As Reported by the House Health and Aging Committee

129th General Assembly Regular Session 2011-2012

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 

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A BILL

To amend sections 3719.08, 4715.30, 4729.01,

1

4729.071, 4729.29, 4729.51, 4729.54, 4729.541,

2

4729.55, 4729.75, 4729.77, 4729.78, 4729.79,

3

4729.80, 4729.81, 4729.82, 4729.83, 4729.99,

4

4731.052, 4731.22, 4731.283, 4776.02, 4776.04, and

5

5111.172; to amend, for the purpose of adopting

6

new section numbers as indicated in parentheses,

7

sections 4729.79 (4729.80), 4729.80 (4729.81),

8

4729.81 (4729.82), 4729.82 (4729.83), 4729.83

9

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

10

section 4729.79 and sections 109.90, 313.212,

11

3719.031, 3793.22, 4121.50, 4715.302, 4723.487,

12

4725.092, 4729.162, 4729.291, 4729.552, 4729.571,

13

4729.69, 4729.86, 4730.53, 4731.054, 4731.055,

14

4731.241, 5111.085, 5111.179, and 5111.1710 of the

15

Revised Code to establish and modify laws

16

regarding the prevention of prescription drug

17

abuse and to declare an emergency.

18

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

Section 1. That sections 3719.08, 4715.30, 4729.01, 4729.071,	19
4729.29, 4729.51, 4729.54, 4729.541, 4729.55, 4729.75, 4729.77,	20
4729.78, 4729.79, 4729.80, 4729.81, 4729.82, 4729.83, 4729.99,	21
4731.052, 4731.22, 4731.283, 4776.02, 4776.04, and 5111.172 be	22
amended; sections 4729.79 (4729.80), 4729.80 (4729.81), 4729.81	23
(4729.82), 4729.82 (4729.83), 4729.83 (4729.84), and 4729.84	24
(4729.85) be amended for the purpose of adopting new section	25
numbers as indicated in parentheses; and new section 4729.79 and	26
sections 109.90, 313.212, 3719.031, 3793.22, 4121.50, 4715.302,	27
4723.487, 4725.092, 4729.162, 4729.291, 4729.552, 4729.571,	28
4729.69, 4729.86, 4730.53, 4731.054, 4731.055, 4731.241, 5111.085,	29
5111.179, and 5111.1710 of the Revised Code be enacted to read as	30
follows:	31

Sec. 109.90. (A) The attorney general shall collaborate with	32
the state board of pharmacy and director of alcohol and drug	33
addiction services in the establishment and administration of a	34
drug take-back program, as provided under section 4729.69 of the	35
Revised Code. The office of the attorney general is solely	36
responsible for the costs incurred in the establishment and	37
administration of the program.	38

(B) The attorney general may accept grants, gifts, or	39
donations for purposes of the program. Money received under this	40
division or section 3793.22 or 4729.69 of the Revised Code shall	41
be deposited into the state treasury to the credit of the drug	42
take-back program fund, which is hereby created. Money credited to	43
the fund shall be used solely for purposes of the program.	44

Sec. 313.212. If the coroner determines that a drug overdose	45
is the cause of death of a person, the coroner may provide a	46
notice of the death to the state medical board. The coroner may	47
include in the notice any information relating to the drug that	48
resulted in the overdose, including the individual authorized	49
under Chapter 4731. of the Revised Code to practice medicine or	50
surgery, osteopathic medicine or surgery, or podiatric medicine or	51
surgery who prescribed the drug to the decedent.	52

Sec. 3719.031. If the state board of pharmacy determines that	53
there is clear and convincing evidence that the method used by a	54
wholesaler of controlled substances licensed under section	55
3719.021 of the Revised Code to distribute controlled substances	56
presents a danger of immediate and serious harm to others, the	57
board may suspend the wholesaler's license without a hearing. The	58
board shall follow the procedure for suspension without a prior	59
hearing in section 119.07 of the Revised Code. The suspension	60
shall remain in effect, unless removed by the board, until the	61
board's final adjudication order becomes effective, except that if	62
the board does not issue its final adjudication order within	63
ninety days after the hearing, the suspension shall be void on the	64
ninety-first day after the suspension.	65

Sec. 3719.08.  (A) Whenever a manufacturer sells a controlled	66
substance, and whenever a wholesaler sells a controlled substance	67
in a package the wholesaler has prepared, the manufacturer or	68
wholesaler shall securely affix to each package in which the	69
controlled substance is contained a label showing in legible	70
English the name and address of the vendor and the quantity, kind,	71
and form of controlled substance contained therein. No person,	72
except a pharmacist for the purpose of dispensing a controlled	73
substance upon a prescription shall alter, deface, or remove any	74
label so affixed.	75

(B) Except as provided in division (C) of this section, when	76
a pharmacist dispenses any controlled substance on a prescription	77
for use by a patient, or supplies a controlled substance to a	78
licensed health professional authorized to prescribe drugs for use	79
by the professional in personally furnishing patients with	80
controlled substances, the pharmacist shall affix to the container	81
in which the controlled substance is dispensed or supplied a label	82
showing the following:	83

(1) The name and address of the pharmacy dispensing or	84
supplying the controlled substance;	85

(2) The name of the patient for whom the controlled substance	86
is prescribed and, if the patient is an animal, the name of the	87
owner and the species of the animal;	88

(3) The name of the prescriber;

89

(4) All directions for use stated on the prescription or	90
provided by the prescriber;	91

(5) The date on which the controlled substance was dispensed	92
or supplied;	93

(6) The name, quantity, and strength of the controlled	94
substance and, if applicable, the name of the distributor or	95
manufacturer.	96

(C) The requirements of division (B) of this section do not	97
apply when a controlled substance is prescribed or supplied for	98
administration to an ultimate user who is institutionalized.	99

(D) A licensed health professional authorized to prescribe	100
drugs who personally furnishes a controlled substance to a patient	101
shall comply with division (B)(A) of section 4729.294729.291 of	102
the Revised Code with respect to labeling and packaging of the	103
controlled substance.	104

(E) No person shall alter, deface, or remove any label	105
affixed pursuant to this section as long as any of the original	106
contents remain.	107

(F) Every label for a schedule II, III, or IV controlled	108
substance shall contain the following warning:	109

"Caution: federal law prohibits the transfer of this drug to	110
any person other than the patient for whom it was prescribed."	111

Sec. 3793.22. (A) The director of alcohol and drug addiction	112
services shall collaborate with the state board of pharmacy and	113
attorney general in the establishment and administration of a drug	114
take-back program, as provided under section 4729.69 of the	115
Revised Code.	116

(B) The department may accept grants, gifts, or donations for	117
purposes of the program. Money received under this division shall	118
be deposited into the drug take-back program fund established	119
under section 109.90 of the Revised Code.	120

Sec. 4121.50. Not later than July 1, 2012, the administrator	121
of workers' compensation shall adopt rules in accordance with	122
Chapter 119. of the Revised Code to implement a coordinated	123
services program for claimants under this chapter or Chapter	124
4123., 4127., or 4131. of the Revised Code who are found to have	125
obtained prescription drugs that were reimbursed pursuant to an	126
order of the administrator or of the industrial commission or by a	127
self-insuring employer but were obtained at a frequency or in an	128
amount that is not medically necessary. The program shall be	129
implemented in a manner that is substantially similar to the	130
coordinated services programs established for the medicaid program	131
under section 5111.085 and 5111.179 of the Revised Code.	132

Sec. 4715.30.  (A) An applicant for or holder of a	133
certificate or license issued under this chapter is subject to	134
disciplinary action by the state dental board for any of the	135
following reasons:	136

(1) Employing or cooperating in fraud or material deception	137
in applying for or obtaining a license or certificate;	138

(2) Obtaining or attempting to obtain money or anything of	139
value by intentional misrepresentation or material deception in	140
the course of practice;	141

(3) Advertising services in a false or misleading manner or	142
violating the board's rules governing time, place, and manner of	143
advertising;	144

(4) Conviction of a misdemeanor committed in the course of	145
practice or of any felony;	146

(5) Engaging in lewd or immoral conduct in connection with	147
the provision of dental services;	148

(6) Selling, prescribing, giving away, or administering drugs	149
for other than legal and legitimate therapeutic purposes, or	150
conviction of violating any law of this state or the federal	151
government regulating the possession, distribution, or use of any	152
drug;	153

(7) Providing or allowing dental hygienists, expanded	154
function dental auxiliaries, or other practitioners of auxiliary	155
dental occupations working under the certificate or license	156
holder's supervision, or a dentist holding a temporary limited	157
continuing education license under division (C) of section 4715.16	158
of the Revised Code working under the certificate or license	159
holder's direct supervision, to provide dental care that departs	160
from or fails to conform to accepted standards for the profession,	161
whether or not injury to a patient results;	162

(8) Inability to practice under accepted standards of the	163
profession because of physical or mental disability, dependence on	164
alcohol or other drugs, or excessive use of alcohol or other	165
drugs;	166

(9) Violation of any provision of this chapter or any rule	167
adopted thereunder;	168

(10) Failure to use universal blood and body fluid	169
precautions established by rules adopted under section 4715.03 of	170
the Revised Code;	171

(11) Waiving the payment of all or any part of a deductible	172
or copayment that a patient, pursuant to a health insurance or	173
health care policy, contract, or plan that covers dental services,	174
would otherwise be required to pay if the waiver is used as an	175
enticement to a patient or group of patients to receive health	176
care services from that provider.;	177

(12) Advertising that the certificate or license holder will	178
waive the payment of all or any part of a deductible or copayment	179
that a patient, pursuant to a health insurance or health care	180
policy, contract, or plan that covers dental services, would	181
otherwise be required to pay;	182

(13) Failure to comply with section 4729.79 of the Revised	183
Code, unless the state board of pharmacy no longer maintains a	184
drug database pursuant to section 4729.75 of the Revised Code.	185

(B) A manager, proprietor, operator, or conductor of a dental	186
facility shall be subject to disciplinary action if any dentist,	187
dental hygienist, expanded function dental auxiliary, or qualified	188
personnel providing services in the facility is found to have	189
committed a violation listed in division (A) of this section and	190
the manager, proprietor, operator, or conductor knew of the	191
violation and permitted it to occur on a recurring basis.	192

(C) Subject to Chapter 119. of the Revised Code, the board	193
may take one or more of the following disciplinary actions if one	194
or more of the grounds for discipline listed in divisions (A) and	195
(B) of this section exist:	196

(1) Censure the license or certificate holder;

197

(2) Place the license or certificate on probationary status	198
for such period of time the board determines necessary and require	199
the holder to:	200

(a) Report regularly to the board upon the matters which are	201
the basis of probation;	202

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

203

(c) Continue or renew professional education until a	204
satisfactory degree of knowledge or clinical competency has been	205
attained in specified areas.	206

(3) Suspend the certificate or license;

207

(4) Revoke the certificate or license.

208

Where the board places a holder of a license or certificate	209
on probationary status pursuant to division (C)(2) of this	210
section, the board may subsequently suspend or revoke the license	211
or certificate if it determines that the holder has not met the	212
requirements of the probation or continues to engage in activities	213
that constitute grounds for discipline pursuant to division (A) or	214
(B) of this section.	215

Any order suspending a license or certificate shall state the	216
conditions under which the license or certificate will be	217
restored, which may include a conditional restoration during which	218
time the holder is in a probationary status pursuant to division	219
(C)(2) of this section. The board shall restore the license or	220
certificate unconditionally when such conditions are met.	221

(D) If the physical or mental condition of an applicant or a	222
license or certificate holder is at issue in a disciplinary	223
proceeding, the board may order the license or certificate holder	224
to submit to reasonable examinations by an individual designated	225
or approved by the board and at the board's expense. The physical	226
examination may be conducted by any individual authorized by the	227
Revised Code to do so, including a physician assistant, a clinical	228
nurse specialist, a certified nurse practitioner, or a certified	229
nurse-midwife. Any written documentation of the physical	230
examination shall be completed by the individual who conducted the	231
examination.	232

Failure to comply with an order for an examination shall be	233
grounds for refusal of a license or certificate or summary	234
suspension of a license or certificate under division (E) of this	235
section.	236

(E) If the board has reason to believe that a license or	237
certificate holder represents a clear and immediate danger to the	238
public health and safety if the holder is allowed to continue to	239
practice, or if the holder has failed to comply with an order	240
under division (D) of this section, the board may apply to the	241
court of common pleas of the county in which the holder resides	242
for an order temporarily suspending the holder's license or	243
certificate, without a prior hearing being afforded by the board,	244
until the board conducts an adjudication hearing pursuant to	245
Chapter 119. of the Revised Code. If the court temporarily	246
suspends a holder's license or certificate, the board shall give	247
written notice of the suspension personally or by certified mail	248
to the license or certificate holder. Such notice shall include	249
specific facts and reasons for finding a clear and immediate	250
danger to the public health and safety and shall inform the	251
license or certificate holder of the right to a hearing pursuant	252
to Chapter 119. of the Revised Code.	253

(F) Any holder of a certificate or license issued under this	254
chapter who has pleaded guilty to, has been convicted of, or has	255
had a judicial finding of eligibility for intervention in lieu of	256
conviction entered against the holder in this state for aggravated	257
murder, murder, voluntary manslaughter, felonious assault,	258
kidnapping, rape, sexual battery, gross sexual imposition,	259
aggravated arson, aggravated robbery, or aggravated burglary, or	260
who has pleaded guilty to, has been convicted of, or has had a	261
judicial finding of eligibility for treatment or intervention in	262
lieu of conviction entered against the holder in another	263
jurisdiction for any substantially equivalent criminal offense, is	264
automatically suspended from practice under this chapter in this	265
state and any certificate or license issued to the holder under	266
this chapter is automatically suspended, as of the date of the	267
guilty plea, conviction, or judicial finding, whether the	268
proceedings are brought in this state or another jurisdiction.	269
Continued practice by an individual after the suspension of the	270
individual's certificate or license under this division shall be	271
considered practicing without a certificate or license. The board	272
shall notify the suspended individual of the suspension of the	273
individual's certificate or license under this division by	274
certified mail or in person in accordance with section 119.07 of	275
the Revised Code. If an individual whose certificate or license is	276
suspended under this division fails to make a timely request for	277
an adjudicatory hearing, the board shall enter a final order	278
revoking the individual's certificate or license.	279

(G) Notwithstanding divisions (A)(11) and (12) of this	280
section, sanctions shall not be imposed against any licensee who	281
waives deductibles and copayments:	282

(1) In compliance with the health benefit plan that expressly	283
allows such a practice. Waiver of the deductibles or copayments	284
shall be made only with the full knowledge and consent of the plan	285
purchaser, payer, and third-party administrator. Such consent	286
shall be made available to the board upon request.	287

(2) For professional services rendered to any other person	288
licensed pursuant to this chapter to the extent allowed by this	289
chapter and the rules of the board.	290

(H) In no event shall the board consider or raise during a	291
hearing required by Chapter 119. of the Revised Code the	292
circumstances of, or the fact that the board has received, one or	293
more complaints about a person unless the one or more complaints	294
are the subject of the hearing or resulted in the board taking an	295
action authorized by this section against the person on a prior	296
occasion.	297

Sec. 4715.302. (A) As used in this section, "drug database"	298
means the database established and maintained by the state board	299
of pharmacy pursuant to section 4729.75 of the Revised Code.	300

(B) The state dental board shall adopt rules in accordance	301
with Chapter 119. of the Revised Code that establish standards and	302
procedures to be followed by a dentist regarding the review of	303
patient information available through the drug database.	304

(C) This section and the rules adopted under it do not apply	305
if the state board of pharmacy no longer maintains the drug	306
database.	307

Sec. 4723.487. (A) As used in this section, "drug database"	308
means the database established and maintained by the state board	309
of pharmacy pursuant to section 4729.75 of the Revised Code.	310

(B) The board of nursing shall adopt rules in accordance with	311
Chapter 119. of the Revised Code that establish standards and	312
procedures to be followed by an advanced practice nurse with a	313
certificate to prescribe issued under section 4723.48 of the	314
Revised Code regarding the review of patient information available	315
through the drug database.	316

(C) This section and the rules adopted under it do not apply	317
if the state board of pharmacy no longer maintains the drug	318
database.	319

Sec. 4725.092. (A) As used in this section, "drug database"	320
means the database established and maintained by the state board	321
of pharmacy pursuant to section 4729.75 of the Revised Code.	322

(B) The state board of optometry shall adopt rules in	323
accordance with Chapter 119. of the Revised Code that establish	324
standards and procedures to be followed by an optometrist who	325
holds a therapeutic pharmaceutical agents certificate regarding	326
the review of patient information available through the drug	327
database.	328

(C) This section and the rules adopted under it do not apply	329
if the state board of pharmacy no longer maintains the drug	330
database.	331

Sec. 4729.01. As used in this chapter:

332

(A) "Pharmacy," except when used in a context that refers to	333
the practice of pharmacy, means any area, room, rooms, place of	334
business, department, or portion of any of the foregoing where the	335
practice of pharmacy is conducted.	336

