As Reported by the Senate Health, Human Services 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, Adams, R., Amstutz, Anielski, Ashford, Baker, Beck, Blair, Blessing, Brenner, Buchy, Budish, Butler, Carey, Carney, Celeste, Clyde, Coley, Combs, Damschroder, DeGeeter, Derickson, Dovilla, Driehaus, Fedor, Foley, Gerberry, Goyal, Hagan, C., Hall, Hayes, Heard, Henne, Kozlowski, Landis, Letson, Luckie, Lundy, Mallory, Martin, McClain, McGregor, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Patmon, Phillips, Ramos, Reece, Roegner, Slaby, Slesnick, Sprague, Stautberg, Stebelton, Stinziano, Szollosi, Thompson, Weddington, Williams, Winburn, Young, Yuko 

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A BILL

To amend sections 109.57, 3719.08, 4715.30, 4723.28,

1

4729.01, 4729.071, 4729.29, 4729.51, 4729.54,

2

4729.541, 4729.55, 4729.75, 4729.77, 4729.78,

3

4729.79, 4729.80, 4729.81, 4729.82, 4729.83,

4

4729.99, 4731.052, 4731.22, 4731.283, 4776.02,

5

4776.04, and 5111.172; to amend, for the purpose

6

of adopting new section numbers as indicated in

7

parentheses, sections 4729.79 (4729.80), 4729.80

8

(4729.81), 4729.81 (4729.82), 4729.82 (4729.83),

9

4729.83 (4729.84), and 4729.84 (4729.85); and to

10

enact new section 4729.79 and sections 109.90,

11

313.212, 3719.031, 3793.22, 4121.50, 4715.302,

12

4723.064, 4723.487, 4725.092, 4729.021, 4729.162,

13

4729.291, 4729.552, 4729.571, 4729.69, 4729.86,

14

4730.53, 4731.054, 4731.055, 4731.241, 4731.391,

15

5111.085, 5111.179, and 5111.1710 of the Revised

16

Code to establish and modify laws regarding the

17

prevention of prescription drug abuse, to permit

18

the State Board of Pharmacy to contract with

19

private entities, and to declare an emergency.

20

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

Section 1. That sections 109.57, 3719.08, 4715.30, 4723.28,	21
4729.01, 4729.071, 4729.29, 4729.51, 4729.54, 4729.541, 4729.55,	22
4729.75, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81, 4729.82,	23
4729.83, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02, 4776.04,	24
and 5111.172 be amended; sections 4729.79 (4729.80), 4729.80	25
(4729.81), 4729.81 (4729.82), 4729.82 (4729.83), 4729.83	26
(4729.84), and 4729.84 (4729.85) be amended for the purpose of	27
adopting new section numbers as indicated in parentheses; and new	28
section 4729.79 and sections 109.90, 313.212, 3719.031, 3793.22,	29
4121.50, 4715.302, 4723.064, 4723.487, 4725.092, 4729.021,	30
4729.162, 4729.291, 4729.552, 4729.571, 4729.69, 4729.86, 4730.53,	31
4731.054, 4731.055, 4731.241, 4731.391, 5111.085, 5111.179, and	32
5111.1710 of the Revised Code be enacted to read as follows:	33

Sec. 109.57.  (A)(1) The superintendent of the bureau of	34
criminal identification and investigation shall procure from	35
wherever procurable and file for record photographs, pictures,	36
descriptions, fingerprints, measurements, and other information	37
that may be pertinent of all persons who have been convicted of	38
committing within this state a felony, any crime constituting a	39
misdemeanor on the first offense and a felony on subsequent	40
offenses, or any misdemeanor described in division (A)(1)(a),	41
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	42
of all children under eighteen years of age who have been	43
adjudicated delinquent children for committing within this state	44
an act that would be a felony or an offense of violence if	45
committed by an adult or who have been convicted of or pleaded	46
guilty to committing within this state a felony or an offense of	47
violence, and of all well-known and habitual criminals. The person	48
in charge of any county, multicounty, municipal, municipal-county,	49
or multicounty-municipal jail or workhouse, community-based	50
correctional facility, halfway house, alternative residential	51
facility, or state correctional institution and the person in	52
charge of any state institution having custody of a person	53
suspected of having committed a felony, any crime constituting a	54
misdemeanor on the first offense and a felony on subsequent	55
offenses, or any misdemeanor described in division (A)(1)(a),	56
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	57
having custody of a child under eighteen years of age with respect	58
to whom there is probable cause to believe that the child may have	59
committed an act that would be a felony or an offense of violence	60
if committed by an adult shall furnish such material to the	61
superintendent of the bureau. Fingerprints, photographs, or other	62
descriptive information of a child who is under eighteen years of	63
age, has not been arrested or otherwise taken into custody for	64
committing an act that would be a felony or an offense of violence	65
who is not in any other category of child specified in this	66
division, if committed by an adult, has not been adjudicated a	67
delinquent child for committing an act that would be a felony or	68
an offense of violence if committed by an adult, has not been	69
convicted of or pleaded guilty to committing a felony or an	70
offense of violence, and is not a child with respect to whom there	71
is probable cause to believe that the child may have committed an	72
act that would be a felony or an offense of violence if committed	73
by an adult shall not be procured by the superintendent or	74
furnished by any person in charge of any county, multicounty,	75
municipal, municipal-county, or multicounty-municipal jail or	76
workhouse, community-based correctional facility, halfway house,	77
alternative residential facility, or state correctional	78
institution, except as authorized in section 2151.313 of the	79
Revised Code.	80

(2) Every clerk of a court of record in this state, other	81
than the supreme court or a court of appeals, shall send to the	82
superintendent of the bureau a weekly report containing a summary	83
of each case involving a felony, involving any crime constituting	84
a misdemeanor on the first offense and a felony on subsequent	85
offenses, involving a misdemeanor described in division (A)(1)(a),	86
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	87
or involving an adjudication in a case in which a child under	88
eighteen years of age was alleged to be a delinquent child for	89
committing an act that would be a felony or an offense of violence	90
if committed by an adult. The clerk of the court of common pleas	91
shall include in the report and summary the clerk sends under this	92
division all information described in divisions (A)(2)(a) to (f)	93
of this section regarding a case before the court of appeals that	94
is served by that clerk. The summary shall be written on the	95
standard forms furnished by the superintendent pursuant to	96
division (B) of this section and shall include the following	97
information:	98

(a) The incident tracking number contained on the standard	99
forms furnished by the superintendent pursuant to division (B) of	100
this section;	101

(b) The style and number of the case;

102

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

103

(d) The date that the person was convicted of or pleaded	104
guilty to the offense, adjudicated a delinquent child for	105
committing the act that would be a felony or an offense of	106
violence if committed by an adult, found not guilty of the	107
offense, or found not to be a delinquent child for committing an	108
act that would be a felony or an offense of violence if committed	109
by an adult, the date of an entry dismissing the charge, an entry	110
declaring a mistrial of the offense in which the person is	111
discharged, an entry finding that the person or child is not	112
competent to stand trial, or an entry of a nolle prosequi, or the	113
date of any other determination that constitutes final resolution	114
of the case;	115

(e) A statement of the original charge with the section of	116
the Revised Code that was alleged to be violated;	117

(f) If the person or child was convicted, pleaded guilty, or	118
was adjudicated a delinquent child, the sentence or terms of	119
probation imposed or any other disposition of the offender or the	120
delinquent child.	121

If the offense involved the disarming of a law enforcement	122
officer or an attempt to disarm a law enforcement officer, the	123
clerk shall clearly state that fact in the summary, and the	124
superintendent shall ensure that a clear statement of that fact is	125
placed in the bureau's records.	126

