board shall adopt rules governing conditions to be imposed for	3361
reinstatement. Reinstatement of a certificate suspended pursuant	3362
to division (B) of this section requires an affirmative vote of	3363
not fewer than six members of the board.	3364

(L) When the board refuses to grant a certificate to an	3365
applicant, revokes an individual's certificate to practice,	3366
refuses to register an applicant, or refuses to reinstate an	3367
individual's certificate to practice, the board may specify that	3368
its action is permanent. An individual subject to a permanent	3369
action taken by the board is forever thereafter ineligible to hold	3370
a certificate to practice and the board shall not accept an	3371
application for reinstatement of the certificate or for issuance	3372
of a new certificate.	3373

(M) Notwithstanding any other provision of the Revised Code,	3374
all of the following apply:	3375

(1) The surrender of a certificate issued under this chapter	3376
shall not be effective unless or until accepted by the board. A	3377
telephone conference call may be utilized for acceptance of the	3378
surrender of an individual's certificate to practice. The	3379
telephone conference call shall be considered a special meeting	3380
under division (F) of section 121.22 of the Revised Code.	3381
Reinstatement of a certificate surrendered to the board requires	3382
an affirmative vote of not fewer than six members of the board.	3383

(2) An application for a certificate made under the	3384
provisions of this chapter may not be withdrawn without approval	3385
of the board.	3386

(3) Failure by an individual to renew a certificate of	3387
registration in accordance with this chapter shall not remove or	3388
limit the board's jurisdiction to take any disciplinary action	3389
under this section against the individual.	3390

(N) Sanctions shall not be imposed under division (B)(28) of	3391
this section against any person who waives deductibles and	3392
copayments as follows:	3393

(1) In compliance with the health benefit plan that expressly	3394
allows such a practice. Waiver of the deductibles or copayments	3395
shall be made only with the full knowledge and consent of the plan	3396
purchaser, payer, and third-party administrator. Documentation of	3397
the consent shall be made available to the board upon request.	3398

(2) For professional services rendered to any other person	3399
authorized to practice pursuant to this chapter, to the extent	3400
allowed by this chapter and rules adopted by the board.	3401

(O) Under the board's investigative duties described in this	3402
section and subject to division (F) of this section, the board	3403
shall develop and implement a quality intervention program	3404
designed to improve through remedial education the clinical and	3405
communication skills of individuals authorized under this chapter	3406
to practice medicine and surgery, osteopathic medicine and	3407
surgery, and podiatric medicine and surgery. In developing and	3408
implementing the quality intervention program, the board may do	3409
all of the following:	3410

(1) Offer in appropriate cases as determined by the board an	3411
educational and assessment program pursuant to an investigation	3412
the board conducts under this section;	3413

(2) Select providers of educational and assessment services,	3414
including a quality intervention program panel of case reviewers;	3415

(3) Make referrals to educational and assessment service	3416
providers and approve individual educational programs recommended	3417
by those providers. The board shall monitor the progress of each	3418
individual undertaking a recommended individual educational	3419
program.	3420

(4) Determine what constitutes successful completion of an	3421
individual educational program and require further monitoring of	3422
the individual who completed the program or other action that the	3423
board determines to be appropriate;	3424

(5) Adopt rules in accordance with Chapter 119. of the	3425
Revised Code to further implement the quality intervention	3426
program.	3427

An individual who participates in an individual educational	3428
program pursuant to this division shall pay the financial	3429
obligations arising from that educational program.	3430

Sec. 4731.241. The state medical board may solicit and accept	3431
grants and services from public and private sources for the	3432
purpose of developing and maintaining programs that address	3433
patient safety and education, supply and demand of health care	3434
professionals, and information sharing with the public and the	3435
individuals regulated by the board. The board shall not solicit or	3436
accept a grant or service that would interfere with the board's	3437
independence or objectivity, as determined by the board.	3438

Money received by the board under this section shall be	3439
deposited into the state treasury to the credit of the medical	3440
board education and patient safety fund, which is hereby created.	3441
The money shall be used solely in accordance with this section.	3442

Sec. 4731.283. Not later than ninety days after the	3443
effective date of this section, theThe state medical board shall	3444
approve one or more continuing medical education courses of study	3445
included within the programs certified by the Ohio state medical	3446
association and the Ohio osteopathic association pursuant to	3447
section 4731.281 of the Revised Code that assist doctors of	3448
medicine and doctors of osteopathic medicine in diagnosing and	3449
treating intractablechronic pain, as defined in section 4731.052	3450
of the Revised Code.	3451