(B) "Practice of pharmacy" means providing pharmacist care	337
requiring specialized knowledge, judgment, and skill derived from	338
the principles of biological, chemical, behavioral, social,	339
pharmaceutical, and clinical sciences. As used in this division,	340
"pharmacist care" includes the following:	341

(1) Interpreting prescriptions;

342

(2) Dispensing drugs and drug therapy related devices;

343

(3) Compounding drugs;

344

(4) Counseling individuals with regard to their drug therapy,	345
recommending drug therapy related devices, and assisting in the	346
selection of drugs and appliances for treatment of common diseases	347
and injuries and providing instruction in the proper use of the	348
drugs and appliances;	349

(5) Performing drug regimen reviews with individuals by	350
discussing all of the drugs that the individual is taking and	351
explaining the interactions of the drugs;	352

(6) Performing drug utilization reviews with licensed health	353
professionals authorized to prescribe drugs when the pharmacist	354
determines that an individual with a prescription has a drug	355
regimen that warrants additional discussion with the prescriber;	356

(7) Advising an individual and the health care professionals	357
treating an individual with regard to the individual's drug	358
therapy;	359

(8) Acting pursuant to a consult agreement with a physician	360
authorized under Chapter 4731. of the Revised Code to practice	361
medicine and surgery or osteopathic medicine and surgery, if an	362
agreement has been established with the physician;	363

(9) Engaging in the administration of immunizations to the	364
extent authorized by section 4729.41 of the Revised Code.	365

(C) "Compounding" means the preparation, mixing, assembling,	366
packaging, and labeling of one or more drugs in any of the	367
following circumstances:	368

(1) Pursuant to a prescription issued by a licensed health	369
professional authorized to prescribe drugs;	370

(2) Pursuant to the modification of a prescription made in	371
accordance with a consult agreement;	372

(3) As an incident to research, teaching activities, or	373
chemical analysis;	374

(4) In anticipation of orders for drugs pursuant to	375
prescriptions, based on routine, regularly observed dispensing	376
patterns;	377

(5) Pursuant to a request made by a licensed health	378
professional authorized to prescribe drugs for a drug that is to	379
be used by the professional for the purpose of direct	380
administration to patients in the course of the professional's	381
practice, if all of the following apply:	382

(a) At the time the request is made, the drug is not	383
commercially available regardless of the reason that the drug is	384
not available, including the absence of a manufacturer for the	385
drug or the lack of a readily available supply of the drug from a	386
manufacturer.	387

(b) A limited quantity of the drug is compounded and provided	388
to the professional.	389

(c) The drug is compounded and provided to the professional	390
as an occasional exception to the normal practice of dispensing	391
drugs pursuant to patient-specific prescriptions.	392

(D) "Consult agreement" means an agreement to manage an	393
individual's drug therapy that has been entered into by a	394
pharmacist and a physician authorized under Chapter 4731. of the	395
Revised Code to practice medicine and surgery or osteopathic	396
medicine and surgery.	397

(E) "Drug" means:

398

(1) Any article recognized in the United States pharmacopoeia	399
and national formulary, or any supplement to them, intended for	400
use in the diagnosis, cure, mitigation, treatment, or prevention	401
of disease in humans or animals;	402

(2) Any other article intended for use in the diagnosis,	403
cure, mitigation, treatment, or prevention of disease in humans or	404
animals;	405

(3) Any article, other than food, intended to affect the	406
structure or any function of the body of humans or animals;	407

(4) Any article intended for use as a component of any	408
article specified in division (E)(1), (2), or (3) of this section;	409
but does not include devices or their components, parts, or	410
accessories.	411

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

412

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

413

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	414
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	415
required to bear a label containing the legend "Caution: Federal	416
law prohibits dispensing without prescription" or "Caution:	417
Federal law restricts this drug to use by or on the order of a	418
licensed veterinarian" or any similar restrictive statement, or	419
the drug may be dispensed only upon a prescription;	420

(b) Under Chapter 3715. or 3719. of the Revised Code, the	421
drug may be dispensed only upon a prescription.	422

(2) Any drug that contains a schedule V controlled substance	423
and that is exempt from Chapter 3719. of the Revised Code or to	424
which that chapter does not apply;	425

(3) Any drug intended for administration by injection into	426
the human body other than through a natural orifice of the human	427
body.	428

(G) "Federal drug abuse control laws" has the same meaning as	429
in section 3719.01 of the Revised Code.	430

(H) "Prescription" means a written, electronic, or oral order	431
for drugs or combinations or mixtures of drugs to be used by a	432
particular individual or for treating a particular animal, issued	433
by a licensed health professional authorized to prescribe drugs.	434

(I) "Licensed health professional authorized to prescribe	435
drugs" or "prescriber" means an individual who is authorized by	436
law to prescribe drugs or dangerous drugs or drug therapy related	437
devices in the course of the individual's professional practice,	438
including only the following:	439

(1) A dentist licensed under Chapter 4715. of the Revised	440
Code;	441

(2) A clinical nurse specialist, certified nurse-midwife, or	442
certified nurse practitioner who holds a certificate to prescribe	443
issued under section 4723.48 of the Revised Code;	444

(3) An optometrist licensed under Chapter 4725. of the	445
Revised Code to practice optometry under a therapeutic	446
pharmaceutical agents certificate;	447

(4) A physician authorized under Chapter 4731. of the Revised	448
Code to practice medicine and surgery, osteopathic medicine and	449
surgery, or podiatrypodiatric medicine and surgery;	450

(5) A physician assistant who holds a certificate to	451
prescribe issued under Chapter 4730. of the Revised Code;	452

(6) A veterinarian licensed under Chapter 4741. of the	453
Revised Code.	454

(J) "Sale" and "sell" include delivery, transfer, barter,	455
exchange, or gift, or offer therefor, and each such transaction	456
made by any person, whether as principal proprietor, agent, or	457
employee.	458

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	459
which the purpose of the purchaser is to resell the article	460
purchased or received by the purchaser.	461

(L) "Retail sale" and "sale at retail" mean any sale other	462
than a wholesale sale or sale at wholesale.	463

(M) "Retail seller" means any person that sells any dangerous	464
drug to consumers without assuming control over and responsibility	465
for its administration. Mere advice or instructions regarding	466
administration do not constitute control or establish	467
responsibility.	468

(N) "Price information" means the price charged for a	469
prescription for a particular drug product and, in an easily	470
understandable manner, all of the following:	471

(1) The proprietary name of the drug product;

472

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

473

(3) The strength of the drug product if the product contains	474
a single active ingredient or if the drug product contains more	475
than one active ingredient and a relevant strength can be	476
associated with the product without indicating each active	477
ingredient. The established name and quantity of each active	478
ingredient are required if such a relevant strength cannot be so	479
associated with a drug product containing more than one	480
ingredient.	481

(4) The dosage form;

482

(5) The price charged for a specific quantity of the drug	483
product. The stated price shall include all charges to the	484
consumer, including, but not limited to, the cost of the drug	485
product, professional fees, handling fees, if any, and a statement	486
identifying professional services routinely furnished by the	487
pharmacy. Any mailing fees and delivery fees may be stated	488
separately without repetition. The information shall not be false	489
or misleading.	490

(O) "Wholesale distributor of dangerous drugs" means a person	491
engaged in the sale of dangerous drugs at wholesale and includes	492
any agent or employee of such a person authorized by the person to	493
engage in the sale of dangerous drugs at wholesale.	494

(P) "Manufacturer of dangerous drugs" means a person, other	495
than a pharmacist, who manufactures dangerous drugs and who is	496
engaged in the sale of those dangerous drugs within this state.	497

(Q) "Terminal distributor of dangerous drugs" means a person	498
who is engaged in the sale of dangerous drugs at retail, or any	499
person, other than a wholesale distributor or a pharmacist, who	500
has possession, custody, or control of dangerous drugs for any	501
purpose other than for that person's own use and consumption, and	502
includes pharmacies, hospitals, nursing homes, and laboratories	503
and all other persons who procure dangerous drugs for sale or	504
other distribution by or under the supervision of a pharmacist or	505
licensed health professional authorized to prescribe drugs.	506

(R) "Promote to the public" means disseminating a	507
representation to the public in any manner or by any means, other	508
than by labeling, for the purpose of inducing, or that is likely	509
to induce, directly or indirectly, the purchase of a dangerous	510
drug at retail.	511

(S) "Person" includes any individual, partnership,	512
association, limited liability company, or corporation, the state,	513
any political subdivision of the state, and any district,	514
department, or agency of the state or its political subdivisions.	515

(T) "Finished dosage form" has the same meaning as in section	516
3715.01 of the Revised Code.	517

(U) "Generically equivalent drug" has the same meaning as in	518
section 3715.01 of the Revised Code.	519

(V) "Animal shelter" means a facility operated by a humane	520
society or any society organized under Chapter 1717. of the	521
Revised Code or a dog pound operated pursuant to Chapter 955. of	522
the Revised Code.	523

(W) "Food" has the same meaning as in section 3715.01 of the	524
Revised Code.	525

(X) "Pain management clinic" has the same meaning as in	526
section 4731.054 of the Revised Code.	527

Sec. 4729.071.  (A) As used in this section, "license" and	528
"applicant for an initial license" have the same meanings as in	529
section 4776.01 of the Revised Code, except that "license" as used	530
in both of those terms refers to the types of authorizations	531
otherwise issued or conferred under this chapter.	532

(B) In addition to any other eligibility requirement set	533
forth in this chapter, each applicant for an initial license shall	534
comply with sections 4776.01 to 4776.04 of the Revised Code. The	535
state board of pharmacy shall not grant a license to an applicant	536
for an initial license unless the applicant complies with sections	537
4776.01 to 4776.04 of the Revised Code and the board, in its	538
discretion, decides that the results of the criminal records check	539
do not make the applicant ineligible for a license issued pursuant	540
to section 4729.08, 4729.09, or 4729.11, or 4729.552 of the	541
Revised Code.	542

Sec. 4729.162. (A) As used in this section, "drug database"	543
means the database established and maintained by the state board	544
of pharmacy pursuant to section 4729.75 of the Revised Code.	545

(B) The state board of pharmacy shall adopt rules in	546
accordance with Chapter 119. of the Revised Code that establish	547
standards and procedures to be followed by a pharmacist regarding	548
the review of patient information available through the drug	549
database.	550

(C) This section and the rules adopted under it do not apply	551
if the board no longer maintains the drug database.	552

Sec. 4729.29. (A) Divisions (A) and (B) of section 4729.01	553
and section 4729.28 of the Revised Code do not do eitherany of	554
the following:	555

(1)(A) Apply to a licensed health professional authorized to	556
prescribe drugs or preventwho is acting within the prescriber's	557
scope of professional practice;	558

(B) Prevent a prescriber from personally furnishing the	559
prescriber's patients with drugs, within the prescriber's scope of	560
professional practice, that seem proper to the prescriber., as	561
long as the drugs are furnished in accordance with section	562
4729.291 of the Revised Code;	563

(2)(C) Apply to the sale of oxygen, peritoneal dialysis	564
solutions, or the sale of drugs that are not dangerous drugs by a	565
retail dealer, in original packages when labeled as required by	566
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	567
21 U.S.C.A. 301, as amended.	568

(B) When a prescriber personally furnishes drugs to a patient	569
pursuant to division (A)(1) of this section, the prescriber shall	570
ensure that the drugs are labeled and packaged in accordance with	571
state and federal drug laws and any rules and regulations adopted	572
pursuant to those laws. Records of purchase and disposition of all	573
drugs personally furnished to patients shall be maintained by the	574
prescriber in accordance with state and federal drug statutes and	575
any rules adopted pursuant to those statutes.	576

When personally furnishing to a patient RU-486	577
(mifepristone), a prescriber is subject to section 2919.123 of the	578
Revised Code. A prescription for RU-486 (mifepristone) shall be in	579
writing and in accordance with section 2919.123 of the Revised	580
Code.	581

Sec. 4729.291.  (A) When a licensed health professional	582
authorized to prescribe drugs personally furnishes drugs to a	583
patient pursuant to division (B) of section 4729.29 of the Revised	584
Code, the prescriber shall ensure that the drugs are labeled and	585
packaged in accordance with state and federal drug laws and any	586
rules and regulations adopted pursuant to those laws. Records of	587
purchase and disposition of all drugs personally furnished to	588
patients shall be maintained by the prescriber in accordance with	589
state and federal drug statutes and any rules adopted pursuant to	590
those statutes.	591

(B) When personally furnishing to a patient RU-486	592
(mifepristone), a prescriber is subject to section 2919.123 of the	593
Revised Code. A prescription for RU-486 (mifepristone) shall be in	594
writing and in accordance with section 2919.123 of the Revised	595
Code.	596

(C)(1) Except as provided in division (C)(2) of this section,	597
a prescriber may not do either of the following:	598

(a) In any thirty-day period, personally furnish to all	599
patients, taken as a whole, controlled substances in an amount	600
that exceeds a total of two thousand five hundred dosage units;	601

(b) In any seventy-two-hour period, personally furnish to or	602
for a patient an amount of a controlled substance that exceeds the	603
amount necessary for the patient's use in a seventy-two-hour	604
period.	605

(2) Division (C)(1) of this section does not apply to either	606
of the following:	607

(a) A veterinarian;

608

(b) The amount of any methadone personally furnished to a	609
patient by a prescriber for the purpose of treating drug	610
addiction.	611

(3) The state board of pharmacy may impose a fine of not more	612
than five thousand dollars on a prescriber who fails to comply	613
with the limits established under division (C)(1) of this section.	614
A separate fine may be imposed for each instance of failing to	615
comply with the limits. In imposing the fine, the board's actions	616
shall be taken in accordance with Chapter 119. of the Revised	617
Code.	618

Sec. 4729.51.  (A) No person other than a registered	619
wholesale distributor of dangerous drugs shall possess for sale,	620
sell, distribute, or deliver, at wholesale, dangerous drugs,	621
except as follows:	622

(1) A pharmacist who is a licensed terminal distributor of	623
dangerous drugs or who is employed by a licensed terminal	624
distributor of dangerous drugs may make occasional sales of	625
dangerous drugs at wholesale;	626

(2) A licensed terminal distributor of dangerous drugs having	627
more than one establishment or place may transfer or deliver	628
dangerous drugs from one establishment or place for which a	629
license has been issued to the terminal distributor to another	630
establishment or place for which a license has been issued to the	631
terminal distributor if the license issued for each establishment	632
or place is in effect at the time of the transfer or delivery.	633

(B)(1) No registered wholesale distributor of dangerous drugs	634
shall possess for sale, or sell, at wholesale, dangerous drugs to	635
any person other than the following:	636

(a) AExcept as provided in division (B)(3) of this section,	637
a licensed health professional authorized to prescribe drugs;	638

(b) An optometrist licensed under Chapter 4725. of the	639
Revised Code who holds a topical ocular pharmaceutical agents	640
certificate;	641

(c) A registered wholesale distributor of dangerous drugs;

642

(d) A manufacturer of dangerous drugs;

643

(e) ASubject to division (B)(3) of this section, a licensed	644
terminal distributor of dangerous drugs, subject to division	645
(B)(2) of this section;	646

(f) Carriers or warehousers for the purpose of carriage or	647
storage;	648

(g) Terminal or wholesale distributors of dangerous drugs who	649
are not engaged in the sale of dangerous drugs within this state;	650

(h) An individual who holds a current license, certificate,	651
or registration issued under Title 47 of the Revised Code and has	652
been certified to conduct diabetes education by a national	653
certifying body specified in rules adopted by the state board of	654
pharmacy under section 4729.68 of the Revised Code, but only with	655
respect to insulin that will be used for the purpose of diabetes	656
education and only if diabetes education is within the	657
individual's scope of practice under statutes and rules regulating	658
the individual's profession;	659

(i) An individual who holds a valid certificate issued by a	660
nationally recognized S.C.U.B.A. diving certifying organization	661
approved by the state board of pharmacy board in rule, but only	662
with respect to medical oxygen that will be used for the purpose	663
of emergency care or treatment at the scene of a diving emergency;	664

(j) AExcept as provided in division (B)(2) of this section,	665
a business entity that is a corporation formed under division (B)	666
of section 1701.03 of the Revised Code, a limited liability	667
company formed under Chapter 1705. of the Revised Code, or a	668
professional association formed under Chapter 1785. of the Revised	669
Code if the entity has a sole shareholder who is a licensed health	670
professional authorized to prescribe drugs and is authorized to	671
provide the professional services being offered by the entity;	672

(k) AExcept as provided in division (B)(2) of this section,	673
a business entity that is a corporation formed under division (B)	674
of section 1701.03 of the Revised Code, a limited liability	675
company formed under Chapter 1705. of the Revised Code, a	676
partnership or a limited liability partnership formed under	677
Chapter 1775. of the Revised Code, or a professional association	678
formed under Chapter 1785. of the Revised Code, if, to be a	679
shareholder, member, or partner, an individual is required to be	680
licensed, certified, or otherwise legally authorized under Title	681
XLVII of the Revised Code to perform the professional service	682
provided by the entity and each such individual is a licensed	683
health professional authorized to prescribe drugs.	684