(3) The superintendent shall cooperate with and assist	127
sheriffs, chiefs of police, and other law enforcement officers in	128
the establishment of a complete system of criminal identification	129
and in obtaining fingerprints and other means of identification of	130
all persons arrested on a charge of a felony, any crime	131
constituting a misdemeanor on the first offense and a felony on	132
subsequent offenses, or a misdemeanor described in division	133
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	134
Revised Code and of all children under eighteen years of age	135
arrested or otherwise taken into custody for committing an act	136
that would be a felony or an offense of violence if committed by	137
an adult. The superintendent also shall file for record the	138
fingerprint impressions of all persons confined in a county,	139
multicounty, municipal, municipal-county, or multicounty-municipal	140
jail or workhouse, community-based correctional facility, halfway	141
house, alternative residential facility, or state correctional	142
institution for the violation of state laws and of all children	143
under eighteen years of age who are confined in a county,	144
multicounty, municipal, municipal-county, or multicounty-municipal	145
jail or workhouse, community-based correctional facility, halfway	146
house, alternative residential facility, or state correctional	147
institution or in any facility for delinquent children for	148
committing an act that would be a felony or an offense of violence	149
if committed by an adult, and any other information that the	150
superintendent may receive from law enforcement officials of the	151
state and its political subdivisions.	152

(4) The superintendent shall carry out Chapter 2950. of the	153
Revised Code with respect to the registration of persons who are	154
convicted of or plead guilty to a sexually oriented offense or a	155
child-victim oriented offense and with respect to all other duties	156
imposed on the bureau under that chapter.	157

(5) The bureau shall perform centralized recordkeeping	158
functions for criminal history records and services in this state	159
for purposes of the national crime prevention and privacy compact	160
set forth in section 109.571 of the Revised Code and is the	161
criminal history record repository as defined in that section for	162
purposes of that compact. The superintendent or the	163
superintendent's designee is the compact officer for purposes of	164
that compact and shall carry out the responsibilities of the	165
compact officer specified in that compact.	166

(B) The superintendent shall prepare and furnish to every	167
county, multicounty, municipal, municipal-county, or	168
multicounty-municipal jail or workhouse, community-based	169
correctional facility, halfway house, alternative residential	170
facility, or state correctional institution and to every clerk of	171
a court in this state specified in division (A)(2) of this section	172
standard forms for reporting the information required under	173
division (A) of this section. The standard forms that the	174
superintendent prepares pursuant to this division may be in a	175
tangible format, in an electronic format, or in both tangible	176
formats and electronic formats.	177

(C)(1) The superintendent may operate a center for	178
electronic, automated, or other data processing for the storage	179
and retrieval of information, data, and statistics pertaining to	180
criminals and to children under eighteen years of age who are	181
adjudicated delinquent children for committing an act that would	182
be a felony or an offense of violence if committed by an adult,	183
criminal activity, crime prevention, law enforcement, and criminal	184
justice, and may establish and operate a statewide communications	185
network to be known as the Ohio law enforcement gateway to gather	186
and disseminate information, data, and statistics for the use of	187
law enforcement agencies and for other uses specified in this	188
division. The superintendent may gather, store, retrieve, and	189
disseminate information, data, and statistics that pertain to	190
children who are under eighteen years of age and that are gathered	191
pursuant to sections 109.57 to 109.61 of the Revised Code together	192
with information, data, and statistics that pertain to adults and	193
that are gathered pursuant to those sections.	194

(2) The superintendent or the superintendent's designee shall	195
gather information of the nature described in division (C)(1) of	196
this section that pertains to the offense and delinquency history	197
of a person who has been convicted of, pleaded guilty to, or been	198
adjudicated a delinquent child for committing a sexually oriented	199
offense or a child-victim oriented offense for inclusion in the	200
state registry of sex offenders and child-victim offenders	201
maintained pursuant to division (A)(1) of section 2950.13 of the	202
Revised Code and in the internet database operated pursuant to	203
division (A)(13) of that section and for possible inclusion in the	204
internet database operated pursuant to division (A)(11) of that	205
section.	206

(3) In addition to any other authorized use of information,	207
data, and statistics of the nature described in division (C)(1) of	208
this section, the superintendent or the superintendent's designee	209
may provide and exchange the information, data, and statistics	210
pursuant to the national crime prevention and privacy compact as	211
described in division (A)(5) of this section.	212

(4) The attorney general may adopt rules under Chapter 119.	213
of the Revised Code establishing guidelines for the operation of	214
and participation in the Ohio law enforcement gateway. The rules	215
may include criteria for granting and restricting access to	216
information gathered and disseminated through the Ohio law	217
enforcement gateway. The attorney general shall permit the state	218
medical board and board of nursing to access and view, but not	219
alter, information gathered and disseminated through the Ohio law	220
enforcement gateway.	221

The attorney general may appoint a steering committee to	222
advise the attorney general in the operation of the Ohio law	223
enforcement gateway that is comprised of persons who are	224
representatives of the criminal justice agencies in this state	225
that use the Ohio law enforcement gateway and is chaired by the	226
superintendent or the superintendent's designee.	227

(D)(1) The following are not public records under section	228
149.43 of the Revised Code:	229

(a) Information and materials furnished to the superintendent	230
pursuant to division (A) of this section;	231

(b) Information, data, and statistics gathered or	232
disseminated through the Ohio law enforcement gateway pursuant to	233
division (C)(1) of this section;	234

(c) Information and materials furnished to any board or	235
person under division (F) or (G) of this section.	236

(2) The superintendent or the superintendent's designee shall	237
gather and retain information so furnished under division (A) of	238
this section that pertains to the offense and delinquency history	239
of a person who has been convicted of, pleaded guilty to, or been	240
adjudicated a delinquent child for committing a sexually oriented	241
offense or a child-victim oriented offense for the purposes	242
described in division (C)(2) of this section.	243

(E) The attorney general shall adopt rules, in accordance	244
with Chapter 119. of the Revised Code, setting forth the procedure	245
by which a person may receive or release information gathered by	246
the superintendent pursuant to division (A) of this section. A	247
reasonable fee may be charged for this service. If a temporary	248
employment service submits a request for a determination of	249
whether a person the service plans to refer to an employment	250
position has been convicted of or pleaded guilty to an offense	251
listed in division (A)(1), (3), (4), (5), or (6) of section	252
109.572 of the Revised Code, the request shall be treated as a	253
single request and only one fee shall be charged.	254

(F)(1) As used in division (F)(2) of this section, "head	255
start agency" means an entity in this state that has been approved	256
to be an agency for purposes of subchapter II of the "Community	257
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	258
as amended.	259

(2)(a) In addition to or in conjunction with any request that	260
is required to be made under section 109.572, 2151.86, 3301.32,	261
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	262
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	263
Code or that is made under section 3314.41, 3319.392, or 3326.25	264
of the Revised Code, the board of education of any school	265
district; the director of developmental disabilities; any county	266
board of developmental disabilities; any entity under contract	267
with a county board of developmental disabilities; the chief	268
administrator of any chartered nonpublic school; the chief	269
administrator of any home health agency; the chief administrator	270
of or person operating any child day-care center, type A family	271
day-care home, or type B family day-care home licensed or	272
certified under Chapter 5104. of the Revised Code; the	273
administrator of any type C family day-care home certified	274
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	275
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	276
assembly; the chief administrator of any head start agency; the	277
executive director of a public children services agency; a private	278
company described in section 3314.41, 3319.392, or 3326.25 of the	279
Revised Code; or an employer described in division (J)(2) of	280
section 3327.10 of the Revised Code may request that the	281
superintendent of the bureau investigate and determine, with	282
respect to any individual who has applied for employment in any	283
position after October 2, 1989, or any individual wishing to apply	284
for employment with a board of education may request, with regard	285
to the individual, whether the bureau has any information gathered	286
under division (A) of this section that pertains to that	287
individual. On receipt of the request, the superintendent shall	288
determine whether that information exists and, upon request of the	289
person, board, or entity requesting information, also shall	290
request from the federal bureau of investigation any criminal	291
records it has pertaining to that individual. The superintendent	292
or the superintendent's designee also may request criminal history	293
records from other states or the federal government pursuant to	294
the national crime prevention and privacy compact set forth in	295
section 109.571 of the Revised Code. Within thirty days of the	296
date that the superintendent receives a request, the	297
superintendent shall send to the board, entity, or person a report	298
of any information that the superintendent determines exists,	299
including information contained in records that have been sealed	300
under section 2953.32 of the Revised Code, and, within thirty days	301
of its receipt, shall send the board, entity, or person a report	302
of any information received from the federal bureau of	303
investigation, other than information the dissemination of which	304
is prohibited by federal law.	305