Sec. 4731.391.  The state medical board may access and view,	3452
but not alter, information gathered and disseminated through the	3453
Ohio law enforcement gateway established under section 109.57 of	3454
the Revised Code.	3455

Sec. 4776.02. (A) An applicant for an initial license or	3456
restored license from a licensing agency, or a person seeking to	3457
satisfy the criteria for being a qualified pharmacy technician	3458
that are specified in section 4729.42 of the Revised Code, or a	3459
person seeking to satisfy the requirements to be an employee of a	3460
pain management clinic as specified in section 4729.552 of the	3461
Revised Code shall submit a request to the bureau of criminal	3462
identification and investigation for a criminal records check of	3463
the applicant or person. The request shall be accompanied by a	3464
completed copy of the form prescribed under division (C)(1) of	3465
section 109.572 of the Revised Code, a set of fingerprint	3466
impressions obtained as described in division (C)(2) of that	3467
section, and the fee prescribed under division (C)(3) of that	3468
section. The applicant or person shall ask the superintendent of	3469
the bureau of criminal identification and investigation in the	3470
request to obtain from the federal bureau of investigation any	3471
information it has pertaining to the applicant or person.	3472

An applicant or person requesting a criminal records check	3473
shall provide the bureau of criminal identification and	3474
investigation with the applicant's or person's name and address	3475
and, regarding an applicant, with the licensing agency's name and	3476
address.	3477

(B) Upon receipt of the completed form, the set of	3478
fingerprint impressions, and the fee provided for in division (A)	3479
of this section, the superintendent of the bureau of criminal	3480
identification and investigation shall conduct a criminal records	3481
check of the applicant or person under division (B) of section	3482
109.572 of the Revised Code. Upon completion of the criminal	3483
records check, the superintendent shall do whichever of the	3484
following is applicable:	3485

(1) If the request was submitted by an applicant for an	3486
initial license or restored license, report the results of the	3487
criminal records check and any information the federal bureau of	3488
investigation provides to the licensing agency identified in the	3489
request for a criminal records check;	3490

(2) If the request was submitted by a person seeking to	3491
satisfy the criteria for being a qualified pharmacy technician	3492
that are specified in section 4729.42 of the Revised Code or a	3493
person seeking to satisfy the requirements to be an employee of a	3494
pain management clinic as specified in section 4729.552 of the	3495
Revised Code, do both of the following:	3496

(a) Report the results of the criminal records check and any	3497
information the federal bureau of investigation provides to the	3498
person who submitted the request;	3499

(b) Report the results of the portion of the criminal records	3500
check performed by the bureau of criminal identification and	3501
investigation under division (B)(1) of section 109.572 of the	3502
Revised Code to the employer or potential employer specified in	3503
the request of the person who submitted the request and send a	3504
letter to that employer or potential employer regarding the	3505
information provided by the federal bureau of investigation that	3506
states either that based on that information there is no record of	3507
any conviction or that based on that information the person who	3508
submitted the request may not meet the criteria that are specified	3509
in section 4729.42 of the Revised Code, whichever is applicable.	3510

Sec. 4776.04. The results of any criminal records check	3511
conducted pursuant to a request made under this chapter and any	3512
report containing those results, including any information the	3513
federal bureau of investigation provides, are not public records	3514
for purposes of section 149.43 of the Revised Code and shall not	3515
be made available to any person or for any purpose other than as	3516
follows:	3517

(A) If the request for the criminal records check was	3518
submitted by an applicant for an initial license or restored	3519
license, as follows:	3520

(1) The superintendent of the bureau of criminal	3521
identification and investigation shall make the results available	3522
to the licensing agency for use in determining, under the agency's	3523
authorizing chapter of the Revised Code, whether the applicant who	3524
is the subject of the criminal records check should be granted a	3525
license under that chapter.	3526

(2) The licensing agency shall make the results available to	3527
the applicant who is the subject of the criminal records check.	3528

(B) If the request for the criminal records check was	3529
submitted by a person seeking to satisfy the criteria for being a	3530
qualified pharmacy technician that are specified in section	3531
4729.42 of the Revised Code or a person seeking to satisfy the	3532
requirements to be an employee of a pain management clinic as	3533
specified in section 4729.552 of the Revised Code, the	3534
superintendent of the bureau of criminal identification and	3535
investigation shall make the results available in accordance with	3536
the following:	3537