(2) No registered wholesaler of dangerous drugs shall possess	685
for sale, or sell, at wholesale, dangerous drugs to any of the	686
following:	687

(a) A prescriber who is employed by a pain management clinic	688
that is not licensed as a terminal distributor of dangerous drugs	689
with a pain management clinic classification issued under section	690
4729.552 of the Revised Code;	691

(b) A business entity described in division (B)(1)(j) of this	692
section that is, or is operating, a pain management clinic without	693
a license as a terminal distributor of dangerous drugs with a pain	694
management clinic classification issued under section 4729.552 of	695
the Revised Code;	696

(c) A business entity described in division (B)(1)(k) of this	697
section that is, or is operating, a pain management clinic without	698
a license as a terminal distributor of dangerous drugs with a pain	699
management clinic classification issued under section 4729.552 of	700
the Revised Code.	701

(3) No registered wholesale distributor of dangerous drugs	702
shall possess dangerous drugs for sale at wholesale, or sell such	703
drugs at wholesale, to a licensed terminal distributor of	704
dangerous drugs, except toas follows:	705

(a) AIn the case of a terminal distributor who haswith a	706
category I license, only dangerous drugs described in category I,	707
as defined in division (A)(1) of section 4729.54 of the Revised	708
Code;	709

(b) AIn the case of a terminal distributor who haswith a	710
category II license, only dangerous drugs described in category I	711
and category II, as defined in divisions (A)(1) and (2) of section	712
4729.54 of the Revised Code;	713

(c) AIn the case of a terminal distributor who haswith a	714
category III license, dangerous drugs described in category I,	715
category II, and category III, as defined in divisions (A)(1),	716
(2), and (3) of section 4729.54 of the Revised Code;	717

(d) AIn the case of a terminal distributor who haswith a	718
limited category I, II, or III license, only the dangerous drugs	719
specified in the certificate furnished by the terminal distributor	720
in accordance with section 4729.60 of the Revised Code.	721

(C)(1) Except as provided in division (C)(4) of this section,	722
no person shall sell, at retail, dangerous drugs.	723

(2) Except as provided in division (C)(4) of this section, no	724
person shall possess for sale, at retail, dangerous drugs.	725

(3) Except as provided in division (C)(4) of this section, no	726
person shall possess dangerous drugs.	727

(4) Divisions (C)(1), (2), and (3) of this section do not	728
apply to a registered wholesale distributor of dangerous drugs, a	729
licensed terminal distributor of dangerous drugs, or a person who	730
possesses, or possesses for sale or sells, at retail, a dangerous	731
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	732
4729., 4730., 4731., and 4741. of the Revised Code.	733

Divisions (C)(1), (2), and (3) of this section do not apply	734
to an individual who holds a current license, certificate, or	735
registration issued under Title XLVII of the Revised Code and has	736
been certified to conduct diabetes education by a national	737
certifying body specified in rules adopted by the state board of	738
pharmacy under section 4729.68 of the Revised Code, but only to	739
the extent that the individual possesses insulin or personally	740
supplies insulin solely for the purpose of diabetes education and	741
only if diabetes education is within the individual's scope of	742
practice under statutes and rules regulating the individual's	743
profession.	744

Divisions (C)(1), (2), and (3) of this section do not apply	745
to an individual who holds a valid certificate issued by a	746
nationally recognized S.C.U.B.A. diving certifying organization	747
approved by the state board of pharmacy board in rule, but only to	748
the extent that the individual possesses medical oxygen or	749
personally supplies medical oxygen for the purpose of emergency	750
care or treatment at the scene of a diving emergency.	751

(D) No licensed terminal distributor of dangerous drugs shall	752
purchase for the purpose of resale dangerous drugs from any person	753
other than a registered wholesale distributor of dangerous drugs,	754
except as follows:	755

(1) A licensed terminal distributor of dangerous drugs may	756
make occasional purchases of dangerous drugs for resale from a	757
pharmacist who is a licensed terminal distributor of dangerous	758
drugs or who is employed by a licensed terminal distributor of	759
dangerous drugs;	760

(2) A licensed terminal distributor of dangerous drugs having	761
more than one establishment or place may transfer or receive	762
dangerous drugs from one establishment or place for which a	763
license has been issued to the terminal distributor to another	764
establishment or place for which a license has been issued to the	765
terminal distributor if the license issued for each establishment	766
or place is in effect at the time of the transfer or receipt.	767

(E) No licensed terminal distributor of dangerous drugs shall	768
engage in the sale or other distribution of dangerous drugs at	769
retail or maintain possession, custody, or control of dangerous	770
drugs for any purpose other than the distributor's personal use or	771
consumption, at any establishment or place other than that or	772
those described in the license issued by the state board of	773
pharmacy to such terminal distributor.	774

(F) Nothing in this section shall be construed to interfere	775
with the performance of official duties by any law enforcement	776
official authorized by municipal, county, state, or federal law to	777
collect samples of any drug, regardless of its nature or in whose	778
possession it may be.	779

Sec. 4729.54.  (A) As used in this section and section	780
4729.541 of the Revised Code:	781

(1) "Category I" means single-dose injections of intravenous	782
fluids, including saline, Ringer's lactate, five per cent dextrose	783
and distilled water, and other intravenous fluids or parenteral	784
solutions included in this category by rule of the state board of	785
pharmacy, that have a volume of one hundred milliliters or more	786
and that contain no added substances, or single-dose injections of	787
epinephrine to be administered pursuant to sections 4765.38 and	788
4765.39 of the Revised Code.	789

(2) "Category II" means any dangerous drug that is not	790
included in category I or III.	791

(3) "Category III" means any controlled substance that is	792
contained in schedule I, II, III, IV, or V.	793

(4) "Emergency medical service organization" has the same	794
meaning as in section 4765.01 of the Revised Code.	795

(5) "Person" includes an emergency medical service	796
organization.	797

(6) "Schedule I, schedule II, schedule III, schedule IV, and	798
schedule V" mean controlled substance schedules I, II, III, IV,	799
and V, respectively, as established pursuant to section 3719.41 of	800
the Revised Code and as amended.	801

(B)(1) A person who desires to be licensed as a terminal	802
distributor of dangerous drugs shall file with the executive	803
director of the state board of pharmacy a verified application	804
that contains. After it is filed, the application may not be	805
withdrawn without approval of the board.	806

(2) An application shall contain all the following that apply	807
in the applicant's case:	808

(1)(a) Information that the board requires relative to the	809
qualifications of a terminal distributor of dangerous drugs set	810
forth in section 4729.55 of the Revised Code;	811

(2)(b) A statement that the person wishes to be licensed as a	812
category I, category II, category III, limited category I, limited	813
category II, or limited category III terminal distributor of	814
dangerous drugs;	815

(3)(c) If the person wishes to be licensed as a limited	816
category I, limited category II, or limited category III terminal	817
distributor of dangerous drugs, a notarized list of the dangerous	818
drugs that the person wishes to possess, have custody or control	819
of, and distribute, which list shall also specify the purpose for	820
which those drugs will be used and their source;	821

(4)(d) If the person is an emergency medical service	822
organization, the information that is specified in division (C)(1)	823
of this section;	824

(5)(e) Except for an emergency medical service organization,	825
the identity of the one establishment or place at which the person	826
intends to engage in the sale or other distribution of dangerous	827
drugs at retail, and maintain possession, custody, or control of	828
dangerous drugs for purposes other than the person's own use or	829
consumption;	830

(f) If the application pertains to a pain management clinic,	831
information that demonstrates, to the satisfaction of the board,	832
compliance with division (A) of section 4729.552 of the Revised	833
Code.	834

(C)(1) An emergency medical service organization that wishes	835
to be licensed as a terminal distributor of dangerous drugs shall	836
list in its application for licensure the following additional	837
information:	838

(a) The units under its control that the organization	839
determines will possess dangerous drugs for the purpose of	840
administering emergency medical services in accordance with	841
Chapter 4765. of the Revised Code;	842

(b) With respect to each such unit, whether the dangerous	843
drugs that the organization determines the unit will possess are	844
in category I, II, or III.	845

(2) An emergency medical service organization that is	846
licensed as a terminal distributor of dangerous drugs shall file a	847
new application for such licensure if there is any change in the	848
number, or location of, any of its units or any change in the	849
category of the dangerous drugs that any unit will possess.	850

(3) A unit listed in an application for licensure pursuant to	851
division (C)(1) of this section may obtain the dangerous drugs it	852
is authorized to possess from its emergency medical service	853
organization or, on a replacement basis, from a hospital pharmacy.	854
If units will obtain dangerous drugs from a hospital pharmacy, the	855
organization shall file, and maintain in current form, the	856
following items with the pharmacist who is responsible for the	857
hospital's terminal distributor of dangerous drugs license:	858

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

859

(b) A list of the personnel employed or used by the	860
organization to provide emergency medical services in accordance	861
with Chapter 4765. of the Revised Code, who are authorized to	862
possess the drugs, which list also shall indicate the personnel	863
who are authorized to administer the drugs.	864

(D) Each emergency medical service organization that applies	865
for a terminal distributor of dangerous drugs license shall submit	866
with its application the following:	867

(1) A notarized copy of its standing orders or protocol,	868
which orders or protocol shall be signed by a physician and	869
specify the dangerous drugs that its units may carry, expressed in	870
standard dose units;	871

(2) A list of the personnel employed or used by the	872
organization to provide emergency medical services in accordance	873
with Chapter 4765. of the Revised Code.	874

An emergency medical service organization that is licensed as	875
a terminal distributor shall notify the board immediately of any	876
changes in its standing orders or protocol.	877

(E) There shall be six categories of terminal distributor of	878
dangerous drugs licenses, which categories shall be as follows:	879

(1) Category I license. A person who obtains this license may	880
possess, have custody or control of, and distribute only the	881
dangerous drugs described in category I.	882

(2) Limited category I license. A person who obtains this	883
license may possess, have custody or control of, and distribute	884
only the dangerous drugs described in category I that were listed	885
in the application for licensure.	886

(3) Category II license. A person who obtains this license	887
may possess, have custody or control of, and distribute only the	888
dangerous drugs described in category I and category II.	889

(4) Limited category II license. A person who obtains this	890
license may possess, have custody or control of, and distribute	891
only the dangerous drugs described in category I or category II	892
that were listed in the application for licensure.	893

(5) Category III license, which may include a pain management	894
clinic classification issued under section 4729.552 of the Revised	895
Code. A person who obtains this license may possess, have custody	896
or control of, and distribute the dangerous drugs described in	897
category I, category II, and category III. If the license includes	898
a pain management clinic classification, the person may operate a	899
pain management clinic.	900

(6) Limited category III license. A person who obtains this	901
license may possess, have custody or control of, and distribute	902
only the dangerous drugs described in category I, category II, or	903
category III that were listed in the application for licensure.	904

(F) Except for an application made on behalf of an animal	905
shelter, if an applicant for licensure as a limited category I,	906
II, or III terminal distributor of dangerous drugs intends to	907
administer dangerous drugs to a person or animal, the applicant	908
shall submit, with the application, a notarized copy of its	909
protocol or standing orders, which protocol or orders shall be	910
signed by a licensed health professional authorized to prescribe	911
drugs, specify the dangerous drugs to be administered, and list	912
personnel who are authorized to administer the dangerous drugs in	913
accordance with federal law or the law of this state. An	914
application made on behalf of an animal shelter shall include a	915
notarized list of the dangerous drugs to be administered to	916
animals and the personnel who are authorized to administer the	917
drugs to animals in accordance with section 4729.532 of the	918
Revised Code. After obtaining a terminal distributor license, a	919
licensee shall notify the board immediately of any changes in its	920
protocol or standing orders, or in such personnel.	921

(G)(1) Except as provided in division (G)(2) of this section,	922
each applicant for licensure as a terminal distributor of	923
dangerous drugs shall submit, with the application, a license fee	924
determined as follows:	925

(a) For a category I or limited category I license,	926
forty-five dollars;	927

(b) For a category II or limited category II license, one	928
hundred twelve dollars and fifty cents;	929

(c) For a category III license, including a license with a	930
pain management clinic classification issued under section	931
4729.552 of the Revised Code, or a limited category III license,	932
one hundred fifty dollars.	933

(2) For a professional association, corporation, partnership,	934
or limited liability company organized for the purpose of	935
practicing veterinary medicine, the fee shall be forty dollars.	936

(3) Fees assessed under divisions (G)(1) and (2) of this	937
section shall not be returned if the applicant fails to qualify	938
for registration.	939

(H)(1) The board shall issue a terminal distributor of	940
dangerous drugs license to each person who submits an application	941
for such licensure in accordance with this section, pays the	942
required license fee, is determined by the board to meet the	943
requirements set forth in section 4729.55 of the Revised Code, and	944
satisfies any other applicable requirements of this section.	945

(2) The license of a person other than an emergency medical	946
service organization shall describe the one establishment or place	947
at which the licensee may engage in the sale or other distribution	948
of dangerous drugs at retail and maintain possession, custody, or	949
control of dangerous drugs for purposes other than the licensee's	950
own use or consumption. The one establishment or place shall be	951
that which is described in the application for licensure.	952

No such license shall authorize or permit the terminal	953
distributor of dangerous drugs named in it to engage in the sale	954
or other distribution of dangerous drugs at retail or to maintain	955
possession, custody, or control of dangerous drugs for any purpose	956
other than the distributor's own use or consumption, at any	957
establishment or place other than that described in the license,	958
except that an agent or employee of an animal shelter may possess	959
and use dangerous drugs in the course of business as provided in	960
division (D) of section 4729.532 of the Revised Code.	961

(3) The license of an emergency medical service organization	962
shall cover and describe all the units of the organization listed	963
in its application for licensure.	964

(4) The license of every terminal distributor of dangerous	965
drugs shall indicate, on its face, the category of licensure. If	966
the license is a limited category I, II, or III license, it shall	967
specify, and shall authorize the licensee to possess, have custody	968
or control of, and distribute only, the dangerous drugs that were	969
listed in the application for licensure.	970

(I) All licenses issued pursuant to this section shall be	971
effective for a period of twelve months from the first day of	972
January of each year. A license shall be renewed by the board for	973
a like period, annually, according to the provisions of this	974
section, and the standard renewal procedure of Chapter 4745. of	975
the Revised Code. A person who desires to renew a license shall	976
submit an application for renewal and pay the required fee on or	977
before the thirty-first day of December each year. The fee	978
required for the renewal of a license shall be the same as the fee	979
paid for the license being renewed, and shall accompany the	980
application for renewal.	981

A license that has not been renewed during December in any	982
year and by the first day of February of the following year may be	983
reinstated only upon payment of the required renewal fee and a	984
penalty fee of fifty-five dollars.	985

(J)(1) No emergency medical service organization that is	986
licensed as a terminal distributor of dangerous drugs shall fail	987
to comply with division (C)(2) or (3) of this section.	988

(2) No emergency medical service organization that is	989
licensed as a terminal distributor of dangerous drugs shall fail	990
to comply with division (D) of this section.	991

(3) No licensed terminal distributor of dangerous drugs shall	992
possess, have custody or control of, or distribute dangerous drugs	993
that the terminal distributor is not entitled to possess, have	994
custody or control of, or distribute by virtue of its category of	995
licensure.	996

(4) No licensee that is required by division (F) of this	997
section to notify the board of changes in its protocol or standing	998
orders, or in personnel, shall fail to comply with that division.	999

Sec. 4729.541. A person(A) Except as provided in division	1000
(B) of this section, a business entity described in division	1001
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may	1002
possess, have custody or control of, and distribute the dangerous	1003
drugs in category I, category II, and category III of section	1004
4729.54 of the Revised Code without holding a terminal distributor	1005
of dangerous drugs license issued under that section.	1006

(B) If a business entity described in division (B)(1)(j) or	1007
(k) of section 4729.51 of the Revised Code is a pain management	1008
clinic or is operating a pain management clinic, the entity shall	1009
hold a license as a terminal distributor of dangerous drugs with a	1010
pain management clinic classification issued under section	1011
4729.552 of the Revised Code.	1012

Sec. 4729.55.  No license shall be issued to an applicant for	1013
licensure as a terminal distributor of dangerous drugs unless the	1014
applicant has furnished satisfactory proof to the state board of	1015
pharmacy that:	1016

(A) The applicant is equipped as to land, buildings, and	1017
equipment to properly carry on the business of a terminal	1018
distributor of dangerous drugs within the category of licensure	1019
approved by the board.	1020

(B) A pharmacist, licensed health professional authorized to	1021
prescribe drugs, animal shelter licensed with the state board of	1022
pharmacy under section 4729.531 of the Revised Code, or a	1023
laboratory as defined in section 3719.01 of the Revised Code will	1024
maintain supervision and control over the possession and custody	1025
of dangerous drugs that may be acquired by or on behalf of the	1026
applicant.	1027

(C) Adequate safeguards are assured to prevent the sale or	1028
other distribution of dangerous drugs by any person other than a	1029
pharmacist or licensed health professional authorized to prescribe	1030
drugs.	1031