(b) When a board of education is required to receive	306
information under this section as a prerequisite to employment of	307
an individual pursuant to section 3319.39 of the Revised Code, it	308
may accept a certified copy of records that were issued by the	309
bureau of criminal identification and investigation and that are	310
presented by an individual applying for employment with the	311
district in lieu of requesting that information itself. In such a	312
case, the board shall accept the certified copy issued by the	313
bureau in order to make a photocopy of it for that individual's	314
employment application documents and shall return the certified	315
copy to the individual. In a case of that nature, a district only	316
shall accept a certified copy of records of that nature within one	317
year after the date of their issuance by the bureau.	318

(c) Notwithstanding division (F)(2)(a) of this section, in	319
the case of a request under section 3319.39, 3319.391, or 3327.10	320
of the Revised Code only for criminal records maintained by the	321
federal bureau of investigation, the superintendent shall not	322
determine whether any information gathered under division (A) of	323
this section exists on the person for whom the request is made.	324

(3) The state board of education may request, with respect to	325
any individual who has applied for employment after October 2,	326
1989, in any position with the state board or the department of	327
education, any information that a school district board of	328
education is authorized to request under division (F)(2) of this	329
section, and the superintendent of the bureau shall proceed as if	330
the request has been received from a school district board of	331
education under division (F)(2) of this section.	332

(4) When the superintendent of the bureau receives a request	333
for information under section 3319.291 of the Revised Code, the	334
superintendent shall proceed as if the request has been received	335
from a school district board of education and shall comply with	336
divisions (F)(2)(a) and (c) of this section.	337

(5) When a recipient of a classroom reading improvement grant	338
paid under section 3301.86 of the Revised Code requests, with	339
respect to any individual who applies to participate in providing	340
any program or service funded in whole or in part by the grant,	341
the information that a school district board of education is	342
authorized to request under division (F)(2)(a) of this section,	343
the superintendent of the bureau shall proceed as if the request	344
has been received from a school district board of education under	345
division (F)(2)(a) of this section.	346

(G) In addition to or in conjunction with any request that is	347
required to be made under section 3701.881, 3712.09, 3721.121, or	348
3722.151 of the Revised Code with respect to an individual who has	349
applied for employment in a position that involves providing	350
direct care to an older adult, the chief administrator of a home	351
health agency, hospice care program, home licensed under Chapter	352
3721. of the Revised Code, adult day-care program operated	353
pursuant to rules adopted under section 3721.04 of the Revised	354
Code, or adult care facility may request that the superintendent	355
of the bureau investigate and determine, with respect to any	356
individual who has applied after January 27, 1997, for employment	357
in a position that does not involve providing direct care to an	358
older adult, whether the bureau has any information gathered under	359
division (A) of this section that pertains to that individual.	360

In addition to or in conjunction with any request that is	361
required to be made under section 173.27 of the Revised Code with	362
respect to an individual who has applied for employment in a	363
position that involves providing ombudsperson services to	364
residents of long-term care facilities or recipients of	365
community-based long-term care services, the state long-term care	366
ombudsperson, ombudsperson's designee, or director of health may	367
request that the superintendent investigate and determine, with	368
respect to any individual who has applied for employment in a	369
position that does not involve providing such ombudsperson	370
services, whether the bureau has any information gathered under	371
division (A) of this section that pertains to that applicant.	372

In addition to or in conjunction with any request that is	373
required to be made under section 173.394 of the Revised Code with	374
respect to an individual who has applied for employment in a	375
position that involves providing direct care to an individual, the	376
chief administrator of a community-based long-term care agency may	377
request that the superintendent investigate and determine, with	378
respect to any individual who has applied for employment in a	379
position that does not involve providing direct care, whether the	380
bureau has any information gathered under division (A) of this	381
section that pertains to that applicant.	382

On receipt of a request under this division, the	383
superintendent shall determine whether that information exists	384
and, on request of the individual requesting information, shall	385
also request from the federal bureau of investigation any criminal	386
records it has pertaining to the applicant. The superintendent or	387
the superintendent's designee also may request criminal history	388
records from other states or the federal government pursuant to	389
the national crime prevention and privacy compact set forth in	390
section 109.571 of the Revised Code. Within thirty days of the	391
date a request is received, the superintendent shall send to the	392
requester a report of any information determined to exist,	393
including information contained in records that have been sealed	394
under section 2953.32 of the Revised Code, and, within thirty days	395
of its receipt, shall send the requester a report of any	396
information received from the federal bureau of investigation,	397
other than information the dissemination of which is prohibited by	398
federal law.	399

(H) Information obtained by a government entity or person	400
under this section is confidential and shall not be released or	401
disseminated.	402

(I) The superintendent may charge a reasonable fee for	403
providing information or criminal records under division (F)(2) or	404
(G) of this section.	405

(J) As used in this section, "sexually oriented offense" and	406
"child-victim oriented offense" have the same meanings as in	407
section 2950.01 of the Revised Code.	408

Sec. 109.90. (A) The attorney general shall collaborate with	409
the state board of pharmacy and director of alcohol and drug	410
addiction services in the establishment and administration of a	411
drug take-back program, as provided under section 4729.69 of the	412
Revised Code. The office of the attorney general is solely	413
responsible for the costs incurred in the establishment and	414
administration of the program.	415

(B) The attorney general may accept grants, gifts, or	416
donations for purposes of the program. Money received under this	417
division or section 3793.22 or 4729.69 of the Revised Code shall	418
be deposited into the state treasury to the credit of the drug	419
take-back program fund, which is hereby created. Money credited to	420
the fund shall be used solely for purposes of the program.	421

Sec. 313.212. If the coroner determines that a drug overdose	422
is the cause of death of a person, the coroner may provide a	423
notice of the death to the state medical board. The coroner may	424
include in the notice any information relating to the drug that	425
resulted in the overdose, including the individual authorized	426
under Chapter 4731. of the Revised Code to practice medicine or	427
surgery, osteopathic medicine or surgery, or podiatric medicine or	428
surgery who prescribed the drug to the decedent.	429

Sec. 3719.031. If the state board of pharmacy determines that	430
there is clear and convincing evidence that the method used by a	431
wholesaler of controlled substances licensed under section	432
3719.021 of the Revised Code to distribute controlled substances	433
presents a danger of immediate and serious harm to others, the	434
board may suspend the wholesaler's license without a hearing. The	435
board shall follow the procedure for suspension without a prior	436
hearing in section 119.07 of the Revised Code. The suspension	437
shall remain in effect, unless removed by the board, until the	438
board's final adjudication order becomes effective, except that if	439
the board does not issue its final adjudication order within	440
ninety days after the hearing, the suspension shall be void on the	441
ninety-first day after the suspension.	442

Sec. 3719.08.  (A) Whenever a manufacturer sells a controlled	443
substance, and whenever a wholesaler sells a controlled substance	444
in a package the wholesaler has prepared, the manufacturer or	445
wholesaler shall securely affix to each package in which the	446
controlled substance is contained a label showing in legible	447
English the name and address of the vendor and the quantity, kind,	448
and form of controlled substance contained therein. No person,	449
except a pharmacist for the purpose of dispensing a controlled	450
substance upon a prescription shall alter, deface, or remove any	451
label so affixed.	452

(B) Except as provided in division (C) of this section, when	453
a pharmacist dispenses any controlled substance on a prescription	454
for use by a patient, or supplies a controlled substance to a	455
licensed health professional authorized to prescribe drugs for use	456
by the professional in personally furnishing patients with	457
controlled substances, the pharmacist shall affix to the container	458
in which the controlled substance is dispensed or supplied a label	459
showing the following:	460