(1) The superintendent shall make the results of the criminal	3538
records check, including any information the federal bureau of	3539
investigation provides, available to the person who submitted the	3540
request and is the subject of the criminal records check.	3541

(2) The superintendent shall make the results of the portion	3542
of the criminal records check performed by the bureau of criminal	3543
identification and investigation under division (B)(1) of section	3544
109.572 of the Revised Code available to the employer or potential	3545
employer specified in the request of the person who submitted the	3546
request and shall send a letter of the type described in division	3547
(B)(2) of section 4776.02 of the Revised Code to that employer or	3548
potential employer regarding the information provided by the	3549
federal bureau of investigation that contains one of the types of	3550
statements described in that division.	3551

Sec. 5111.085. Not later than July 1, 2012, the department of	3552
job and family services shall adopt rules in accordance with	3553
Chapter 119. of the Revised Code to implement a coordinated	3554
services program for medicaid recipients who are found to have	3555
obtained prescription drugs under the medicaid program at a	3556
frequency or in an amount that is not medically necessary. The	3557
program shall be implemented in a manner that is consistent with	3558
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	3559
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R.	3560
431.54(e).	3561

Sec. 5111.172.  (A) When contracting under section 5111.17 of	3562
the Revised Code with a managed care organization that is a health	3563
insuring corporation, the department of job and family services	3564
may require the health insuring corporation to provide coverage of	3565
prescription drugs for medicaid recipients enrolled in the health	3566
insuring corporation. In providing the required coverage, the	3567
health insuring corporation may, subject to the department's	3568
approval, use strategies for the management of drug utilization.	3569

(B) As used in this division, "controlled substance" has the	3570
same meaning as in section 3719.01 of the Revised Code.	3571

If a health insuring corporation is required under this	3572
section to provide coverage of prescription drugs, the department	3573
shall permit the health insuring corporation to develop and	3574
implement a pharmacy utilization management program under which	3575
prior authorization through the program is established as a	3576
condition of obtaining a controlled substance pursuant to a	3577
prescription. The program may include processes for requiring	3578
medicaid recipients at high risk for fraud or abuse involving	3579
controlled substances to have their prescriptions for controlled	3580
substances filled by a pharmacy, medical provider, or health care	3581
facility designated by the program.	3582

Sec. 5111.179. Each contract the department of job and family	3583
services enters into with a managed care organization under	3584
section 5111.17 of the Revised Code shall require the managed care	3585
organization to implement a coordinated services program for	3586
medicaid recipients enrolled in the organization who are found to	3587
have obtained prescription drugs under the medicaid program at a	3588
frequency or in an amount that is not medically necessary. The	3589
program shall be implemented in a manner that is consistent with	3590
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	3591
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R.	3592
431.54(e).	3593

Sec. 5111.1710. Each contract the department of job and	3594
family services enters into with a managed care organization under	3595
section 5111.17 of the Revised Code shall require the managed care	3596
organization to enter into a data security agreement with the	3597
state board of pharmacy governing the managed care organization's	3598
use of the board's drug database established and maintained under	3599
section 4729.75 of the Revised Code.	3600

This section does not apply if the board no longer maintains	3601
the drug database.	3602

Section 2.  That existing sections 109.57, 325.19, 3719.08,	3603
4715.30, 4723.28, 4729.01, 4729.071, 4729.29, 4729.51, 4729.54,	3604
4729.541, 4729.55, 4729.75, 4729.77, 4729.78, 4729.79, 4729.80,	3605
4729.81, 4729.82, 4729.83, 4729.84, 4729.99, 4731.052, 4731.22,	3606
4731.283, 4776.02, 4776.04, and 5111.172 of the Revised Code are	3607
hereby repealed.	3608

Section 3. This act is hereby declared to be an emergency	3609
measure necessary for the immediate preservation of the public	3610
peace, health, and safety. The reason for such necessity is that	3611
the incidence of unintentional drug poisoning in this state has	3612
increased significantly in recent years and is now a leading cause	3613
of death among the state's citizens, and that immediate action is	3614
necessary to ensure that the sale of certain county hospitals is	3615
not impeded. Therefore, this act shall go into immediate effect.	3616