(D) Adequate safeguards are assured that the applicant will	1032
carry on the business of a terminal distributor of dangerous drugs	1033
in a manner that allows pharmacists and pharmacy interns employed	1034
by the terminal distributor to practice pharmacy in a safe and	1035
effective manner.	1036

(E) If the applicant, or any agent or employee of the	1037
applicant, has been found guilty of violating section 4729.51 of	1038
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	1039
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	1040
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	1041
or any rule of the board, adequate safeguards are assured to	1042
prevent the recurrence of the violation.	1043

(F) In the case of an applicant who is a food processor or	1044
retail seller of food, the applicant will maintain supervision and	1045
control over the possession and custody of nitrous oxide.	1046

(G) In the case of an applicant who is a retail seller of	1047
oxygen in original packages labeled as required by the "Federal	1048
Food, Drug, and Cosmetic Act," the applicant will maintain	1049
supervision and control over the possession, custody, and retail	1050
sale of the oxygen.	1051

(H) If the application is made on behalf of an animal	1052
shelter, at least one of the agents or employees of the animal	1053
shelter is certified in compliance with section 4729.532 of the	1054
Revised Code.	1055

(I) In the case of an applicant who is a retail seller of	1056
peritoneal dialysis solutions in original packages labeled as	1057
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	1058
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	1059
supervision and control over the possession, custody, and retail	1060
sale of the peritoneal dialysis solutions.	1061

(J) In the case of an applicant who is a pain management	1062
clinic, the applicant meets the requirements to receive a license	1063
with a pain management clinic classification issued under section	1064
4729.552 of the Revised Code.	1065

Sec. 4729.552. (A) To be eligible to receive a license as a	1066
category III terminal distributor of dangerous drugs with a pain	1067
management clinic classification, an applicant shall submit	1068
evidence satisfactory to the board that the applicant's pain	1069
management clinic will be operated in accordance with the	1070
requirements specified in division (B) of this section and that	1071
the applicant meets any other applicable requirements under this	1072
chapter or Chapter 3719. of the Revised Code.	1073

If the board determines that an applicant meets all of the	1074
requirements, the board shall issue to the applicant a license as	1075
a category III terminal distributor of dangerous drugs and specify	1076
on the license that the terminal distributor is classified as a	1077
pain management clinic.	1078

(B) The holder of a terminal distributor license with a pain	1079
management clinic classification shall do all of the following:	1080

(1) Be in control of a facility that is owned and operated	1081
solely by one or more physicians authorized under Chapter 4731. of	1082
the Revised Code to practice medicine and surgery or osteopathic	1083
medicine and surgery;	1084

(2) Ensure that any person employed by the facility complies	1085
with the requirements for the operation of a pain management	1086
clinic established by the state medical board in rules adopted	1087
under section 4731.054 of the Revised Code;	1088

(3) Require any person with ownership of the facility to	1089
submit to a criminal records check in accordance with section	1090
4776.02 of the Revised Code and send the results of the criminal	1091
records check directly to the state board of pharmacy for review	1092
and decision under section 4729.071 of the Revised Code;	1093

(4) Require all employees of the facility to submit to a	1094
criminal records check in accordance with section 4776.02 of the	1095
Revised Code and ensure that no person is employed who has	1096
previously been convicted of, or pleaded guilty to, any felony in	1097
this state, another state, or the United States;	1098

(5) Maintain a list of each person with ownership of the	1099
facility and notify the state board of pharmacy of any change to	1100
that list.	1101

(C) No person shall operate a facility that under this	1102
chapter is subject to licensure as a category III terminal	1103
distributor of dangerous drugs with a pain management clinic	1104
classification without obtaining and maintaining the license with	1105
the classification.	1106

No person who holds a category III license with a pain	1107
management clinic classification shall fail to remain in	1108
compliance with the requirements of division (A) of this section	1109
and any other applicable requirements under this chapter or	1110
Chapter 3719. of the Revised Code.	1111

(D) The board may impose a fine of not more than five	1112
thousand dollars on a terminal distributor of dangerous drugs	1113
license holder who violates division (C) of this section. A	1114
separate fine may be imposed for each day the violation continues.	1115
In imposing the fine, the board's actions shall be taken in	1116
accordance with Chapter 119. of the Revised Code.	1117

Sec. 4729.571. If the state board of pharmacy determines that	1118
there is clear and convincing evidence that the method used by a	1119
terminal distributor of dangerous drugs to distribute controlled	1120
substances presents a danger of immediate and serious harm to	1121
others, the board may suspend the terminal distributor's license	1122
without a hearing. The board shall follow the procedure for	1123
suspension without a prior hearing in section 119.07 of the	1124
Revised Code. The suspension shall remain in effect, unless	1125
removed by the board, until the board's final adjudication order	1126
becomes effective, except that if the board does not issue its	1127
final adjudication order within ninety days after the hearing, the	1128
suspension shall be void on the ninety-first day after the	1129
suspension.	1130

If the terminal distributor holds a license with a pain	1131
management clinic classification issued under section 4729.552 of	1132
the Revised Code and the person holding the license also holds a	1133
certificate issued under Chapter 4731. of the Revised Code to	1134
practice medicine and surgery or osteopathic medicine and surgery,	1135
prior to suspending the license without a hearing, the board shall	1136
consult with the secretary of the state medical board or, if the	1137
secretary is unavailable, another physician member of the board.	1138

Sec. 4729.69. (A) The state board of pharmacy, in	1139
collaboration with the director of alcohol and drug addiction	1140
services and attorney general, shall establish and administer a	1141
drug take-back program under which drugs are collected from the	1142
community for the purpose of destruction or disposal of the drugs.	1143

(B) The program shall be established and administered in such	1144
a manner that it does both of the following:	1145

(1) Complies with any state or federal laws regarding the	1146
collection, destruction, or disposal of drugs;	1147

(2) Maintains the confidentiality of individuals who submit	1148
or otherwise provide drugs under the program.	1149

(C) In consultation with the director of alcohol and drug	1150
addiction services and attorney general, the board shall adopt	1151
rules governing the program. The rules shall be adopted in	1152
accordance with Chapter 119. of the Revised Code. In adopting the	1153
rules, the board shall specify all of the following:	1154

(1) The entities that may participate;

1155

(2) Guidelines and responsibilities for accepting drugs by	1156
participating entities;	1157

(3) Drugs that may be collected;

1158

(4) Record-keeping requirements;

1159

(5) Proper methods to destroy unused drugs;

1160

(6) Privacy protocols and security standards;

1161

(7) Drug transportation procedures;

1162

(8) The schedule, duration, and frequency of the collections	1163
of drugs, except that the first collection shall occur not later	1164
than one year after the effective date of this section;	1165

(9) Any other standards and procedures the board considers	1166
necessary for purposes of governing the program.	1167

(D) In accordance with state and federal law, the board may	1168
adopt rules to allow an entity participating in the program to	1169
return any unused drugs to the pharmacy that originally dispensed	1170
the drug. The rules shall include procedures to be followed to	1171
maintain the confidentiality of the person for whom the drug was	1172
dispensed.	1173

(E) Rules adopted under this section may not do any of the	1174
following:	1175

(1) Require any entity to establish, fund, or operate a drug	1176
take-back program;	1177

(2) Establish any new licensing requirement or fee to	1178
participate in the program;	1179

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

1180

(F) The board may compile data on the amount and type of	1181
drugs collected under the program. For purposes of this division,	1182
the board may cooperate with a public or private entity in	1183
obtaining assistance in the compilation of data. An entity	1184
providing the assistance shall not be reimbursed under the program	1185
for any costs incurred in providing the assistance.	1186

(G) If the board compiles data under division (F) of this	1187
section, the board shall submit a report to the governor and, in	1188
accordance with section 101.68 of the Revised Code, the general	1189
assembly. The report, to the extent possible, shall include the	1190
following information:	1191

(1) Total weight of drugs collected, both with and without	1192
packaging;	1193

(2) The weight of controlled substances;

1194

(3) The amount of all of the following as a per cent of total	1195
drugs collected:	1196

(a) Controlled substances;

1197

(b) Brand name drugs;

1198

(c) Generic drugs;

1199

(d) Prescription drugs;

1200

(e) Non-prescription drugs.

1201

(4) The amount of vitamins, herbal supplements, and personal	1202
care products collected;	1203

(5) If provided by the person who submitted or otherwise	1204
donated drugs to the program, the reasons why the drugs were	1205
returned or unused.	1206

(H) No entity is required to participate in a drug take-back	1207
program established under this section, and no entity shall be	1208
subject to civil liability or professional disciplinary action for	1209
declining to participate.	1210

(I) The board may accept grants, gifts, or donations for	1211
purposes of the program. Money received under this division shall	1212
be deposited into the drug take-back program fund established	1213
under section 109.90 of the Revised Code.	1214

Sec. 4729.75. The state board of pharmacy may establish and	1215
maintain a drug database. The board shall use the drug database to	1216
monitor the misuse and diversion of controlled substances, as	1217
defined in section 3719.01 of the Revised Code, and other	1218
dangerous drugs the board includes in the database pursuant to	1219
rules adopted under section 4729.834729.84 of the Revised Code.	1220
In establishing and maintaining the database, the board shall	1221
electronically collect information pursuant to sections 4729.77	1222
and 4729.784729.79 of the Revised Code and shall disseminate	1223
information as authorized or required by sections 4729.794729.80	1224
and 4729.804729.81 of the Revised Code. The board's collection	1225
and dissemination of information shall be conducted in accordance	1226
with rules adopted under section 4729.834729.84 of the Revised	1227
Code.	1228

Sec. 4729.77. (A) If the state board of pharmacy establishes	1229
and maintains a drug database pursuant to section 4729.75 of the	1230
Revised Code, each pharmacy licensed as a terminal distributor of	1231
dangerous drugs that dispenses drugs to patients in this state and	1232
is included in the types of pharmacies specified in rules adopted	1233
under section 4729.834729.84 of the Revised Code shall submit to	1234
the board the following prescription information:	1235

(1) Terminal distributor identification;

1236

(2) Patient identification;

1237

(3) Prescriber identification;

1238

(4) Date prescription was issued by prescriber;

1239

(5) Date prescriptiondrug was dispensed;

1240

(6) Indication of whether prescriptionthe drug dispensed is	1241
new or a refill;	1242

(7) Name, strength, and national drug code of the drug	1243
dispensed;	1244

(8) Quantity of drug dispensed;

1245

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

1246

(10) Serial or prescription number assigned by the terminal	1247
distributor;	1248

(11) Source of payment for the prescriptiondrug dispensed.

1249

(B)(1) The information shall be transmitted as specified by	1250
the board in rules adopted under section 4729.834729.84 of the	1251
Revised Code.	1252

(1)(2) The information shall be submitted electronically in	1253
the format specified by the board, except that the board may grant	1254
a waiver allowing the distributor to submit the information in	1255
another format.	1256

(2)(3) The information shall be submitted in accordance with	1257
any time limits specified by the board, except that the board may	1258
grant an extension if either of the following occurs:	1259

(a) The distributor suffers a mechanical or electronic	1260
failure, or cannot meet the deadline for other reasons beyond the	1261
distributor's control.	1262

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

1263

(C) This section does not apply to a prescriber personally	1264
furnishing or administering dangerous drugs to the prescriber's	1265
patient.	1266

Sec. 4729.78. (A) If the state board of pharmacy establishes	1267
and maintains a drug database pursuant to section 4729.75 of the	1268
Revised Code, each wholesale distributor of dangerous drugs that	1269
delivers drugs in this state to prescribers in this stateor	1270
terminal distributors of dangerous drugs shall submit to the board	1271
the following purchase information:	1272

(1) Purchaser identification;

1273

(2) Identification of the drug sold;

1274

(3) Quantity of the drug sold;

1275

(4) Date of sale;

1276

(5) The wholesale distributor's license number issued by the	1277
board.	1278

(B)(1) The information shall be transmitted as specified by	1279
the board in rules adopted under section 4729.834729.84 of the	1280
Revised Code.	1281

(1)(2) The information shall be submitted electronically in	1282
the format specified by the board, except that the board may grant	1283
a waiver allowing the distributor to submit the information in	1284
another format.	1285

(2)(3) The information shall be submitted in accordance with	1286
any time limits specified by the board, except that the board may	1287
grant an extension if either of the following occurs:	1288

(a) The distributor suffers a mechanical or electronic	1289
failure, or cannot meet the deadline for other reasons beyond the	1290
distributor's control.	1291

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

1292

Sec. 4729.79.  (A) If the state board of pharmacy establishes	1293
and maintains a drug database pursuant to section 4729.75 of the	1294
Revised Code, each licensed health professional authorized to	1295
prescribe drugs, other than a veterinarian, who personally	1296
furnishes a controlled substance or other dangerous drug the board	1297
includes in the database pursuant to rules adopted under section	1298
4729.84 of the Revised Code to a patient in this state shall	1299
submit to the board the following information:	1300

(1) Prescriber identification;

1301

(2) Patient identification;

1302

(3) Date drug was furnished by the prescriber;

1303

(4) Indication of whether the drug furnished is new or a	1304
refill;	1305

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

1306

(6) Quantity of drug furnished;

1307

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

1308

(8) Source of payment for the drug furnished.

1309

(B)(1) The information shall be transmitted as specified by	1310
the board in rules adopted under section 4729.84 of the Revised	1311
Code.	1312

(2) The information shall be submitted electronically in the	1313
format specified by the board, except that the board may grant a	1314
waiver allowing the prescriber to submit the information in	1315
another format.	1316

(3) The information shall be submitted in accordance with any	1317
time limits specified by the board, except that the board may	1318
grant an extension if either of the following occurs:	1319

(a) The prescriber's transmission system suffers a mechanical	1320
or electronic failure, or the prescriber cannot meet the deadline	1321
for other reasons beyond the prescriber's control.	1322

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

1323

(C) If the board becomes aware of a prescriber's failure to	1324
comply with this section, the board shall notify the government	1325
entity responsible for licensing the prescriber.	1326

Sec. 4729.79.        Sec. 4729.80. (A) If the state board of pharmacy	1327
establishes and maintains a drug database pursuant to section	1328
4729.75 of the Revised Code, the board mayis authorized or	1329
required to provide information from the database in accordance	1330
with the following:	1331

(1) On receipt of a request from a designated representative	1332
of a government entity responsible for the licensure, regulation,	1333
or discipline of licensed health care professionals authorized	1334
with authority to prescribe, administer, or dispense drugs, the	1335
board may provide to the representative information from the	1336
database relating to the professional who is the subject of an	1337
active investigation being conducted by the government entity.	1338

(2) On receipt of a request from a federal officer, or a	1339
state or local officer of this or any other state, whose duties	1340
include enforcing laws relating to drugs, the board mayshall	1341
provide to the officer information from the database relating to	1342
the person who is the subject of an active investigation of a drug	1343
abuse offense, as defined in section 2925.01 of the Revised Code,	1344
being conducted by the officer's employing government entity.	1345

(3) Pursuant to a subpoena issued by a grand jury, the board	1346
mayshall provide to the grand jury information from the database	1347
relating to the person who is the subject of an investigation	1348
being conducted by the grand jury.	1349

(4) Pursuant to a subpoena, search warrant, or court order in	1350
connection with the investigation or prosecution of a possible or	1351
alleged criminal offense, the board shall provide information from	1352
the database as necessary to comply with the subpoena, search	1353
warrant, or court order.	1354

(5) On receipt of a request from a pharmacist or prescriber	1355
or the prescriber's agent registered with the board, the board may	1356
provide to the requestorprescriber information from the database	1357
relating to a current patient of the requestorprescriber, if the	1358
requestorprescriber certifies in a form specified by the board	1359
that it is for the purpose of providing medical or pharmaceutical	1360
treatment to the patient who is the subject of the request.	1361

(5)(6) On receipt of a request from a pharmacist, the board	1362
may provide to the pharmacist information from the database	1363
relating to a current patient of the pharmacist, if the pharmacist	1364
certifies in a form specified by the board that it is for the	1365
purpose of the pharmacist's practice of pharmacy involving the	1366
patient who is the subject of the request.	1367

(7) On receipt of a request from an individual seeking the	1368
individual's own database information in accordance with the	1369
procedure established in rules adopted under section 4729.83	1370
4729.84 of the Revised Code, the board may provide to the	1371
individual the individual's own database information.	1372

(8) On receipt of a request from the medical director of a	1373
managed care organization that has entered into a data security	1374
agreement with the board required by section 5111.1710 of the	1375
Revised Code, the board may provide to the medical director	1376
information from the database relating to a medicaid recipient	1377
enrolled in the managed care organization.	1378

(9) On receipt of a request from the director of job and	1379
family services, the board may provide to the director information	1380
from the database relating to a recipient of a program	1381
administered by the department of job and family services.	1382

(10) On receipt of a request from a requestor described in	1383
division (A)(1), (2), (5), or (6) of this section who is from or	1384
participating with another state's prescription monitoring	1385
program, the board may provide to the requestor information from	1386
the database, but only if there is a written agreement under which	1387
the information is to be used and disseminated according to the	1388
laws of this state.	1389