(1) The name and address of the pharmacy dispensing or	461
supplying the controlled substance;	462

(2) The name of the patient for whom the controlled substance	463
is prescribed and, if the patient is an animal, the name of the	464
owner and the species of the animal;	465

(3) The name of the prescriber;

466

(4) All directions for use stated on the prescription or	467
provided by the prescriber;	468

(5) The date on which the controlled substance was dispensed	469
or supplied;	470

(6) The name, quantity, and strength of the controlled	471
substance and, if applicable, the name of the distributor or	472
manufacturer.	473

(C) The requirements of division (B) of this section do not	474
apply when a controlled substance is prescribed or supplied for	475
administration to an ultimate user who is institutionalized.	476

(D) A licensed health professional authorized to prescribe	477
drugs who personally furnishes a controlled substance to a patient	478
shall comply with division (B)(A) of section 4729.294729.291 of	479
the Revised Code with respect to labeling and packaging of the	480
controlled substance.	481

(E) No person shall alter, deface, or remove any label	482
affixed pursuant to this section as long as any of the original	483
contents remain.	484

(F) Every label for a schedule II, III, or IV controlled	485
substance shall contain the following warning:	486

"Caution: federal law prohibits the transfer of this drug to	487
any person other than the patient for whom it was prescribed."	488

Sec. 3793.22. (A) The director of alcohol and drug addiction	489
services shall collaborate with the state board of pharmacy and	490
attorney general in the establishment and administration of a drug	491
take-back program, as provided under section 4729.69 of the	492
Revised Code.	493

(B) The department may accept grants, gifts, or donations for	494
purposes of the program. Money received under this division shall	495
be deposited into the drug take-back program fund established	496
under section 109.90 of the Revised Code.	497

Sec. 4121.50. Not later than July 1, 2012, the administrator	498
of workers' compensation shall adopt rules in accordance with	499
Chapter 119. of the Revised Code to implement a coordinated	500
services program for claimants under this chapter or Chapter	501
4123., 4127., or 4131. of the Revised Code who are found to have	502
obtained prescription drugs that were reimbursed pursuant to an	503
order of the administrator or of the industrial commission or by a	504
self-insuring employer but were obtained at a frequency or in an	505
amount that is not medically necessary. The program shall be	506
implemented in a manner that is substantially similar to the	507
coordinated services programs established for the medicaid program	508
under section 5111.085 and 5111.179 of the Revised Code.	509

Sec. 4715.30.  (A) An applicant for or holder of a	510
certificate or license issued under this chapter is subject to	511
disciplinary action by the state dental board for any of the	512
following reasons:	513

(1) Employing or cooperating in fraud or material deception	514
in applying for or obtaining a license or certificate;	515

(2) Obtaining or attempting to obtain money or anything of	516
value by intentional misrepresentation or material deception in	517
the course of practice;	518

(3) Advertising services in a false or misleading manner or	519
violating the board's rules governing time, place, and manner of	520
advertising;	521

(4) Conviction of a misdemeanor committed in the course of	522
practice or of any felony;	523

(5) Engaging in lewd or immoral conduct in connection with	524
the provision of dental services;	525

(6) Selling, prescribing, giving away, or administering drugs	526
for other than legal and legitimate therapeutic purposes, or	527
conviction of violating any law of this state or the federal	528
government regulating the possession, distribution, or use of any	529
drug;	530

(7) Providing or allowing dental hygienists, expanded	531
function dental auxiliaries, or other practitioners of auxiliary	532
dental occupations working under the certificate or license	533
holder's supervision, or a dentist holding a temporary limited	534
continuing education license under division (C) of section 4715.16	535
of the Revised Code working under the certificate or license	536
holder's direct supervision, to provide dental care that departs	537
from or fails to conform to accepted standards for the profession,	538
whether or not injury to a patient results;	539

(8) Inability to practice under accepted standards of the	540
profession because of physical or mental disability, dependence on	541
alcohol or other drugs, or excessive use of alcohol or other	542
drugs;	543

(9) Violation of any provision of this chapter or any rule	544
adopted thereunder;	545

(10) Failure to use universal blood and body fluid	546
precautions established by rules adopted under section 4715.03 of	547
the Revised Code;	548

(11) Waiving the payment of all or any part of a deductible	549
or copayment that a patient, pursuant to a health insurance or	550
health care policy, contract, or plan that covers dental services,	551
would otherwise be required to pay if the waiver is used as an	552
enticement to a patient or group of patients to receive health	553
care services from that provider.;	554

(12) Advertising that the certificate or license holder will	555
waive the payment of all or any part of a deductible or copayment	556
that a patient, pursuant to a health insurance or health care	557
policy, contract, or plan that covers dental services, would	558
otherwise be required to pay;	559

(13) Failure to comply with section 4729.79 of the Revised	560
Code, unless the state board of pharmacy no longer maintains a	561
drug database pursuant to section 4729.75 of the Revised Code.	562

(B) A manager, proprietor, operator, or conductor of a dental	563
facility shall be subject to disciplinary action if any dentist,	564
dental hygienist, expanded function dental auxiliary, or qualified	565
personnel providing services in the facility is found to have	566
committed a violation listed in division (A) of this section and	567
the manager, proprietor, operator, or conductor knew of the	568
violation and permitted it to occur on a recurring basis.	569

(C) Subject to Chapter 119. of the Revised Code, the board	570
may take one or more of the following disciplinary actions if one	571
or more of the grounds for discipline listed in divisions (A) and	572
(B) of this section exist:	573

(1) Censure the license or certificate holder;

574

(2) Place the license or certificate on probationary status	575
for such period of time the board determines necessary and require	576
the holder to:	577

(a) Report regularly to the board upon the matters which are	578
the basis of probation;	579

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

580

(c) Continue or renew professional education until a	581
satisfactory degree of knowledge or clinical competency has been	582
attained in specified areas.	583

(3) Suspend the certificate or license;

584

(4) Revoke the certificate or license.

585

Where the board places a holder of a license or certificate	586
on probationary status pursuant to division (C)(2) of this	587
section, the board may subsequently suspend or revoke the license	588
or certificate if it determines that the holder has not met the	589
requirements of the probation or continues to engage in activities	590
that constitute grounds for discipline pursuant to division (A) or	591
(B) of this section.	592

Any order suspending a license or certificate shall state the	593
conditions under which the license or certificate will be	594
restored, which may include a conditional restoration during which	595
time the holder is in a probationary status pursuant to division	596
(C)(2) of this section. The board shall restore the license or	597
certificate unconditionally when such conditions are met.	598

(D) If the physical or mental condition of an applicant or a	599
license or certificate holder is at issue in a disciplinary	600
proceeding, the board may order the license or certificate holder	601
to submit to reasonable examinations by an individual designated	602
or approved by the board and at the board's expense. The physical	603
examination may be conducted by any individual authorized by the	604
Revised Code to do so, including a physician assistant, a clinical	605
nurse specialist, a certified nurse practitioner, or a certified	606
nurse-midwife. Any written documentation of the physical	607
examination shall be completed by the individual who conducted the	608
examination.	609

Failure to comply with an order for an examination shall be	610
grounds for refusal of a license or certificate or summary	611
suspension of a license or certificate under division (E) of this	612
section.	613

(E) If the board has reason to believe that a license or	614
certificate holder represents a clear and immediate danger to the	615
public health and safety if the holder is allowed to continue to	616
practice, or if the holder has failed to comply with an order	617
under division (D) of this section, the board may apply to the	618
court of common pleas of the county in which the holder resides	619
for an order temporarily suspending the holder's license or	620
certificate, without a prior hearing being afforded by the board,	621
until the board conducts an adjudication hearing pursuant to	622
Chapter 119. of the Revised Code. If the court temporarily	623
suspends a holder's license or certificate, the board shall give	624
written notice of the suspension personally or by certified mail	625
to the license or certificate holder. Such notice shall include	626
specific facts and reasons for finding a clear and immediate	627
danger to the public health and safety and shall inform the	628
license or certificate holder of the right to a hearing pursuant	629
to Chapter 119. of the Revised Code.	630