Section 4. Division (C) of section 4729.552 of the Revised	3617
Code, as enacted by this act, shall take effect thirty days after	3618
the effective date of this section.	3619

Section 5. (A) The State Board of Pharmacy, in consultation	3620
with prescribers and pharmacists, shall consider improvements to	3621
the state's methods of monitoring, through the drug database	3622
established and maintained under section 4729.75 of the Revised	3623
Code, the misuse and diversion of controlled substances. Not later	3624
than six months after the effective date of this section, the	3625
Board shall prepare a report of its findings and recommendations.	3626

(B) In preparing the report, the Board shall include all of	3627
the following:	3628

(1) Recommendations on the establishment of a real-time drug	3629
database that permits information to be immediately submitted to	3630
the database and immediately accessible to the individuals	3631
authorized to access information in the database;	3632

(2) Recommendations on potential improvements to the Board's	3633
existing drug database, including both of the following:	3634

(a) Improvements that are necessary to facilitate information	3635
exchange between the database and database users;	3636

(b) Improvements that allow a drug utilization review to	3637
occur whereby patient use of controlled substances is monitored.	3638

(3) The potential cost of upgrading the Board's existing drug	3639
database or establishing a new database to monitor the misuse or	3640
diversion of controlled substances in this state;	3641

(4) Information on the availability of, and methods to	3642
secure, federal grants necessary to implement the Board's	3643
recommendations;	3644

(5) A description of any other matters the Board considers	3645
relevant to the report.	3646

(C) On completion of the report, the Board shall submit	3647
copies to the Speaker of the House of Representatives, President	3648
of the Senate, and Governor.	3649

Section 6.  Section 5111.179 of the Revised Code, as enacted	3650
by this act, shall be implemented by the Department of Job and	3651
Family Services not later than July 1, 2012. On and after the	3652
Department's implementation date, that section applies to	3653
contracts under section 5111.17 of the Revised Code as follows:	3654

(A) To each contract the Department enters into with a	3655
managed care organization on or after the Department's	3656
implementation date;	3657

(B) To each contract between the Department and a managed	3658
care organization that is in effect on the Department's	3659
implementation date if on or after that date the contract is	3660
renewed or the contract is amended or otherwise modified.	3661

Section 7. Section 5111.1710 of the Revised Code, as enacted	3662
by this act, shall be implemented by the Department of Job and	3663
Family Services not later than one year after the effective date	3664
of this section. On and after the Department's implementation	3665
date, that section applies to contracts under section 5111.17 of	3666
the Revised Code as follows:	3667

(A) To each contract the Department enters into with a	3668
managed care organization on or after the Department's	3669
implementation date;	3670

(B) To each contract between the Department and a managed	3671
care organization that is in effect on the Department's	3672
implementation date if on or after that date the contract is	3673
renewed or the contract is amended or otherwise modified.	3674

Section 8. (A) Not later than one year after the effective	3675
date of this section, and annually each year for four years	3676
thereafter, the State Board of Pharmacy shall prepare a report on	3677
all of the following:	3678

(1) The total number of applications received by the Board	3679
for a terminal distributor of dangerous drugs license with a pain	3680
management clinic classification;	3681

(2) The total number of licenses with a pain management	3682
clinic classification granted or denied by the Board;	3683

(3) Any disciplinary actions taken by the Board against	3684
holders of licenses with a pain management clinic classification;	3685

(4) Total revenues generated from fees for licenses with a	3686
pain management clinic classification, fines and penalties paid by	3687
license holders, or other disciplinary actions taken against	3688
license holders;	3689

(5) Any other relevant information regarding the	3690
implementation of this act.	3691

(B) On completion of each report, the Board shall submit a	3692
copy of the report to the Governor and, in accordance with section	3693
101.68 of the Revised Code, the General Assembly. In accordance	3694
with that section, the Board shall display the report on the	3695
Board's internet web site.	3696

Section 9. Section 4731.22 of the Revised Code is presented	3697
in this act as a composite of the section as amended by Am. Sub.	3698
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	3699
Assembly. The General Assembly, applying the principle stated in	3700
division (B) of section 1.52 of the Revised Code that amendments	3701
are to be harmonized if reasonably capable of simultaneous	3702
operation, finds that the composite is the resulting version of	3703
the section in effect prior to the effective date of the section	3704
as presented in this act.	3705