(B) The state board of pharmacy shall maintain a record of	1390
each individual or entity that requests information from the	1391
database pursuant to this section. In accordance with rules	1392
adopted under section 4729.834729.84 of the Revised Code, the	1393
board may use the records to document and report statistics and	1394
law enforcement outcomes.	1395

The board may provide records of an individual's requests for	1396
database information to the following:	1397

(1) A designated representative of a government entity that	1398
is responsible for the licensure, regulation, or discipline of	1399
licensed health care professionals authorizedwith authority to	1400
prescribe, administer, or dispense drugs who is involved in an	1401
active investigation being conducted by the government entity of	1402
the individual who submitted the requests for database	1403
information;	1404

(2) A federal officer, or a state or local officer of this or	1405
any other state, whose duties include enforcing laws relating to	1406
drugs and who is involved in an active investigation being	1407
conducted by the officer's employing government entity of the	1408
individual who submitted the requests for database information.	1409

(C) Information contained in the database and any information	1410
obtained from it is not a public record. Information contained in	1411
the records of requests for information from the database is not a	1412
public record. Information that does not identify a person may be	1413
released in summary, statistical, or aggregate form.	1414

(D) Nothing in this section requires a pharmacist or	1415
prescriber to obtain information about a patient from the	1416
database. A pharmacist or prescriber shall not be held liable in	1417
damages to any person in any civil action for injury, death, or	1418
loss to person or property on the basis that the pharmacist or	1419
prescriber did or did not seek or obtain information from the	1420
database.	1421

Sec. 4729.80.        Sec. 4729.81. If the state board of pharmacy	1422
establishes and maintains a drug database pursuant to section	1423
4729.75 of the Revised Code, the board shall review the	1424
information in the drug database. If the board determines from the	1425
review that a violation of law may have occurred, it shall notify	1426
the appropriate law enforcement agency or a government entity	1427
responsible for the licensure, regulation, or discipline of	1428
licensed health care professionals authorized to prescribe drugs	1429
and supply information required by the agency or entity for an	1430
investigation of the violation of law that may have occurred.	1431

Sec. 4729.81.        Sec. 4729.82. If the state board of pharmacy	1432
establishes a drug database pursuant to section 4729.75 of the	1433
Revised Code, the information collected for the database shall be	1434
retained in the database for at least two years. TheAny	1435
information that identifies a patient shall then be destroyed	1436
after it has been retained for two years unless a law enforcement	1437
agency or a government entity responsible for the licensure,	1438
regulation, or discipline of licensed health care professionals	1439
authorized to prescribe drugs has submitted a written request to	1440
the board for retention of specificthe information in accordance	1441
with rules adopted by the board under section 4729.834729.84 of	1442
the Revised Code.	1443

Sec. 4729.82.        Sec. 4729.83. (A) If the state board of pharmacy	1444
establishes and maintains a drug database pursuant to section	1445
4729.75 of the Revised Code, the board shall not impose any charge	1446
on a terminal distributor of dangerous drugs, pharmacist, or	1447
prescriber for the establishment or maintenance of the database.	1448
The board shall not charge any fees for the transmission of data	1449
to the database or for the receipt of information from the	1450
database, except that the board may charge a fee in accordance	1451
with rules adopted under section 4729.834729.84 of the Revised	1452
Code to an individual who requests the individual's own database	1453
information under section 4729.794729.80 of the Revised Code.	1454

(B) The board may accept grants, gifts, or donations for	1455
purposes of the drug database. Any money received shall be	1456
deposited into the state treasury to the credit of the drug	1457
database fund, which is hereby created. Money in the fund shall be	1458
used solely for purposes of the drug database.	1459

Sec. 4729.83.        Sec. 4729.84. For purposes of establishing and	1460
maintaining a drug database pursuant to section 4729.75 of the	1461
Revised Code, the state board of pharmacy shall adopt rules in	1462
accordance with Chapter 119. of the Revised Code to carry out and	1463
enforce sections 4729.75 to 4729.824729.83 of the Revised Code.	1464
The rules shall specify all of the following:	1465

(A) A means of identifying each patient, each terminal	1466
distributor of dangerous drugs, and each purchase at wholesale of	1467
dangerous drugs about which information is entered into the drug	1468
database;	1469

(B) Requirements for the transmission of information from	1470
terminal distributors andof dangerous drugs, wholesale	1471
distributors of dangerous drugs for purposes of the database, and	1472
prescribers;	1473

(C) An electronic format for the submission of information	1474
from terminal distributors and, wholesale distributors of	1475
dangerous drugs, and prescribers;	1476

(D) A procedure whereby a terminal distributor or a,	1477
wholesale distributor of dangerous drugs, or prescriber unable to	1478
submit information electronically may obtain a waiver to submit	1479
information in another format;	1480

(E) A procedure whereby the board may grant a request from a	1481
law enforcement agency or a government entity responsible for the	1482
licensure, regulation, or discipline of licensed health care	1483
professionals authorized to prescribe drugs that information that	1484
has been stored for two years be retained when the information	1485
pertains to an open investigation being conducted by the agency or	1486
entity;	1487

(F) A procedure whereby a terminal ordistributor, wholesale	1488
distributor, or prescriber may apply for an extension to the time	1489
by which information must be transmitted to the board;	1490

(G) A procedure whereby a person or government entity to	1491
which the board is authorized to provide information may submit a	1492
request to the board for the information and the board may verify	1493
the identity of the requestor;	1494

(H) A procedure whereby the board can use the database	1495
request records required by division (B) of section 4729.79	1496
4729.80 of the Revised Code to document and report statistics and	1497
law enforcement outcomes;	1498

(I) A procedure whereby an individual may request the	1499
individual's own database information and the board may verify the	1500
identity of the requestor;	1501

(J) A reasonable fee that the board may charge under section	1502
4729.824729.83 of the Revised Code for providing an individual	1503
with the individual's own database information pursuant to section	1504
4729.794729.80 of the Revised Code;	1505

(K) The other specific dangerous drugs other thanthat, in	1506
addition to controlled substances that, must be included in the	1507
database;	1508

(L) The types of pharmacies licensed as terminal distributors	1509
of dangerous drugs that are required to submit prescription	1510
information to the board pursuant to section 4729.77 of the	1511
Revised Code.	1512

Sec. 4729.84.        Sec. 4729.85. (A) If the state board of pharmacy	1513
establishes and maintains a drug database pursuant to section	1514
4729.75 of the Revised Code, the board shall present a biennial	1515
report to the standing committees of the house of representatives	1516
and the senate that are primarily responsible for considering	1517
health and human services issues. The initial report shall be	1518
presented not later than two years after the database is	1519
established.	1520

(B) Each report presented under this section shall include	1521
all of the following:	1522

(1) The cost to the state of establishing and maintaining the	1523
database;	1524

(2) Information from terminal distributors of dangerous	1525
drugs, prescribers, and the board regarding the board's	1526
effectiveness in providing information from the database;	1527

(3) The board's timeliness in transmitting information from	1528
the database.	1529

Sec. 4729.86. If the state board of pharmacy establishes and	1530
maintains a drug database pursuant to section 4729.75 of the	1531
Revised Code, all of the following apply:	1532

(A)(1) No person identified in divisions (A)(1) to (9) or (B)	1533
of section 4729.80 of the Revised Code shall disseminate any	1534
written or electronic document the person receives from the drug	1535
database, except as necessary in the investigation or prosecution	1536
of a possible or alleged criminal offense.	1537

(2) No person shall provide false information to the state	1538
board of pharmacy with the intent to obtain information contained	1539
in the drug database.	1540

(3) No person shall obtain drug database information by any	1541
means except as provided under section 4729.80 or 4729.81 of the	1542
Revised Code.	1543

(B) A person shall not use a document obtained pursuant to	1544
division (A) of section 4729.80 of the Revised Code as evidence in	1545
any civil or administrative proceeding.	1546

(C)(1) The board may restrict a person from obtaining further	1547
information from the drug database if any of the following is the	1548
case:	1549

(a) The person is convicted of or pleads guilty to a	1550
violation of division (A)(1), (2), or (3) of this section;	1551

(b) The person is a requestor identified in division (A)(10)	1552
of section 4729.80 of the Revised Code and the board determines	1553
that the person's actions in another state would have constituted	1554
a violation of division (A)(1), (2), or (3) of this section;	1555

(c) The person fails to comply with division (B) of this	1556
section, regardless of the jurisdiction in which the failure to	1557
comply occurred.	1558

(2) The board shall determine the extent to which the person	1559
is restricted from obtaining further information from the	1560
database.	1561

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	1562
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	1563
Code is guilty of a minor misdemeanor. Each day's violation	1564
constitutes a separate offense.	1565

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	1566
the Revised Code is guilty of a misdemeanor of the third degree.	1567
Each day's violation constitutes a separate offense. If the	1568
offender previously has been convicted of or pleaded guilty to a	1569
violation of this chapter, that person is guilty of a misdemeanor	1570
of the second degree.	1571

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	1572
the Revised Code is guilty of a misdemeanor.	1573

(D) Whoever violates division (A), (B), (D), or (E) of	1574
section 4729.51 of the Revised Code is guilty of a misdemeanor of	1575
the first degree.	1576

(E)(1) Whoever violates section 4729.37, division (C)(2) of	1577
section 4729.51, division (J) of section 4729.54, or section	1578
4729.61 of the Revised Code is guilty of a felony of the fifth	1579
degree. If the offender previously has been convicted of or	1580
pleaded guilty to a violation of this chapter or a violation of	1581
Chapter 2925. or 3719. of the Revised Code, that person is guilty	1582
of a felony of the fourth degree.	1583

(2) If an offender is convicted of or pleads guilty to a	1584
violation of section 4729.37, division (C) of section 4729.51,	1585
division (J) of section 4729.54, or section 4729.61 of the Revised	1586
Code, if the violation involves the sale, offer to sell, or	1587
possession of a schedule I or II controlled substance, with the	1588
exception of marihuana, and if the court imposing sentence upon	1589
the offender finds that the offender as a result of the violation	1590
is a major drug offender, as defined in section 2929.01 of the	1591
Revised Code, and is guilty of a specification of the type	1592
described in section 2941.1410 of the Revised Code, the court, in	1593
lieu of the prison term authorized or required by division (E)(1)	1594
of this section and sections 2929.13 and 2929.14 of the Revised	1595
Code and in addition to any other sanction imposed for the offense	1596
under sections 2929.11 to 2929.18 of the Revised Code, shall	1597
impose upon the offender, in accordance with division (D)(3)(a) of	1598
section 2929.14 of the Revised Code, the mandatory prison term	1599
specified in that division and may impose an additional prison	1600
term under division (D)(3)(b) of that section.	1601

(3) Notwithstanding any contrary provision of section 3719.21	1602
of the Revised Code, the clerk of court shall pay any fine imposed	1603
for a violation of section 4729.37, division (C) of section	1604
4729.51, division (J) of section 4729.54, or section 4729.61 of	1605
the Revised Code pursuant to division (A) of section 2929.18 of	1606
the Revised Code in accordance with and subject to the	1607
requirements of division (F) of section 2925.03 of the Revised	1608
Code. The agency that receives the fine shall use the fine as	1609
specified in division (F) of section 2925.03 of the Revised Code.	1610

(F) Whoever violates section 4729.531 of the Revised Code or	1611
any rule adopted thereunder or section 4729.532 of the Revised	1612
Code is guilty of a misdemeanor of the first degree.	1613

(G) Whoever violates division (C)(1) of section 4729.51 of	1614
the Revised Code is guilty of a felony of the fourth degree. If	1615
the offender has previously been convicted of or pleaded guilty to	1616
a violation of this chapter, or of a violation of Chapter 2925. or	1617
3719. of the Revised Code, that person is guilty of a felony of	1618
the third degree.	1619

(H) Whoever violates division (C)(3) of section 4729.51 of	1620
the Revised Code is guilty of a misdemeanor of the first degree.	1621
If the offender has previously been convicted of or pleaded guilty	1622
to a violation of this chapter, or of a violation of Chapter 2925.	1623
or 3719. of the Revised Code, that person is guilty of a felony of	1624
the fifth degree.	1625

(I)(1) Whoever violates division (B) of section 4729.42 of	1626
the Revised Code is guilty of unauthorized pharmacy-related drug	1627
conduct. Except as otherwise provided in this section,	1628
unauthorized pharmacy-related drug conduct is a misdemeanor of the	1629
second degree. If the offender previously has been convicted of or	1630
pleaded guilty to a violation of division (B), (C), (D), or (E) of	1631
that section, unauthorized pharmacy-related drug conduct is a	1632
misdemeanor of the first degree on a second offense and a felony	1633
of the fifth degree on a third or subsequent offense.	1634

(2) Whoever violates division (C) or (D) of section 4729.42	1635
of the Revised Code is guilty of permitting unauthorized	1636
pharmacy-related drug conduct. Except as otherwise provided in	1637
this section, permitting unauthorized pharmacy-related drug	1638
conduct is a misdemeanor of the second degree. If the offender	1639
previously has been convicted of or pleaded guilty to a violation	1640
of division (B), (C), (D), or (E) of that section, permitting	1641
unauthorized pharmacy-related drug conduct is a misdemeanor of the	1642
first degree on a second offense and a felony of the fifth degree	1643
on a third or subsequent offense.	1644

(3) Whoever violates division (E) of section 4729.42 of the	1645
Revised Code is guilty of the offense of falsification under	1646
section 2921.13 of the Revised Code. In addition to any other	1647
sanction imposed for the violation, the offender is forever	1648
disqualified from engaging in any activity specified in division	1649
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	1650
from performing any function as a health care professional or	1651
health care worker. As used in this division, "health care	1652
professional" and "health care worker" have the same meanings as	1653
in section 2305.234 of the Revised Code.	1654

(4) Notwithstanding any contrary provision of section 3719.21	1655
of the Revised Code or any other provision of law that governs the	1656
distribution of fines, the clerk of the court shall pay any fine	1657
imposed pursuant to division (I)(1), (2), or (3) of this section	1658
to the state board of pharmacy if the board has adopted a written	1659
internal control policy under division (F)(2) of section 2925.03	1660
of the Revised Code that addresses fine moneys that it receives	1661
under Chapter 2925. of the Revised Code and if the policy also	1662
addresses fine moneys paid under this division. The state board of	1663
pharmacy shall use the fines so paid in accordance with the	1664
written internal control policy to subsidize the board's law	1665
enforcement efforts that pertain to drug offenses.	1666

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	1667
the Revised Code is guilty of a misdemeanor of the third degree.	1668
If the offender has previously been convicted of or pleaded guilty	1669
to a violation of division (A)(1), (2), or (3) of section 4729.86	1670
of the Revised Code, that person is guilty of a misdemeanor of the	1671
first degree.	1672

(2) Whoever violates division (A)(2) of section 4729.86 of	1673
the Revised Code is guilty of a misdemeanor of the first degree.	1674
If the offender has previously been convicted of or pleaded guilty	1675
to a violation of division (A)(1), (2), or (3) of section 4729.86	1676
of the Revised Code, that person is guilty of a felony of the	1677
fifth degree.	1678

(3) Whoever violates division (A)(3) of section 4729.86 of	1679
the Revised Code is guilty of a felony of the fifth degree. If the	1680
offender has previously been convicted of or pleaded guilty to a	1681
violation of division (A)(1), (2), or (3) of section 4729.86 of	1682
the Revised Code, that person is guilty of a felony of the fourth	1683
degree.	1684

(K) A person who violates division (C) of section 4729.552 of	1685
the Revised Code is guilty of a misdemeanor of the first degree.	1686
If the person previously has been convicted of or pleaded guilty	1687
to a violation of division (C) of section 4729.552 of the Revised	1688
Code, that person is guilty of a felony of the fifth degree.	1689

Sec. 4730.53. (A) As used in this section, "drug database"	1690
means the database established and maintained by the state board	1691
of pharmacy pursuant to section 4729.75 of the Revised Code.	1692

(B) The medical board shall adopt rules in accordance with	1693
Chapter 119. of the Revised Code that establish standards and	1694
procedures to be followed by a physician assistant who holds a	1695
certificate to prescribe issued under this chapter regarding the	1696
review of patient information available through the drug database.	1697

(C) This section and the rules adopted under it do not apply	1698
if the state board of pharmacy no longer maintains the drug	1699
database.	1700

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

1701

(1) "Dangerous drug" has the same meaning as in section	1702
4729.01 of the Revised Code.	1703

(2) "Intractable pain" means a state of pain that is	1704
determined, after reasonable medical efforts have been made to	1705
relieve the pain or cure its cause, to have a cause for which no	1706
treatment or cure is possible or for which none has been found	1707
Chronic pain" means pain that has persisted after reasonable	1708
medical efforts have been made to relieve the pain or cure its	1709
cause and that has continued, either continuously or episodically,	1710
for longer than three continuous months. "Chronic pain" does not	1711
include pain associated with a terminal condition or with a	1712
progressive disease that, in the normal course of progression, may	1713
reasonably be expected to result in a terminal condition.	1714

(3) "Physician" means an individual authorized under this	1715
chapter to practice medicine and surgery or osteopathic medicine	1716
and surgery.	1717