(F) Any holder of a certificate or license issued under this	631
chapter who has pleaded guilty to, has been convicted of, or has	632
had a judicial finding of eligibility for intervention in lieu of	633
conviction entered against the holder in this state for aggravated	634
murder, murder, voluntary manslaughter, felonious assault,	635
kidnapping, rape, sexual battery, gross sexual imposition,	636
aggravated arson, aggravated robbery, or aggravated burglary, or	637
who has pleaded guilty to, has been convicted of, or has had a	638
judicial finding of eligibility for treatment or intervention in	639
lieu of conviction entered against the holder in another	640
jurisdiction for any substantially equivalent criminal offense, is	641
automatically suspended from practice under this chapter in this	642
state and any certificate or license issued to the holder under	643
this chapter is automatically suspended, as of the date of the	644
guilty plea, conviction, or judicial finding, whether the	645
proceedings are brought in this state or another jurisdiction.	646
Continued practice by an individual after the suspension of the	647
individual's certificate or license under this division shall be	648
considered practicing without a certificate or license. The board	649
shall notify the suspended individual of the suspension of the	650
individual's certificate or license under this division by	651
certified mail or in person in accordance with section 119.07 of	652
the Revised Code. If an individual whose certificate or license is	653
suspended under this division fails to make a timely request for	654
an adjudicatory hearing, the board shall enter a final order	655
revoking the individual's certificate or license.	656

(G) Notwithstanding divisions (A)(11) and (12) of this	657
section, sanctions shall not be imposed against any licensee who	658
waives deductibles and copayments:	659

(1) In compliance with the health benefit plan that expressly	660
allows such a practice. Waiver of the deductibles or copayments	661
shall be made only with the full knowledge and consent of the plan	662
purchaser, payer, and third-party administrator. Such consent	663
shall be made available to the board upon request.	664

(2) For professional services rendered to any other person	665
licensed pursuant to this chapter to the extent allowed by this	666
chapter and the rules of the board.	667

(H) In no event shall the board consider or raise during a	668
hearing required by Chapter 119. of the Revised Code the	669
circumstances of, or the fact that the board has received, one or	670
more complaints about a person unless the one or more complaints	671
are the subject of the hearing or resulted in the board taking an	672
action authorized by this section against the person on a prior	673
occasion.	674

Sec. 4715.302. (A) As used in this section, "drug database"	675
means the database established and maintained by the state board	676
of pharmacy pursuant to section 4729.75 of the Revised Code.	677

(B) The state dental board shall adopt rules in accordance	678
with Chapter 119. of the Revised Code that establish standards and	679
procedures to be followed by a dentist regarding the review of	680
patient information available through the drug database.	681

(C) This section and the rules adopted under it do not apply	682
if the state board of pharmacy no longer maintains the drug	683
database.	684

Sec. 4723.064. The board of nursing may access and view, but	685
not alter, information gathered and disseminated through the Ohio	686
law enforcement gateway established under section 109.57 of the	687
Revised Code.	688

Sec. 4723.28.  (A) The board of nursing, by a vote of a	689
quorum, may revoke or may refuse to grant a nursing license,	690
certificate of authority, or dialysis technician certificate to a	691
person found by the board to have committed fraud in passing an	692
examination required to obtain the license, certificate of	693
authority, or dialysis technician certificate or to have committed	694
fraud, misrepresentation, or deception in applying for or securing	695
any nursing license, certificate of authority, or dialysis	696
technician certificate issued by the board.	697

(B) Subject to division (N) of this section, the board of	698
nursing, by a vote of a quorum, may impose one or more of the	699
following sanctions: deny, revoke, suspend, or place restrictions	700
on any nursing license, certificate of authority, or dialysis	701
technician certificate issued by the board; reprimand or otherwise	702
discipline a holder of a nursing license, certificate of	703
authority, or dialysis technician certificate; or impose a fine of	704
not more than five hundred dollars per violation. The sanctions	705
may be imposed for any of the following:	706

(1) Denial, revocation, suspension, or restriction of	707
authority to practice a health care occupation, including nursing	708
or practice as a dialysis technician, for any reason other than a	709
failure to renew, in Ohio or another state or jurisdiction;	710

(2) Engaging in the practice of nursing or engaging in	711
practice as a dialysis technician, having failed to renew a	712
nursing license or dialysis technician certificate issued under	713
this chapter, or while a nursing license or dialysis technician	714
certificate is under suspension;	715

(3) Conviction of, a plea of guilty to, a judicial finding of	716
guilt of, a judicial finding of guilt resulting from a plea of no	717
contest to, or a judicial finding of eligibility for intervention	718
in lieu of conviction for, a misdemeanor committed in the course	719
of practice;	720

(4) Conviction of, a plea of guilty to, a judicial finding of	721
guilt of, a judicial finding of guilt resulting from a plea of no	722
contest to, or a judicial finding of eligibility for intervention	723
in lieu of conviction for, any felony or of any crime involving	724
gross immorality or moral turpitude;	725

(5) Selling, giving away, or administering drugs or	726
therapeutic devices for other than legal and legitimate	727
therapeutic purposes; or conviction of, a plea of guilty to, a	728
judicial finding of guilt of, a judicial finding of guilt	729
resulting from a plea of no contest to, or a judicial finding of	730
eligibility for intervention in lieu of conviction for, violating	731
any municipal, state, county, or federal drug law;	732

(6) Conviction of, a plea of guilty to, a judicial finding of	733
guilt of, a judicial finding of guilt resulting from a plea of no	734
contest to, or a judicial finding of eligibility for intervention	735
in lieu of conviction for, an act in another jurisdiction that	736
would constitute a felony or a crime of moral turpitude in Ohio;	737

(7) Conviction of, a plea of guilty to, a judicial finding of	738
guilt of, a judicial finding of guilt resulting from a plea of no	739
contest to, or a judicial finding of eligibility for intervention	740
in lieu of conviction for, an act in the course of practice in	741
another jurisdiction that would constitute a misdemeanor in Ohio;	742

(8) Self-administering or otherwise taking into the body any	743
dangerous drug, as defined in section 4729.01 of the Revised Code,	744
in any way not in accordance with a legal, valid prescription	745
issued for that individual;	746

(9) Habitual indulgence in the use of controlled substances,	747
other habit-forming drugs, or alcohol or other chemical substances	748
to an extent that impairs ability to practice;	749

(10) Impairment of the ability to practice according to	750
acceptable and prevailing standards of safe nursing care because	751
of habitual or excessive use of drugs, alcohol, or other chemical	752
substances that impair the ability to practice;	753

(11) Impairment of the ability to practice according to	754
acceptable and prevailing standards of safe nursing care because	755
of a physical or mental disability;	756

(12) Assaulting or causing harm to a patient or depriving a	757
patient of the means to summon assistance;	758

(13) Obtaining or attempting to obtain money or anything of	759
value by intentional misrepresentation or material deception in	760
the course of practice;	761

(14) Adjudication by a probate court of being mentally ill or	762
mentally incompetent. The board may restore the person's nursing	763
license or dialysis technician certificate upon adjudication by a	764
probate court of the person's restoration to competency or upon	765
submission to the board of other proof of competency.	766

(15) The suspension or termination of employment by the	767
department of defense or the veterans administration of the United	768
States for any act that violates or would violate this chapter;	769

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

770

(17) Violation of any restrictions placed on a nursing	771
license or dialysis technician certificate by the board;	772

(18) Failure to use universal blood and body fluid	773
precautions established by rules adopted under section 4723.07 of	774
the Revised Code;	775

(19) Failure to practice in accordance with acceptable and	776
prevailing standards of safe nursing care or safe dialysis care;	777

(20) In the case of a registered nurse, engaging in	778
activities that exceed the practice of nursing as a registered	779
nurse;	780

(21) In the case of a licensed practical nurse, engaging in	781
activities that exceed the practice of nursing as a licensed	782
practical nurse;	783

(22) In the case of a dialysis technician, engaging in	784
activities that exceed those permitted under section 4723.72 of	785
the Revised Code;	786

(23) Aiding and abetting a person in that person's practice	787
of nursing without a license or practice as a dialysis technician	788
without a certificate issued under this chapter;	789

(24) In the case of a certified registered nurse anesthetist,	790
clinical nurse specialist, certified nurse-midwife, or certified	791
nurse practitioner, except as provided in division (M) of this	792
section, either of the following:	793

(a) Waiving the payment of all or any part of a deductible or	794
copayment that a patient, pursuant to a health insurance or health	795
care policy, contract, or plan that covers such nursing services,	796
would otherwise be required to pay if the waiver is used as an	797
enticement to a patient or group of patients to receive health	798
care services from that provider;	799

(b) Advertising that the nurse will waive the payment of all	800
or any part of a deductible or copayment that a patient, pursuant	801
to a health insurance or health care policy, contract, or plan	802
that covers such nursing services, would otherwise be required to	803
pay.	804

(25) Failure to comply with the terms and conditions of	805
participation in the chemical dependency monitoring program	806
established under section 4723.35 of the Revised Code;	807

(26) Failure to comply with the terms and conditions required	808
under the practice intervention and improvement program	809
established under section 4723.282 of the Revised Code;	810

(27) In the case of a certified registered nurse anesthetist,	811
clinical nurse specialist, certified nurse-midwife, or certified	812
nurse practitioner:	813

(a) Engaging in activities that exceed those permitted for	814
the nurse's nursing specialty under section 4723.43 of the Revised	815
Code;	816

(b) Failure to meet the quality assurance standards	817
established under section 4723.07 of the Revised Code.	818

(28) In the case of a clinical nurse specialist, certified	819
nurse-midwife, or certified nurse practitioner, failure to	820
maintain a standard care arrangement in accordance with section	821
4723.431 of the Revised Code or to practice in accordance with the	822
standard care arrangement;	823

(29) In the case of a clinical nurse specialist, certified	824
nurse-midwife, or certified nurse practitioner who holds a	825
certificate to prescribe issued under section 4723.48 of the	826
Revised Code, failure to prescribe drugs and therapeutic devices	827
in accordance with section 4723.481 of the Revised Code;	828

(30) Prescribing any drug or device to perform or induce an	829
abortion, or otherwise performing or inducing an abortion;	830

(31) Failure to establish and maintain professional	831
boundaries with a patient, as specified in rules adopted under	832
section 4723.07 of the Revised Code;	833

(32) Regardless of whether the contact or verbal behavior is	834
consensual, engaging with a patient other than the spouse of the	835
registered nurse, licensed practical nurse, or dialysis technician	836
in any of the following:	837

(a) Sexual contact, as defined in section 2907.01 of the	838
Revised Code;	839

(b) Verbal behavior that is sexually demeaning to the patient	840
or may be reasonably interpreted by the patient as sexually	841
demeaning.	842

(33) Assisting suicide as defined in section 3795.01 of the	843
Revised Code.	844

(C) Disciplinary actions taken by the board under divisions	845
(A) and (B) of this section shall be taken pursuant to an	846
adjudication conducted under Chapter 119. of the Revised Code,	847
except that in lieu of a hearing, the board may enter into a	848
consent agreement with an individual to resolve an allegation of a	849
violation of this chapter or any rule adopted under it. A consent	850
agreement, when ratified by a vote of a quorum, shall constitute	851
the findings and order of the board with respect to the matter	852
addressed in the agreement. If the board refuses to ratify a	853
consent agreement, the admissions and findings contained in the	854
agreement shall be of no effect.	855

(D) The hearings of the board shall be conducted in	856
accordance with Chapter 119. of the Revised Code, the board may	857
appoint a hearing examiner, as provided in section 119.09 of the	858
Revised Code, to conduct any hearing the board is authorized to	859
hold under Chapter 119. of the Revised Code.	860

In any instance in which the board is required under Chapter	861
119. of the Revised Code to give notice of an opportunity for a	862
hearing and the applicant or license holder does not make a timely	863
request for a hearing in accordance with section 119.07 of the	864
Revised Code, the board is not required to hold a hearing, but may	865
adopt, by a vote of a quorum, a final order that contains the	866
board's findings. In the final order, the board may order any of	867
the sanctions listed in division (A) or (B) of this section.	868

(E) If a criminal action is brought against a registered	869
nurse, licensed practical nurse, or dialysis technician for an act	870
or crime described in divisions (B)(3) to (7) of this section and	871
the action is dismissed by the trial court other than on the	872
merits, the board shall conduct an adjudication to determine	873
whether the registered nurse, licensed practical nurse, or	874
dialysis technician committed the act on which the action was	875
based. If the board determines on the basis of the adjudication	876
that the registered nurse, licensed practical nurse, or dialysis	877
technician committed the act, or if the registered nurse, licensed	878
practical nurse, or dialysis technician fails to participate in	879
the adjudication, the board may take action as though the	880
registered nurse, licensed practical nurse, or dialysis technician	881
had been convicted of the act.	882

If the board takes action on the basis of a conviction, plea,	883
or a judicial finding as described in divisions (B)(3) to (7) of	884
this section that is overturned on appeal, the registered nurse,	885
licensed practical nurse, or dialysis technician may, on	886
exhaustion of the appeal process, petition the board for	887
reconsideration of its action. On receipt of the petition and	888
supporting court documents, the board shall temporarily rescind	889
its action. If the board determines that the decision on appeal	890
was a decision on the merits, it shall permanently rescind its	891
action. If the board determines that the decision on appeal was	892
not a decision on the merits, it shall conduct an adjudication to	893
determine whether the registered nurse, licensed practical nurse,	894
or dialysis technician committed the act on which the original	895
conviction, plea, or judicial finding was based. If the board	896
determines on the basis of the adjudication that the registered	897
nurse, licensed practical nurse, or dialysis technician committed	898
such act, or if the registered nurse, licensed practical nurse, or	899
dialysis technician does not request an adjudication, the board	900
shall reinstate its action; otherwise, the board shall permanently	901
rescind its action.	902

Notwithstanding the provision of division (C)(2) of section	903
2953.32 of the Revised Code specifying that if records pertaining	904
to a criminal case are sealed under that section the proceedings	905
in the case shall be deemed not to have occurred, sealing of the	906
records of a conviction on which the board has based an action	907
under this section shall have no effect on the board's action or	908
any sanction imposed by the board under this section.	909

The board shall not be required to seal, destroy, redact, or	910
otherwise modify its records to reflect the court's sealing of	911
conviction records.	912

(F) The board may investigate an individual's criminal	913
background in performing its duties under this section.	914

(G) During the course of an investigation conducted under	915
this section, the board may compel any registered nurse, licensed	916
practical nurse, or dialysis technician or applicant under this	917
chapter to submit to a mental or physical examination, or both, as	918
required by the board and at the expense of the individual, if the	919
board finds reason to believe that the individual under	920
investigation may have a physical or mental impairment that may	921
affect the individual's ability to provide safe nursing care.	922
Failure of any individual to submit to a mental or physical	923
examination when directed constitutes an admission of the	924
allegations, unless the failure is due to circumstances beyond the	925
individual's control, and a default and final order may be entered	926
without the taking of testimony or presentation of evidence.	927

If the board finds that an individual is impaired, the board	928
shall require the individual to submit to care, counseling, or	929
treatment approved or designated by the board, as a condition for	930
initial, continued, reinstated, or renewed authority to practice.	931
The individual shall be afforded an opportunity to demonstrate to	932
the board that the individual can begin or resume the individual's	933
occupation in compliance with acceptable and prevailing standards	934
of care under the provisions of the individual's authority to	935
practice.	936