(B) The state medical board shall adopt rules in accordance	1718
with Chapter 119. of the Revised Code that establish standards and	1719
procedures to be followed by physicians in the diagnosis and	1720
treatment of intractablechronic pain, including standards for	1721
managing intractablechronic pain by prescribing, personally	1722
furnishing, or administering dangerous drugs in amounts or	1723
combinations that may not be appropriate when treating other	1724
medical conditions. In developing the rules, the board shall	1725
consult with and permit review by physicians who are experienced	1726
in the diagnosis and treatment of intractablechronic pain.	1727

(C) When a physician diagnoses an individual as having	1728
intractablechronic pain, the physician may treat the pain by	1729
managing it with dangerous drugs in amounts or combinations that	1730
may not be appropriate when treating other medical conditions. The	1731
physician's diagnosis shall be made after having the individual	1732
evaluated by one or more other physicians who specialize in the	1733
treatment of the area, system, or organ of the body perceived as	1734
the source of the pain. The physician's diagnosis and treatment	1735
decisions shall be made according to accepted and prevailing	1736
standards for medical care. The physician shall maintain a record	1737
of all of the following:	1738

(1) Medical history and physical examination of the	1739
individual;	1740

(2) The diagnosis of intractablechronic pain, including	1741
signs, symptoms, and causes;	1742

(3) The plan of treatment proposed, the patient's response to	1743
treatment, and any modification to the plan of treatment;	1744

(4) The dates on which dangerous drugs were prescribed,	1745
furnished, or administered, the name and address of the individual	1746
to or for whom the dangerous drugs were prescribed, dispensed, or	1747
administered, and the amounts and dosage forms for the dangerous	1748
drugs prescribed, furnished, or administered;	1749

(5) A copy of the report made by the physician or the	1750
physician to whom referral for evaluation was made under this	1751
division.	1752

(D) A physician who treats intractablechronic pain by	1753
managing it with dangerous drugs is not subject to disciplinary	1754
action by the board under section 4731.22 of the Revised Code	1755
solely because the physician treated the intractablechronic pain	1756
with dangerous drugs. The physician is subject to disciplinary	1757
action only if the dangerous drugs are not prescribed, furnished,	1758
or administered in accordance with this section and the rules	1759
adopted under it.	1760

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

1761

(1) "Chronic pain" has the same meaning as in section	1762
4731.052 of the Revised Code.	1763

(2) "Controlled substance" has the same meaning as in section	1764
3719.01 of the Revised Code.	1765

(3) "Owner" means each person included on the list maintained	1766
under division (B)(5) of section 4729.552 of the Revised Code.	1767

(4)(a) "Pain management clinic" means a facility to which all	1768
of the following apply:	1769

(i) A primary component of practice is treatment of pain or	1770
chronic pain;	1771

(ii) The majority of patients of the prescribers at the	1772
facility are provided treatment for pain or chronic pain that	1773
includes the use of controlled substances, tramadol, carisoprodol,	1774
or other drugs specified in rules adopted under this section;	1775

(iii) The facility meets any other identifying criteria	1776
established in rules adopted under this section.	1777

(b) "Pain management clinic" does not include any of the	1778
following:	1779

(i) A hospital registered with the department of health under	1780
section 3701.07 of the Revised Code or a facility owned by such a	1781
hospital;	1782

(ii) A school, college, university, or other educational	1783
institution or program to the extent that it provides instruction	1784
to individuals preparing to practice as physicians, podiatrists,	1785
dentists, nurses, physician assistants, optometrists, or	1786
veterinarians or any affiliated facility to the extent that it	1787
participates in the provision of that instruction;	1788

(iii) A hospice program licensed under Chapter 3712. of the	1789
Revised Code;	1790

(iv) An ambulatory surgical facility licensed under section	1791
3702.30 of the Revised Code.	1792

(5) "Physician" means an individual authorized under this	1793
chapter to practice medicine and surgery or osteopathic medicine	1794
and surgery.	1795

(6) "Prescriber" has the same meaning as in section 4729.01	1796
of the Revised Code.	1797

(B) Each owner shall supervise, control, and direct the	1798
activities of each individual, including an employee, volunteer,	1799
or individual under contract, who provides treatment of pain or	1800
chronic pain at the clinic or is associated with the provision of	1801
that treatment. The supervision, control, and direction shall be	1802
provided in accordance with rules adopted under this section.	1803

(C) The state medical board shall adopt rules in accordance	1804
with Chapter 119. of the Revised Code that establish all of the	1805
following:	1806

(1) Standards and procedures for the operation of a pain	1807
management clinic;	1808

(2) Standards and procedures to be followed by a physician	1809
who provides care at a pain management clinic;	1810

(3) For purposes of division (A)(4)(a)(ii) of this section,	1811
the other drugs used to treat pain or chronic pain that identify a	1812
facility as a pain management clinic;	1813

(4) For purposes of division (A)(4)(a)(iii) of this section,	1814
the other criteria that identify a facility as a pain management	1815
clinic;	1816

(5) For purposes of division (B) of this section, standards	1817
and procedures to be followed by an owner in providing	1818
supervision, direction, and control of individuals at a pain	1819
management clinic.	1820

(D) The board may impose a fine of not more than twenty	1821
thousand dollars on a physician who fails to comply with rules	1822
adopted under this section. The fine may be in addition to or in	1823
lieu of any other action that may be taken under section 4731.22	1824
of the Revised Code. The board shall deposit any amounts received	1825
under this division in accordance with section 4731.24 of the	1826
Revised Code.	1827

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

1828

(1) "Drug database" means the database established and	1829
maintained by the state board of pharmacy pursuant to section	1830
4729.75 of the Revised Code.	1831

(2) "Physician" means an individual authorized under this	1832
chapter to practice medicine and surgery, osteopathic medicine and	1833
surgery, or podiatric medicine and surgery.	1834

(B) The state medical board shall adopt rules in accordance	1835
with Chapter 119. of the Revised Code that establish standards and	1836
procedures to be followed by a physician regarding the review of	1837
patient information available through the drug database.	1838

(C) This section and the rules adopted under it do not apply	1839
if the state board of pharmacy no longer maintains the drug	1840
database.	1841

Sec. 4731.22.  (A) The state medical board, by an affirmative	1842
vote of not fewer than six of its members, may revoke or may	1843
refuse to grant a certificate to a person found by the board to	1844
have committed fraud during the administration of the examination	1845
for a certificate to practice or to have committed fraud,	1846
misrepresentation, or deception in applying for or securing any	1847
certificate to practice or certificate of registration issued by	1848
the board.	1849

(B) The board, by an affirmative vote of not fewer than six	1850
members, shall, to the extent permitted by law, limit, revoke, or	1851
suspend an individual's certificate to practice, refuse to	1852
register an individual, refuse to reinstate a certificate, or	1853
reprimand or place on probation the holder of a certificate for	1854
one or more of the following reasons:	1855

(1) Permitting one's name or one's certificate to practice or	1856
certificate of registration to be used by a person, group, or	1857
corporation when the individual concerned is not actually	1858
directing the treatment given;	1859

(2) Failure to maintain minimal standards applicable to the	1860
selection or administration of drugs, or failure to employ	1861
acceptable scientific methods in the selection of drugs or other	1862
modalities for treatment of disease;	1863

(3) Selling, giving away, personally furnishing, prescribing,	1864
or administering drugs for other than legal and legitimate	1865
therapeutic purposes or a plea of guilty to, a judicial finding of	1866
guilt of, or a judicial finding of eligibility for intervention in	1867
lieu of conviction of, a violation of any federal or state law	1868
regulating the possession, distribution, or use of any drug;	1869

(4) Willfully betraying a professional confidence.

1870

For purposes of this division, "willfully betraying a	1871
professional confidence" does not include providing any	1872
information, documents, or reports to a child fatality review	1873
board under sections 307.621 to 307.629 of the Revised Code and	1874
does not include the making of a report of an employee's use of a	1875
drug of abuse, or a report of a condition of an employee other	1876
than one involving the use of a drug of abuse, to the employer of	1877
the employee as described in division (B) of section 2305.33 of	1878
the Revised Code. Nothing in this division affects the immunity	1879
from civil liability conferred by that section upon a physician	1880
who makes either type of report in accordance with division (B) of	1881
that section. As used in this division, "employee," "employer,"	1882
and "physician" have the same meanings as in section 2305.33 of	1883
the Revised Code.	1884

(5) Making a false, fraudulent, deceptive, or misleading	1885
statement in the solicitation of or advertising for patients; in	1886
relation to the practice of medicine and surgery, osteopathic	1887
medicine and surgery, podiatric medicine and surgery, or a limited	1888
branch of medicine; or in securing or attempting to secure any	1889
certificate to practice or certificate of registration issued by	1890
the board.	1891

As used in this division, "false, fraudulent, deceptive, or	1892
misleading statement" means a statement that includes a	1893
misrepresentation of fact, is likely to mislead or deceive because	1894
of a failure to disclose material facts, is intended or is likely	1895
to create false or unjustified expectations of favorable results,	1896
or includes representations or implications that in reasonable	1897
probability will cause an ordinarily prudent person to	1898
misunderstand or be deceived.	1899

(6) A departure from, or the failure to conform to, minimal	1900
standards of care of similar practitioners under the same or	1901
similar circumstances, whether or not actual injury to a patient	1902
is established;	1903

(7) Representing, with the purpose of obtaining compensation	1904
or other advantage as personal gain or for any other person, that	1905
an incurable disease or injury, or other incurable condition, can	1906
be permanently cured;	1907

(8) The obtaining of, or attempting to obtain, money or	1908
anything of value by fraudulent misrepresentations in the course	1909
of practice;	1910

(9) A plea of guilty to, a judicial finding of guilt of, or a	1911
judicial finding of eligibility for intervention in lieu of	1912
conviction for, a felony;	1913

(10) Commission of an act that constitutes a felony in this	1914
state, regardless of the jurisdiction in which the act was	1915
committed;	1916

(11) A plea of guilty to, a judicial finding of guilt of, or	1917
a judicial finding of eligibility for intervention in lieu of	1918
conviction for, a misdemeanor committed in the course of practice;	1919

(12) Commission of an act in the course of practice that	1920
constitutes a misdemeanor in this state, regardless of the	1921
jurisdiction in which the act was committed;	1922

(13) A plea of guilty to, a judicial finding of guilt of, or	1923
a judicial finding of eligibility for intervention in lieu of	1924
conviction for, a misdemeanor involving moral turpitude;	1925

(14) Commission of an act involving moral turpitude that	1926
constitutes a misdemeanor in this state, regardless of the	1927
jurisdiction in which the act was committed;	1928

(15) Violation of the conditions of limitation placed by the	1929
board upon a certificate to practice;	1930

(16) Failure to pay license renewal fees specified in this	1931
chapter;	1932

(17) Except as authorized in section 4731.31 of the Revised	1933
Code, engaging in the division of fees for referral of patients,	1934
or the receiving of a thing of value in return for a specific	1935
referral of a patient to utilize a particular service or business;	1936

(18) Subject to section 4731.226 of the Revised Code,	1937
violation of any provision of a code of ethics of the American	1938
medical association, the American osteopathic association, the	1939
American podiatric medical association, or any other national	1940
professional organizations that the board specifies by rule. The	1941
state medical board shall obtain and keep on file current copies	1942
of the codes of ethics of the various national professional	1943
organizations. The individual whose certificate is being suspended	1944
or revoked shall not be found to have violated any provision of a	1945
code of ethics of an organization not appropriate to the	1946
individual's profession.	1947

For purposes of this division, a "provision of a code of	1948
ethics of a national professional organization" does not include	1949
any provision that would preclude the making of a report by a	1950
physician of an employee's use of a drug of abuse, or of a	1951
condition of an employee other than one involving the use of a	1952
drug of abuse, to the employer of the employee as described in	1953
division (B) of section 2305.33 of the Revised Code. Nothing in	1954
this division affects the immunity from civil liability conferred	1955
by that section upon a physician who makes either type of report	1956
in accordance with division (B) of that section. As used in this	1957
division, "employee," "employer," and "physician" have the same	1958
meanings as in section 2305.33 of the Revised Code.	1959

(19) Inability to practice according to acceptable and	1960
prevailing standards of care by reason of mental illness or	1961
physical illness, including, but not limited to, physical	1962
deterioration that adversely affects cognitive, motor, or	1963
perceptive skills.	1964

In enforcing this division, the board, upon a showing of a	1965
possible violation, may compel any individual authorized to	1966
practice by this chapter or who has submitted an application	1967
pursuant to this chapter to submit to a mental examination,	1968
physical examination, including an HIV test, or both a mental and	1969
a physical examination. The expense of the examination is the	1970
responsibility of the individual compelled to be examined. Failure	1971
to submit to a mental or physical examination or consent to an HIV	1972
test ordered by the board constitutes an admission of the	1973
allegations against the individual unless the failure is due to	1974
circumstances beyond the individual's control, and a default and	1975
final order may be entered without the taking of testimony or	1976
presentation of evidence. If the board finds an individual unable	1977
to practice because of the reasons set forth in this division, the	1978
board shall require the individual to submit to care, counseling,	1979
or treatment by physicians approved or designated by the board, as	1980
a condition for initial, continued, reinstated, or renewed	1981
authority to practice. An individual affected under this division	1982
shall be afforded an opportunity to demonstrate to the board the	1983
ability to resume practice in compliance with acceptable and	1984
prevailing standards under the provisions of the individual's	1985
certificate. For the purpose of this division, any individual who	1986
applies for or receives a certificate to practice under this	1987
chapter accepts the privilege of practicing in this state and, by	1988
so doing, shall be deemed to have given consent to submit to a	1989
mental or physical examination when directed to do so in writing	1990
by the board, and to have waived all objections to the	1991
admissibility of testimony or examination reports that constitute	1992
a privileged communication.	1993

(20) Except when civil penalties are imposed under section	1994
4731.225 or 4731.281 of the Revised Code, and subject to section	1995
4731.226 of the Revised Code, violating or attempting to violate,	1996
directly or indirectly, or assisting in or abetting the violation	1997
of, or conspiring to violate, any provisions of this chapter or	1998
any rule promulgated by the board.	1999

This division does not apply to a violation or attempted	2000
violation of, assisting in or abetting the violation of, or a	2001
conspiracy to violate, any provision of this chapter or any rule	2002
adopted by the board that would preclude the making of a report by	2003
a physician of an employee's use of a drug of abuse, or of a	2004
condition of an employee other than one involving the use of a	2005
drug of abuse, to the employer of the employee as described in	2006
division (B) of section 2305.33 of the Revised Code. Nothing in	2007
this division affects the immunity from civil liability conferred	2008
by that section upon a physician who makes either type of report	2009
in accordance with division (B) of that section. As used in this	2010
division, "employee," "employer," and "physician" have the same	2011
meanings as in section 2305.33 of the Revised Code.	2012

(21) The violation of section 3701.79 of the Revised Code or	2013
of any abortion rule adopted by the public health council pursuant	2014
to section 3701.341 of the Revised Code;	2015

(22) Any of the following actions taken by the agency	2016
responsible for regulating the practice of medicine and surgery,	2017
osteopathic medicine and surgery, podiatric medicine and surgery,	2018
or the limited branches of medicine in another jurisdiction, for	2019
any reason other than the nonpayment of fees: the limitation,	2020
revocation, or suspension of an individual's license to practice;	2021
acceptance of an individual's license surrender; denial of a	2022
license; refusal to renew or reinstate a license; imposition of	2023
probation; or issuance of an order of censure or other reprimand;	2024

(23) The violation of section 2919.12 of the Revised Code or	2025
the performance or inducement of an abortion upon a pregnant woman	2026
with actual knowledge that the conditions specified in division	2027
(B) of section 2317.56 of the Revised Code have not been satisfied	2028
or with a heedless indifference as to whether those conditions	2029
have been satisfied, unless an affirmative defense as specified in	2030
division (H)(2) of that section would apply in a civil action	2031
authorized by division (H)(1) of that section;	2032

(24) The revocation, suspension, restriction, reduction, or	2033
termination of clinical privileges by the United States department	2034
of defense or department of veterans affairs or the termination or	2035
suspension of a certificate of registration to prescribe drugs by	2036
the drug enforcement administration of the United States	2037
department of justice;	2038

(25) Termination or suspension from participation in the	2039
medicare or medicaid programs by the department of health and	2040
human services or other responsible agency for any act or acts	2041
that also would constitute a violation of division (B)(2), (3),	2042
(6), (8), or (19) of this section;	2043

(26) Impairment of ability to practice according to	2044
acceptable and prevailing standards of care because of habitual or	2045
excessive use or abuse of drugs, alcohol, or other substances that	2046
impair ability to practice.	2047

For the purposes of this division, any individual authorized	2048
to practice by this chapter accepts the privilege of practicing in	2049
this state subject to supervision by the board. By filing an	2050
application for or holding a certificate to practice under this	2051
chapter, an individual shall be deemed to have given consent to	2052
submit to a mental or physical examination when ordered to do so	2053
by the board in writing, and to have waived all objections to the	2054
admissibility of testimony or examination reports that constitute	2055
privileged communications.	2056