For purposes of this division, any registered nurse, licensed	937
practical nurse, or dialysis technician or applicant under this	938
chapter shall be deemed to have given consent to submit to a	939
mental or physical examination when directed to do so in writing	940
by the board, and to have waived all objections to the	941
admissibility of testimony or examination reports that constitute	942
a privileged communication.	943

(H) The board shall investigate evidence that appears to show	944
that any person has violated any provision of this chapter or any	945
rule of the board. Any person may report to the board any	946
information the person may have that appears to show a violation	947
of any provision of this chapter or rule of the board. In the	948
absence of bad faith, any person who reports such information or	949
who testifies before the board in any adjudication conducted under	950
Chapter 119. of the Revised Code shall not be liable for civil	951
damages as a result of the report or testimony.	952

(I) All of the following apply under this chapter with	953
respect to the confidentiality of information:	954

(1) Information received by the board pursuant to an	955
investigation is confidential and not subject to discovery in any	956
civil action, except that the board may disclose information to	957
law enforcement officers and government entities investigating	958
either a licensed health care professional, including a registered	959
nurse, licensed practical nurse, or dialysis technician, or a	960
person who may have engaged in the unauthorized practice of	961
nursing. No law enforcement officer or government entity with	962
knowledge of any information disclosed by the board pursuant to	963
this division shall divulge the information to any other person or	964
government entity except for the purpose of a government	965
investigation, a prosecution, or an adjudication by a court or	966
licensing or registration board or officer to which the person to	967
whom the information relates is a partygovernment entity.	968

(2) If an investigation requires a review of patient records,	969
the investigation and proceeding shall be conducted in such a	970
manner as to protect patient confidentiality.	971

(3) All adjudications and investigations of the board shall	972
be considered civil actions for the purposes of section 2305.252	973
of the Revised Code.	974

(4) Any board activity that involves continued monitoring of	975
an individual as part of or following any disciplinary action	976
taken under this section shall be conducted in a manner that	977
maintains the individual's confidentiality. Information received	978
or maintained by the board with respect to the board's monitoring	979
activities is confidential and not subject to discovery in any	980
civil action.	981

(J) Any action taken by the board under this section	982
resulting in a suspension from practice shall be accompanied by a	983
written statement of the conditions under which the person may be	984
reinstated to practice.	985

(K) When the board refuses to grant a license or certificate	986
to an applicant, revokes a license or certificate, or refuses to	987
reinstate a license or certificate, the board may specify that its	988
action is permanent. An individual subject to permanent action	989
taken by the board is forever ineligible to hold a license or	990
certificate of the type that was refused or revoked and the board	991
shall not accept from the individual an application for	992
reinstatement of the license or certificate or for a new license	993
or certificate.	994

(L) No unilateral surrender of a nursing license, certificate	995
of authority, or dialysis technician certificate issued under this	996
chapter shall be effective unless accepted by majority vote of the	997
board. No application for a nursing license, certificate of	998
authority, or dialysis technician certificate issued under this	999
chapter may be withdrawn without a majority vote of the board. The	1000
board's jurisdiction to take disciplinary action under this	1001
section is not removed or limited when an individual has a license	1002
or certificate classified as inactive or fails to renew a license	1003
or certificate.	1004

(M) Sanctions shall not be imposed under division (B)(24) of	1005
this section against any licensee who waives deductibles and	1006
copayments as follows:	1007

(1) In compliance with the health benefit plan that expressly	1008
allows such a practice. Waiver of the deductibles or copayments	1009
shall be made only with the full knowledge and consent of the plan	1010
purchaser, payer, and third-party administrator. Documentation of	1011
the consent shall be made available to the board upon request.	1012

(2) For professional services rendered to any other person	1013
licensed pursuant to this chapter to the extent allowed by this	1014
chapter and the rules of the board.	1015

(N)(1) Any person who enters a prelicensure nursing education	1016
program on or after June 1, 2003, and who subsequently applies	1017
under division (A) of section 4723.09 of the Revised Code for	1018
licensure to practice as a registered nurse or as a licensed	1019
practical nurse and any person who applies under division (B) of	1020
that section for license by endorsement to practice nursing as a	1021
registered nurse or as a licensed practical nurse shall submit a	1022
request to the bureau of criminal identification and investigation	1023
for the bureau to conduct a criminal records check of the	1024
applicant and to send the results to the board, in accordance with	1025
section 4723.09 of the Revised Code.	1026

The board shall refuse to grant a license to practice nursing	1027
as a registered nurse or as a licensed practical nurse under	1028
section 4723.09 of the Revised Code to a person who entered a	1029
prelicensure nursing education program on or after June 1, 2003,	1030
and applied under division (A) of section 4723.09 of the Revised	1031
Code for the license or a person who applied under division (B) of	1032
that section for the license, if the criminal records check	1033
performed in accordance with division (C) of that section	1034
indicates that the person has pleaded guilty to, been convicted	1035
of, or has had a judicial finding of guilt for violating section	1036
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1037
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1038
substantially similar law of another state, the United States, or	1039
another country.	1040

(2) Any person who enters a dialysis training program on or	1041
after June 1, 2003, and who subsequently applies for a certificate	1042
to practice as a dialysis technician shall submit a request to the	1043
bureau of criminal identification and investigation for the bureau	1044
to conduct a criminal records check of the applicant and to send	1045
the results to the board, in accordance with section 4723.75 of	1046
the Revised Code.	1047

The board shall refuse to issue a certificate to practice as	1048
a dialysis technician under section 4723.75 of the Revised Code to	1049
a person who entered a dialysis training program on or after June	1050
1, 2003, and whose criminal records check performed in accordance	1051
with division (C) of that section indicates that the person has	1052
pleaded guilty to, been convicted of, or has had a judicial	1053
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1054
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1055
2911.11 of the Revised Code or a substantially similar law of	1056
another state, the United States, or another country.	1057

Sec. 4723.487. (A) As used in this section, "drug database"	1058
means the database established and maintained by the state board	1059
of pharmacy pursuant to section 4729.75 of the Revised Code.	1060

(B) The board of nursing shall adopt rules in accordance with	1061
Chapter 119. of the Revised Code that establish standards and	1062
procedures to be followed by an advanced practice nurse with a	1063
certificate to prescribe issued under section 4723.48 of the	1064
Revised Code regarding the review of patient information available	1065
through the drug database.	1066

(C) This section and the rules adopted under it do not apply	1067
if the state board of pharmacy no longer maintains the drug	1068
database.	1069

Sec. 4725.092. (A) As used in this section, "drug database"	1070
means the database established and maintained by the state board	1071
of pharmacy pursuant to section 4729.75 of the Revised Code.	1072

(B) The state board of optometry shall adopt rules in	1073
accordance with Chapter 119. of the Revised Code that establish	1074
standards and procedures to be followed by an optometrist who	1075
holds a therapeutic pharmaceutical agents certificate regarding	1076
the review of patient information available through the drug	1077
database.	1078

(C) This section and the rules adopted under it do not apply	1079
if the state board of pharmacy no longer maintains the drug	1080
database.	1081

Sec. 4729.01. As used in this chapter:

1082

(A) "Pharmacy," except when used in a context that refers to	1083
the practice of pharmacy, means any area, room, rooms, place of	1084
business, department, or portion of any of the foregoing where the	1085
practice of pharmacy is conducted.	1086

(B) "Practice of pharmacy" means providing pharmacist care	1087
requiring specialized knowledge, judgment, and skill derived from	1088
the principles of biological, chemical, behavioral, social,	1089
pharmaceutical, and clinical sciences. As used in this division,	1090
"pharmacist care" includes the following:	1091

(1) Interpreting prescriptions;

1092

(2) Dispensing drugs and drug therapy related devices;

1093

(3) Compounding drugs;