If it has reason to believe that any individual authorized to	2057
practice by this chapter or any applicant for certification to	2058
practice suffers such impairment, the board may compel the	2059
individual to submit to a mental or physical examination, or both.	2060
The expense of the examination is the responsibility of the	2061
individual compelled to be examined. Any mental or physical	2062
examination required under this division shall be undertaken by a	2063
treatment provider or physician who is qualified to conduct the	2064
examination and who is chosen by the board.	2065

Failure to submit to a mental or physical examination ordered	2066
by the board constitutes an admission of the allegations against	2067
the individual unless the failure is due to circumstances beyond	2068
the individual's control, and a default and final order may be	2069
entered without the taking of testimony or presentation of	2070
evidence. If the board determines that the individual's ability to	2071
practice is impaired, the board shall suspend the individual's	2072
certificate or deny the individual's application and shall require	2073
the individual, as a condition for initial, continued, reinstated,	2074
or renewed certification to practice, to submit to treatment.	2075

Before being eligible to apply for reinstatement of a	2076
certificate suspended under this division, the impaired	2077
practitioner shall demonstrate to the board the ability to resume	2078
practice in compliance with acceptable and prevailing standards of	2079
care under the provisions of the practitioner's certificate. The	2080
demonstration shall include, but shall not be limited to, the	2081
following:	2082

(a) Certification from a treatment provider approved under	2083
section 4731.25 of the Revised Code that the individual has	2084
successfully completed any required inpatient treatment;	2085

(b) Evidence of continuing full compliance with an aftercare	2086
contract or consent agreement;	2087

(c) Two written reports indicating that the individual's	2088
ability to practice has been assessed and that the individual has	2089
been found capable of practicing according to acceptable and	2090
prevailing standards of care. The reports shall be made by	2091
individuals or providers approved by the board for making the	2092
assessments and shall describe the basis for their determination.	2093

The board may reinstate a certificate suspended under this	2094
division after that demonstration and after the individual has	2095
entered into a written consent agreement.	2096

When the impaired practitioner resumes practice, the board	2097
shall require continued monitoring of the individual. The	2098
monitoring shall include, but not be limited to, compliance with	2099
the written consent agreement entered into before reinstatement or	2100
with conditions imposed by board order after a hearing, and, upon	2101
termination of the consent agreement, submission to the board for	2102
at least two years of annual written progress reports made under	2103
penalty of perjury stating whether the individual has maintained	2104
sobriety.	2105

(27) A second or subsequent violation of section 4731.66 or	2106
4731.69 of the Revised Code;	2107

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

2108

(a) Waiving the payment of all or any part of a deductible or	2109
copayment that a patient, pursuant to a health insurance or health	2110
care policy, contract, or plan that covers the individual's	2111
services, otherwise would be required to pay if the waiver is used	2112
as an enticement to a patient or group of patients to receive	2113
health care services from that individual;	2114

(b) Advertising that the individual will waive the payment of	2115
all or any part of a deductible or copayment that a patient,	2116
pursuant to a health insurance or health care policy, contract, or	2117
plan that covers the individual's services, otherwise would be	2118
required to pay.	2119

(29) Failure to use universal blood and body fluid	2120
precautions established by rules adopted under section 4731.051 of	2121
the Revised Code;	2122

(30) Failure to provide notice to, and receive acknowledgment	2123
of the notice from, a patient when required by section 4731.143 of	2124
the Revised Code prior to providing nonemergency professional	2125
services, or failure to maintain that notice in the patient's	2126
file;	2127

(31) Failure of a physician supervising a physician assistant	2128
to maintain supervision in accordance with the requirements of	2129
Chapter 4730. of the Revised Code and the rules adopted under that	2130
chapter;	2131

(32) Failure of a physician or podiatrist to enter into a	2132
standard care arrangement with a clinical nurse specialist,	2133
certified nurse-midwife, or certified nurse practitioner with whom	2134
the physician or podiatrist is in collaboration pursuant to	2135
section 4731.27 of the Revised Code or failure to fulfill the	2136
responsibilities of collaboration after entering into a standard	2137
care arrangement;	2138

(33) Failure to comply with the terms of a consult agreement	2139
entered into with a pharmacist pursuant to section 4729.39 of the	2140
Revised Code;	2141

(34) Failure to cooperate in an investigation conducted by	2142
the board under division (F) of this section, including failure to	2143
comply with a subpoena or order issued by the board or failure to	2144
answer truthfully a question presented by the board at a	2145
deposition or in written interrogatories, except that failure to	2146
cooperate with an investigation shall not constitute grounds for	2147
discipline under this section if a court of competent jurisdiction	2148
has issued an order that either quashes a subpoena or permits the	2149
individual to withhold the testimony or evidence in issue;	2150

(35) Failure to supervise an acupuncturist in accordance with	2151
Chapter 4762. of the Revised Code and the board's rules for	2152
supervision of an acupuncturist;	2153

(36) Failure to supervise an anesthesiologist assistant in	2154
accordance with Chapter 4760. of the Revised Code and the board's	2155
rules for supervision of an anesthesiologist assistant;	2156

(37) Assisting suicide as defined in section 3795.01 of the	2157
Revised Code;	2158

(38) Failure to comply with the requirements of section	2159
2317.561 of the Revised Code;	2160

(39) Failure to supervise a radiologist assistant in	2161
accordance with Chapter 4774. of the Revised Code and the board's	2162
rules for supervision of radiologist assistants;	2163

(40) Performing or inducing an abortion at an office or	2164
facility with knowledge that the office or facility fails to post	2165
the notice required under section 3701.791 of the Revised Code;	2166

(41) Failure to comply with the standards and procedures	2167
established in rules under section 4731.054 of the Revised Code	2168
for the operation of or the provision of care at a pain management	2169
clinic;	2170

(42) Failure to comply with the standards and procedures	2171
established in rules under section 4731.054 of the Revised Code	2172
for providing supervision, direction, and control of individuals	2173
at a pain management clinic;	2174

(43) Failure to comply with the requirements of section	2175
4729.79 of the Revised Code, unless the state board of pharmacy no	2176
longer maintains a drug database pursuant to section 4729.75 of	2177
the Revised Code.	2178

(C) Disciplinary actions taken by the board under divisions	2179
(A) and (B) of this section shall be taken pursuant to an	2180
adjudication under Chapter 119. of the Revised Code, except that	2181
in lieu of an adjudication, the board may enter into a consent	2182
agreement with an individual to resolve an allegation of a	2183
violation of this chapter or any rule adopted under it. A consent	2184
agreement, when ratified by an affirmative vote of not fewer than	2185
six members of the board, shall constitute the findings and order	2186
of the board with respect to the matter addressed in the	2187
agreement. If the board refuses to ratify a consent agreement, the	2188
admissions and findings contained in the consent agreement shall	2189
be of no force or effect.	2190

If the board takes disciplinary action against an individual	2191
under division (B) of this section for a second or subsequent plea	2192
of guilty to, or judicial finding of guilt of, a violation of	2193
section 2919.123 of the Revised Code, the disciplinary action	2194
shall consist of a suspension of the individual's certificate to	2195
practice for a period of at least one year or, if determined	2196
appropriate by the board, a more serious sanction involving the	2197
individual's certificate to practice. Any consent agreement	2198
entered into under this division with an individual that pertains	2199
to a second or subsequent plea of guilty to, or judicial finding	2200
of guilt of, a violation of that section shall provide for a	2201
suspension of the individual's certificate to practice for a	2202
period of at least one year or, if determined appropriate by the	2203
board, a more serious sanction involving the individual's	2204
certificate to practice.	2205

(D) For purposes of divisions (B)(10), (12), and (14) of this	2206
section, the commission of the act may be established by a finding	2207
by the board, pursuant to an adjudication under Chapter 119. of	2208
the Revised Code, that the individual committed the act. The board	2209
does not have jurisdiction under those divisions if the trial	2210
court renders a final judgment in the individual's favor and that	2211
judgment is based upon an adjudication on the merits. The board	2212
has jurisdiction under those divisions if the trial court issues	2213
an order of dismissal upon technical or procedural grounds.	2214

(E) The sealing of conviction records by any court shall have	2215
no effect upon a prior board order entered under this section or	2216
upon the board's jurisdiction to take action under this section	2217
if, based upon a plea of guilty, a judicial finding of guilt, or a	2218
judicial finding of eligibility for intervention in lieu of	2219
conviction, the board issued a notice of opportunity for a hearing	2220
prior to the court's order to seal the records. The board shall	2221
not be required to seal, destroy, redact, or otherwise modify its	2222
records to reflect the court's sealing of conviction records.	2223

(F)(1) The board shall investigate evidence that appears to	2224
show that a person has violated any provision of this chapter or	2225
any rule adopted under it. Any person may report to the board in a	2226
signed writing any information that the person may have that	2227
appears to show a violation of any provision of this chapter or	2228
any rule adopted under it. In the absence of bad faith, any person	2229
who reports information of that nature or who testifies before the	2230
board in any adjudication conducted under Chapter 119. of the	2231
Revised Code shall not be liable in damages in a civil action as a	2232
result of the report or testimony. Each complaint or allegation of	2233
a violation received by the board shall be assigned a case number	2234
and shall be recorded by the board.	2235

(2) Investigations of alleged violations of this chapter or	2236
any rule adopted under it shall be supervised by the supervising	2237
member elected by the board in accordance with section 4731.02 of	2238
the Revised Code and by the secretary as provided in section	2239
4731.39 of the Revised Code. The president may designate another	2240
member of the board to supervise the investigation in place of the	2241
supervising member. No member of the board who supervises the	2242
investigation of a case shall participate in further adjudication	2243
of the case.	2244

(3) In investigating a possible violation of this chapter or	2245
any rule adopted under this chapter, the board may administer	2246
oaths, order the taking of depositions, issue subpoenas, and	2247
compel the attendance of witnesses and production of books,	2248
accounts, papers, records, documents, and testimony, except that a	2249
subpoena for patient record information shall not be issued	2250
without consultation with the attorney general's office and	2251
approval of the secretary and supervising member of the board.	2252
Before issuance of a subpoena for patient record information, the	2253
secretary and supervising member shall determine whether there is	2254
probable cause to believe that the complaint filed alleges a	2255
violation of this chapter or any rule adopted under it and that	2256
the records sought are relevant to the alleged violation and	2257
material to the investigation. The subpoena may apply only to	2258
records that cover a reasonable period of time surrounding the	2259
alleged violation.	2260

On failure to comply with any subpoena issued by the board	2261
and after reasonable notice to the person being subpoenaed, the	2262
board may move for an order compelling the production of persons	2263
or records pursuant to the Rules of Civil Procedure.	2264

A subpoena issued by the board may be served by a sheriff,	2265
the sheriff's deputy, or a board employee designated by the board.	2266
Service of a subpoena issued by the board may be made by	2267
delivering a copy of the subpoena to the person named therein,	2268
reading it to the person, or leaving it at the person's usual	2269
place of residence. When the person being served is a person whose	2270
practice is authorized by this chapter, service of the subpoena	2271
may be made by certified mail, restricted delivery, return receipt	2272
requested, and the subpoena shall be deemed served on the date	2273
delivery is made or the date the person refuses to accept	2274
delivery.	2275

A sheriff's deputy who serves a subpoena shall receive the	2276
same fees as a sheriff. Each witness who appears before the board	2277
in obedience to a subpoena shall receive the fees and mileage	2278
provided for under section 119.094 of the Revised Code.	2279

(4) All hearings and investigations of the board shall be	2280
considered civil actions for the purposes of section 2305.252 of	2281
the Revised Code.	2282

(5) Information received by the board pursuant to an	2283
investigation is confidential and not subject to discovery in any	2284
civil action.	2285

The board shall conduct all investigations and proceedings in	2286
a manner that protects the confidentiality of patients and persons	2287
who file complaints with the board. The board shall not make	2288
public the names or any other identifying information about	2289
patients or complainants unless proper consent is given or, in the	2290
case of a patient, a waiver of the patient privilege exists under	2291
division (B) of section 2317.02 of the Revised Code, except that	2292
consent or a waiver of that nature is not required if the board	2293
possesses reliable and substantial evidence that no bona fide	2294
physician-patient relationship exists.	2295

The board may share any information it receives pursuant to	2296
an investigation, including patient records and patient record	2297
information, with law enforcement agencies, other licensing	2298
boards, and other governmental agencies that are prosecuting,	2299
adjudicating, or investigating alleged violations of statutes or	2300
administrative rules. An agency or board that receives the	2301
information shall comply with the same requirements regarding	2302
confidentiality as those with which the state medical board must	2303
comply, notwithstanding any conflicting provision of the Revised	2304
Code or procedure of the agency or board that applies when it is	2305
dealing with other information in its possession. In a judicial	2306
proceeding, the information may be admitted into evidence only in	2307
accordance with the Rules of Evidence, but the court shall require	2308
that appropriate measures are taken to ensure that confidentiality	2309
is maintained with respect to any part of the information that	2310
contains names or other identifying information about patients or	2311
complainants whose confidentiality was protected by the state	2312
medical board when the information was in the board's possession.	2313
Measures to ensure confidentiality that may be taken by the court	2314
include sealing its records or deleting specific information from	2315
its records.	2316

(6) On a quarterly basis, the board shall prepare a report	2317
that documents the disposition of all cases during the preceding	2318
three months. The report shall contain the following information	2319
for each case with which the board has completed its activities:	2320

(a) The case number assigned to the complaint or alleged	2321
violation;	2322

(b) The type of certificate to practice, if any, held by the	2323
individual against whom the complaint is directed;	2324

(c) A description of the allegations contained in the	2325
complaint;	2326

(d) The disposition of the case.

2327

The report shall state how many cases are still pending and	2328
shall be prepared in a manner that protects the identity of each	2329
person involved in each case. The report shall be a public record	2330
under section 149.43 of the Revised Code.	2331

(G) IfThe state medical board may suspend without prior	2332
hearing a certificate to practice issued under this chapter if the	2333
secretary and supervising member determine that thereboth of the	2334
following:	2335

(1) That there is clear and convincing evidence that an	2336
individual has violated division (B) of this section and that;	2337

(2) That the individual's continued practice presents a	2338
danger of immediate and serious harm to the public, they may	2339
recommend that the board suspend the individual's certificate to	2340
practice without a prior hearing. Written allegations shall be	2341
prepared for consideration by the board.	2342

The secretary and supervising member shall provide written	2343
allegations to the board. The board, upon review of those	2344
allegations and by an affirmative vote of not fewer than six of	2345
its members, excluding the secretary and supervising member, may	2346
suspend a certificate without a prior hearing. A telephone	2347
conference call may be utilized for reviewing the allegations and	2348
taking the vote on the summary suspension.	2349

The board shall issue a written order of suspension by	2350
certified mail or in person in accordance with section 119.07 of	2351
the Revised Code. The order shall not be subject to suspension by	2352
the court during pendency of any appeal filed under section 119.12	2353
of the Revised Code. If the individual subject to the summary	2354
suspension requests an adjudicatory hearing by the board, the date	2355
set for the hearing shall be within fifteen days, but not earlier	2356
than seven days, after the individual requests the hearing, unless	2357
otherwise agreed to by both the board and the individual.	2358

Any summary suspension imposed under this division shall	2359
remain in effect, unless reversed on appeal, until a final	2360
adjudicative order issued by the board pursuant to this section	2361
and Chapter 119. of the Revised Code becomes effective. The board	2362
shall issue its final adjudicative order within seventy-five days	2363
after completion of its hearing. A failure to issue the order	2364
within seventy-five days shall result in dissolution of the	2365
summary suspension order but shall not invalidate any subsequent,	2366
final adjudicative order.	2367

(H) If the board takes action under division (B)(9), (11), or	2368
(13) of this section and the judicial finding of guilt, guilty	2369
plea, or judicial finding of eligibility for intervention in lieu	2370
of conviction is overturned on appeal, upon exhaustion of the	2371
criminal appeal, a petition for reconsideration of the order may	2372
be filed with the board along with appropriate court documents.	2373
Upon receipt of a petition of that nature and supporting court	2374
documents, the board shall reinstate the individual's certificate	2375
to practice. The board may then hold an adjudication under Chapter	2376
119. of the Revised Code to determine whether the individual	2377
committed the act in question. Notice of an opportunity for a	2378
hearing shall be given in accordance with Chapter 119. of the	2379
Revised Code. If the board finds, pursuant to an adjudication held	2380
under this division, that the individual committed the act or if	2381
no hearing is requested, the board may order any of the sanctions	2382
identified under division (B) of this section.	2383

(I) The certificate to practice issued to an individual under	2384
this chapter and the individual's practice in this state are	2385
automatically suspended as of the date of the individual's second	2386
or subsequent plea of guilty to, or judicial finding of guilt of,	2387
a violation of section 2919.123 of the Revised Code, or the date	2388
the individual pleads guilty to, is found by a judge or jury to be	2389
guilty of, or is subject to a judicial finding of eligibility for	2390
intervention in lieu of conviction in this state or treatment or	2391
intervention in lieu of conviction in another jurisdiction for any	2392
of the following criminal offenses in this state or a	2393
substantially equivalent criminal offense in another jurisdiction:	2394
aggravated murder, murder, voluntary manslaughter, felonious	2395
assault, kidnapping, rape, sexual battery, gross sexual	2396
imposition, aggravated arson, aggravated robbery, or aggravated	2397
burglary. Continued practice after suspension shall be considered	2398
practicing without a certificate.	2399

The board shall notify the individual subject to the	2400
suspension by certified mail or in person in accordance with	2401
section 119.07 of the Revised Code. If an individual whose	2402
certificate is automatically suspended under this division fails	2403
to make a timely request for an adjudication under Chapter 119. of	2404
the Revised Code, the board shall do whichever of the following is	2405
applicable:	2406

(1) If the automatic suspension under this division is for a	2407
second or subsequent plea of guilty to, or judicial finding of	2408
guilt of, a violation of section 2919.123 of the Revised Code, the	2409
board shall enter an order suspending the individual's certificate	2410
to practice for a period of at least one year or, if determined	2411
appropriate by the board, imposing a more serious sanction	2412
involving the individual's certificate to practice.	2413

(2) In all circumstances in which division (I)(1) of this	2414
section does not apply, enter a final order permanently revoking	2415
the individual's certificate to practice.	2416

(J) If the board is required by Chapter 119. of the Revised	2417
Code to give notice of an opportunity for a hearing and if the	2418
individual subject to the notice does not timely request a hearing	2419
in accordance with section 119.07 of the Revised Code, the board	2420
is not required to hold a hearing, but may adopt, by an	2421
affirmative vote of not fewer than six of its members, a final	2422
order that contains the board's findings. In that final order, the	2423
board may order any of the sanctions identified under division (A)	2424
or (B) of this section.	2425

(K) Any action taken by the board under division (B) of this	2426
section resulting in a suspension from practice shall be	2427
accompanied by a written statement of the conditions under which	2428
the individual's certificate to practice may be reinstated. The	2429
board shall adopt rules governing conditions to be imposed for	2430
reinstatement. Reinstatement of a certificate suspended pursuant	2431
to division (B) of this section requires an affirmative vote of	2432
not fewer than six members of the board.	2433

(L) When the board refuses to grant a certificate to an	2434
applicant, revokes an individual's certificate to practice,	2435
refuses to register an applicant, or refuses to reinstate an	2436
individual's certificate to practice, the board may specify that	2437
its action is permanent. An individual subject to a permanent	2438
action taken by the board is forever thereafter ineligible to hold	2439
a certificate to practice and the board shall not accept an	2440
application for reinstatement of the certificate or for issuance	2441
of a new certificate.	2442

(M) Notwithstanding any other provision of the Revised Code,	2443
all of the following apply:	2444

(1) The surrender of a certificate issued under this chapter	2445
shall not be effective unless or until accepted by the board.	2446
Reinstatement of a certificate surrendered to the board requires	2447
an affirmative vote of not fewer than six members of the board.	2448

(2) An application for a certificate made under the	2449
provisions of this chapter may not be withdrawn without approval	2450
of the board.	2451

(3) Failure by an individual to renew a certificate of	2452
registration in accordance with this chapter shall not remove or	2453
limit the board's jurisdiction to take any disciplinary action	2454
under this section against the individual.	2455

(N) Sanctions shall not be imposed under division (B)(28) of	2456
this section against any person who waives deductibles and	2457
copayments as follows:	2458

(1) In compliance with the health benefit plan that expressly	2459
allows such a practice. Waiver of the deductibles or copayments	2460
shall be made only with the full knowledge and consent of the plan	2461
purchaser, payer, and third-party administrator. Documentation of	2462
the consent shall be made available to the board upon request.	2463

(2) For professional services rendered to any other person	2464
authorized to practice pursuant to this chapter, to the extent	2465
allowed by this chapter and rules adopted by the board.	2466

(O) Under the board's investigative duties described in this	2467
section and subject to division (F) of this section, the board	2468
shall develop and implement a quality intervention program	2469
designed to improve through remedial education the clinical and	2470
communication skills of individuals authorized under this chapter	2471
to practice medicine and surgery, osteopathic medicine and	2472
surgery, and podiatric medicine and surgery. In developing and	2473
implementing the quality intervention program, the board may do	2474
all of the following:	2475

(1) Offer in appropriate cases as determined by the board an	2476
educational and assessment program pursuant to an investigation	2477
the board conducts under this section;	2478

(2) Select providers of educational and assessment services,	2479
including a quality intervention program panel of case reviewers;	2480

(3) Make referrals to educational and assessment service	2481
providers and approve individual educational programs recommended	2482
by those providers. The board shall monitor the progress of each	2483
individual undertaking a recommended individual educational	2484
program.	2485

(4) Determine what constitutes successful completion of an	2486
individual educational program and require further monitoring of	2487
the individual who completed the program or other action that the	2488
board determines to be appropriate;	2489

(5) Adopt rules in accordance with Chapter 119. of the	2490
Revised Code to further implement the quality intervention	2491
program.	2492

An individual who participates in an individual educational	2493
program pursuant to this division shall pay the financial	2494
obligations arising from that educational program.	2495

Sec. 4731.241. The state medical board may solicit and accept	2496
grants and services from public and private sources for the	2497
purpose of developing and maintaining programs that address	2498
patient safety and education, supply and demand of health care	2499
professionals, and information sharing with the public and the	2500
individuals regulated by the board. The board shall not solicit or	2501
accept a grant or service that would interfere with the board's	2502
independence or objectivity, as determined by the board.	2503

Money received by the board under this section shall be	2504
deposited into the state treasury to the credit of the medical	2505
board education and patient safety fund, which is hereby created.	2506
The money shall be used solely in accordance with this section.	2507

Sec. 4731.283. Not later than ninety days after the	2508
effective date of this section, theThe state medical board shall	2509
approve one or more continuing medical education courses of study	2510
included within the programs certified by the Ohio state medical	2511
association and the Ohio osteopathic association pursuant to	2512
section 4731.281 of the Revised Code that assist doctors of	2513
medicine and doctors of osteopathic medicine in diagnosing and	2514
treating intractablechronic pain, as defined in section 4731.052	2515
of the Revised Code.	2516

Sec. 4776.02. (A) An applicant for an initial license or	2517
restored license from a licensing agency, or a person seeking to	2518
satisfy the criteria for being a qualified pharmacy technician	2519
that are specified in section 4729.42 of the Revised Code, or a	2520
person seeking to satisfy the requirements to be an employee of a	2521
pain management clinic as specified in section 4729.552 of the	2522
Revised Code shall submit a request to the bureau of criminal	2523
identification and investigation for a criminal records check of	2524
the applicant or person. The request shall be accompanied by a	2525
completed copy of the form prescribed under division (C)(1) of	2526
section 109.572 of the Revised Code, a set of fingerprint	2527
impressions obtained as described in division (C)(2) of that	2528
section, and the fee prescribed under division (C)(3) of that	2529
section. The applicant or person shall ask the superintendent of	2530
the bureau of criminal identification and investigation in the	2531
request to obtain from the federal bureau of investigation any	2532
information it has pertaining to the applicant or person.	2533

An applicant or person requesting a criminal records check	2534
shall provide the bureau of criminal identification and	2535
investigation with the applicant's or person's name and address	2536
and, regarding an applicant, with the licensing agency's name and	2537
address.	2538

(B) Upon receipt of the completed form, the set of	2539
fingerprint impressions, and the fee provided for in division (A)	2540
of this section, the superintendent of the bureau of criminal	2541
identification and investigation shall conduct a criminal records	2542
check of the applicant or person under division (B) of section	2543
109.572 of the Revised Code. Upon completion of the criminal	2544
records check, the superintendent shall do whichever of the	2545
following is applicable:	2546

(1) If the request was submitted by an applicant for an	2547
initial license or restored license, report the results of the	2548
criminal records check and any information the federal bureau of	2549
investigation provides to the licensing agency identified in the	2550
request for a criminal records check;	2551

(2) If the request was submitted by a person seeking to	2552
satisfy the criteria for being a qualified pharmacy technician	2553
that are specified in section 4729.42 of the Revised Code or a	2554
person seeking to satisfy the requirements to be an employee of a	2555
pain management clinic as specified in section 4729.552 of the	2556
Revised Code, do both of the following:	2557

(a) Report the results of the criminal records check and any	2558
information the federal bureau of investigation provides to the	2559
person who submitted the request;	2560

(b) Report the results of the portion of the criminal records	2561
check performed by the bureau of criminal identification and	2562
investigation under division (B)(1) of section 109.572 of the	2563
Revised Code to the employer or potential employer specified in	2564
the request of the person who submitted the request and send a	2565
letter to that employer or potential employer regarding the	2566
information provided by the federal bureau of investigation that	2567
states either that based on that information there is no record of	2568
any conviction or that based on that information the person who	2569
submitted the request may not meet the criteria that are specified	2570
in section 4729.42 of the Revised Code, whichever is applicable.	2571

Sec. 4776.04. The results of any criminal records check	2572
conducted pursuant to a request made under this chapter and any	2573
report containing those results, including any information the	2574
federal bureau of investigation provides, are not public records	2575
for purposes of section 149.43 of the Revised Code and shall not	2576
be made available to any person or for any purpose other than as	2577
follows:	2578

(A) If the request for the criminal records check was	2579
submitted by an applicant for an initial license or restored	2580
license, as follows:	2581

(1) The superintendent of the bureau of criminal	2582
identification and investigation shall make the results available	2583
to the licensing agency for use in determining, under the agency's	2584
authorizing chapter of the Revised Code, whether the applicant who	2585
is the subject of the criminal records check should be granted a	2586
license under that chapter.	2587

(2) The licensing agency shall make the results available to	2588
the applicant who is the subject of the criminal records check.	2589

(B) If the request for the criminal records check was	2590
submitted by a person seeking to satisfy the criteria for being a	2591
qualified pharmacy technician that are specified in section	2592
4729.42 of the Revised Code or a person seeking to satisfy the	2593
requirements to be an employee of a pain management clinic as	2594
specified in section 4729.552 of the Revised Code, the	2595
superintendent of the bureau of criminal identification and	2596
investigation shall make the results available in accordance with	2597
the following:	2598

(1) The superintendent shall make the results of the criminal	2599
records check, including any information the federal bureau of	2600
investigation provides, available to the person who submitted the	2601
request and is the subject of the criminal records check.	2602

(2) The superintendent shall make the results of the portion	2603
of the criminal records check performed by the bureau of criminal	2604
identification and investigation under division (B)(1) of section	2605
109.572 of the Revised Code available to the employer or potential	2606
employer specified in the request of the person who submitted the	2607
request and shall send a letter of the type described in division	2608
(B)(2) of section 4776.02 of the Revised Code to that employer or	2609
potential employer regarding the information provided by the	2610
federal bureau of investigation that contains one of the types of	2611
statements described in that division.	2612

Sec. 5111.085. Not later than July 1, 2012, the department of	2613
job and family services shall adopt rules in accordance with	2614
Chapter 119. of the Revised Code to implement a coordinated	2615
services program for medicaid recipients who are found to have	2616
obtained prescription drugs under the medicaid program at a	2617
frequency or in an amount that is not medically necessary. The	2618
program shall be implemented in a manner that is consistent with	2619
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	2620
(1981), 42 U.S.C. 1396(a)(2), as amended, and 42 C.F.R. 431.54(e).	2621

Sec. 5111.172.  (A) When contracting under section 5111.17 of	2622
the Revised Code with a managed care organization that is a health	2623
insuring corporation, the department of job and family services	2624
may require the health insuring corporation to provide coverage of	2625
prescription drugs for medicaid recipients enrolled in the health	2626
insuring corporation. In providing the required coverage, the	2627
health insuring corporation may, subject to the department's	2628
approval, use strategies for the management of drug utilization.	2629

(B) As used in this division, "controlled substance" has the	2630
same meaning as in section 3719.01 of the Revised Code.	2631

If a health insuring corporation is required under this	2632
section to provide coverage of prescription drugs, the department	2633
shall permit the health insuring corporation to develop and	2634
implement a pharmacy utilization management program under which	2635
prior authorization through the program is established as a	2636
condition of obtaining a controlled substance pursuant to a	2637
prescription. The program may include processes for requiring	2638
medicaid recipients at high risk for fraud or abuse involving	2639
controlled substances to have their prescriptions for controlled	2640
substances filled by a pharmacy, medical provider, or health care	2641
facility designated by the program.	2642

Sec. 5111.179. Each contract the department of job and family	2643
services enters into with a managed care organization under	2644
section 5111.17 of the Revised Code shall require the managed care	2645
organization to implement a coordinated services program for	2646
medicaid recipients enrolled in the organization who are found to	2647
have obtained prescription drugs under the medicaid program at a	2648
frequency or in an amount that is not medically necessary. The	2649
program shall be implemented in a manner that is consistent with	2650
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	2651
(1981), 42 U.S.C. 1396(a)(2), as amended, and 42 C.F.R. 431.54(e).	2652

Sec. 5111.1710. Each contract the department of job and	2653
family services enters into with a managed care organization under	2654
section 5111.17 of the Revised Code shall require the managed care	2655
organization to enter into a data security agreement with the	2656
state board of pharmacy governing the managed care organization's	2657
use of the board's drug database established and maintained under	2658
section 4729.75 of the Revised Code.	2659

This section does not apply if the board no longer maintains	2660
the drug database.	2661

Section 2.  That existing sections 3719.08, 4715.30, 4729.01,	2662
4729.071, 4729.29, 4729.51, 4729.54, 4729.541, 4729.55, 4729.75,	2663
4729.77, 4729.78, 4729.79, 4729.80, 4729.81, 4729.82, 4729.83,	2664
4729.84, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02, 4776.04,	2665
and 5111.172 of the Revised Code are hereby repealed.	2666

Section 3. This act is hereby declared to be an emergency	2667
measure necessary for the immediate preservation of the public	2668
peace, health, and safety. The reason for such necessity is that	2669
the incidence of unintentional drug poisoning in this state has	2670
increased significantly in recent years and is now a leading cause	2671
of death among the state's citizens. Therefore, this act shall go	2672
into immediate effect.	2673

Section 4. (A) The State Board of Pharmacy shall consider	2674
improvements to the state's methods of monitoring, through the	2675
drug database established and maintained under section 4729.75 of	2676
the Revised Code, the misuse and diversion of controlled	2677
substances. Not later than six months after the effective date of	2678
this section, the Board shall prepare a report of its findings and	2679
recommendations.	2680

(B) In preparing the report, the Board shall include all of	2681
the following:	2682

(1) Recommendations on the establishment of a real-time drug	2683
database that permits information to be immediately submitted to	2684
the database and immediately accessible to the individuals	2685
authorized to access information in the database;	2686

(2) Recommendations on potential improvements to the Board's	2687
existing drug database, including both of the following:	2688

(a) Improvements that are necessary to facilitate information	2689
exchange between the database and database users;	2690

(b) Improvements that allow a drug utilization review to	2691
occur whereby patient use of controlled substances is monitored.	2692

(3) The potential cost of upgrading the Board's existing drug	2693
database or establishing a new database to monitor the misuse or	2694
diversion of controlled substances in this state;	2695

(4) Information on the availability of, and methods to	2696
secure, federal grants necessary to implement the Board's	2697
recommendations;	2698

(5) A description of any other matters the Board considers	2699
relevant to the report.	2700

(C) On completion of the report, the Board shall submit	2701
copies to the Speaker of the House of Representatives, President	2702
of the Senate, and Governor.	2703

Section 5.  Section 5111.179 of the Revised Code, as enacted	2704
by this act, shall be implemented by the Department of Job and	2705
Family Services not later than July 1, 2012. On and after the	2706
Department's implementation date, that section applies to	2707
contracts under section 5111.17 of the Revised Code as follows:	2708

(A) To each contract the Department enters into with a	2709
managed care organization on or after the Department's	2710
implementation date;	2711

(B) To each contract between the Department and a managed	2712
care organization that is in effect on the Department's	2713
implementation date if on or after that date the contract is	2714
renewed or the contract is amended or otherwise modified.	2715

Section 6. Section 5111.1710 of the Revised Code, as enacted	2716
by this act, shall be implemented by the Department of Job and	2717
Family Services not later than one year after the effective date	2718
of this section. On and after the Department's implementation	2719
date, that section applies to contracts under section 5111.17 of	2720
the Revised Code as follows:	2721

(A) To each contract the Department enters into with a	2722
managed care organization on or after the Department's	2723
implementation date;	2724

(B) To each contract between the Department and a managed	2725
care organization that is in effect on the Department's	2726
implementation date if on or after that date the contract is	2727
renewed or the contract is amended or otherwise modified.	2728

Section 7. Section 4731.22 of the Revised Code is presented	2729
in this act as a composite of the section as amended by Am. Sub.	2730
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	2731
Assembly. The General Assembly, applying the principle stated in	2732
division (B) of section 1.52 of the Revised Code that amendments	2733
are to be harmonized if reasonably capable of simultaneous	2734
operation, finds that the composite is the resulting version of	2735
the section in effect prior to the effective date of the section	2736
as presented in this act.	2737