1094

(4) Counseling individuals with regard to their drug therapy,	1095
recommending drug therapy related devices, and assisting in the	1096
selection of drugs and appliances for treatment of common diseases	1097
and injuries and providing instruction in the proper use of the	1098
drugs and appliances;	1099

(5) Performing drug regimen reviews with individuals by	1100
discussing all of the drugs that the individual is taking and	1101
explaining the interactions of the drugs;	1102

(6) Performing drug utilization reviews with licensed health	1103
professionals authorized to prescribe drugs when the pharmacist	1104
determines that an individual with a prescription has a drug	1105
regimen that warrants additional discussion with the prescriber;	1106

(7) Advising an individual and the health care professionals	1107
treating an individual with regard to the individual's drug	1108
therapy;	1109

(8) Acting pursuant to a consult agreement with a physician	1110
authorized under Chapter 4731. of the Revised Code to practice	1111
medicine and surgery or osteopathic medicine and surgery, if an	1112
agreement has been established with the physician;	1113

(9) Engaging in the administration of immunizations to the	1114
extent authorized by section 4729.41 of the Revised Code.	1115

(C) "Compounding" means the preparation, mixing, assembling,	1116
packaging, and labeling of one or more drugs in any of the	1117
following circumstances:	1118

(1) Pursuant to a prescription issued by a licensed health	1119
professional authorized to prescribe drugs;	1120

(2) Pursuant to the modification of a prescription made in	1121
accordance with a consult agreement;	1122

(3) As an incident to research, teaching activities, or	1123
chemical analysis;	1124

(4) In anticipation of orders for drugs pursuant to	1125
prescriptions, based on routine, regularly observed dispensing	1126
patterns;	1127

(5) Pursuant to a request made by a licensed health	1128
professional authorized to prescribe drugs for a drug that is to	1129
be used by the professional for the purpose of direct	1130
administration to patients in the course of the professional's	1131
practice, if all of the following apply:	1132

(a) At the time the request is made, the drug is not	1133
commercially available regardless of the reason that the drug is	1134
not available, including the absence of a manufacturer for the	1135
drug or the lack of a readily available supply of the drug from a	1136
manufacturer.	1137

(b) A limited quantity of the drug is compounded and provided	1138
to the professional.	1139

(c) The drug is compounded and provided to the professional	1140
as an occasional exception to the normal practice of dispensing	1141
drugs pursuant to patient-specific prescriptions.	1142

(D) "Consult agreement" means an agreement to manage an	1143
individual's drug therapy that has been entered into by a	1144
pharmacist and a physician authorized under Chapter 4731. of the	1145
Revised Code to practice medicine and surgery or osteopathic	1146
medicine and surgery.	1147

(E) "Drug" means:

1148

(1) Any article recognized in the United States pharmacopoeia	1149
and national formulary, or any supplement to them, intended for	1150
use in the diagnosis, cure, mitigation, treatment, or prevention	1151
of disease in humans or animals;	1152

(2) Any other article intended for use in the diagnosis,	1153
cure, mitigation, treatment, or prevention of disease in humans or	1154
animals;	1155

(3) Any article, other than food, intended to affect the	1156
structure or any function of the body of humans or animals;	1157

(4) Any article intended for use as a component of any	1158
article specified in division (E)(1), (2), or (3) of this section;	1159
but does not include devices or their components, parts, or	1160
accessories.	1161

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

1162

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

1163

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	1164
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	1165
required to bear a label containing the legend "Caution: Federal	1166
law prohibits dispensing without prescription" or "Caution:	1167
Federal law restricts this drug to use by or on the order of a	1168
licensed veterinarian" or any similar restrictive statement, or	1169
the drug may be dispensed only upon a prescription;	1170

(b) Under Chapter 3715. or 3719. of the Revised Code, the	1171
drug may be dispensed only upon a prescription.	1172

(2) Any drug that contains a schedule V controlled substance	1173
and that is exempt from Chapter 3719. of the Revised Code or to	1174
which that chapter does not apply;	1175

(3) Any drug intended for administration by injection into	1176
the human body other than through a natural orifice of the human	1177
body.	1178

(G) "Federal drug abuse control laws" has the same meaning as	1179
in section 3719.01 of the Revised Code.	1180

(H) "Prescription" means a written, electronic, or oral order	1181
for drugs or combinations or mixtures of drugs to be used by a	1182
particular individual or for treating a particular animal, issued	1183
by a licensed health professional authorized to prescribe drugs.	1184

(I) "Licensed health professional authorized to prescribe	1185
drugs" or "prescriber" means an individual who is authorized by	1186
law to prescribe drugs or dangerous drugs or drug therapy related	1187
devices in the course of the individual's professional practice,	1188
including only the following:	1189

(1) A dentist licensed under Chapter 4715. of the Revised	1190
Code;	1191

(2) A clinical nurse specialist, certified nurse-midwife, or	1192
certified nurse practitioner who holds a certificate to prescribe	1193
issued under section 4723.48 of the Revised Code;	1194

(3) An optometrist licensed under Chapter 4725. of the	1195
Revised Code to practice optometry under a therapeutic	1196
pharmaceutical agents certificate;	1197

(4) A physician authorized under Chapter 4731. of the Revised	1198
Code to practice medicine and surgery, osteopathic medicine and	1199
surgery, or podiatrypodiatric medicine and surgery;	1200

(5) A physician assistant who holds a certificate to	1201
prescribe issued under Chapter 4730. of the Revised Code;	1202

(6) A veterinarian licensed under Chapter 4741. of the	1203
Revised Code.	1204

(J) "Sale" and "sell" include delivery, transfer, barter,	1205
exchange, or gift, or offer therefor, and each such transaction	1206
made by any person, whether as principal proprietor, agent, or	1207
employee.	1208

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	1209
which the purpose of the purchaser is to resell the article	1210
purchased or received by the purchaser.	1211

(L) "Retail sale" and "sale at retail" mean any sale other	1212
than a wholesale sale or sale at wholesale.	1213

(M) "Retail seller" means any person that sells any dangerous	1214
drug to consumers without assuming control over and responsibility	1215
for its administration. Mere advice or instructions regarding	1216
administration do not constitute control or establish	1217
responsibility.	1218

(N) "Price information" means the price charged for a	1219
prescription for a particular drug product and, in an easily	1220
understandable manner, all of the following:	1221

(1) The proprietary name of the drug product;

1222

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

1223

(3) The strength of the drug product if the product contains	1224
a single active ingredient or if the drug product contains more	1225
than one active ingredient and a relevant strength can be	1226
associated with the product without indicating each active	1227
ingredient. The established name and quantity of each active	1228
ingredient are required if such a relevant strength cannot be so	1229
associated with a drug product containing more than one	1230
ingredient.	1231

(4) The dosage form;

1232

(5) The price charged for a specific quantity of the drug	1233
product. The stated price shall include all charges to the	1234
consumer, including, but not limited to, the cost of the drug	1235
product, professional fees, handling fees, if any, and a statement	1236
identifying professional services routinely furnished by the	1237
pharmacy. Any mailing fees and delivery fees may be stated	1238
separately without repetition. The information shall not be false	1239
or misleading.	1240

(O) "Wholesale distributor of dangerous drugs" means a person	1241
engaged in the sale of dangerous drugs at wholesale and includes	1242
any agent or employee of such a person authorized by the person to	1243
engage in the sale of dangerous drugs at wholesale.	1244

(P) "Manufacturer of dangerous drugs" means a person, other	1245
than a pharmacist, who manufactures dangerous drugs and who is	1246
engaged in the sale of those dangerous drugs within this state.	1247

(Q) "Terminal distributor of dangerous drugs" means a person	1248
who is engaged in the sale of dangerous drugs at retail, or any	1249
person, other than a wholesale distributor or a pharmacist, who	1250
has possession, custody, or control of dangerous drugs for any	1251
purpose other than for that person's own use and consumption, and	1252
includes pharmacies, hospitals, nursing homes, and laboratories	1253
and all other persons who procure dangerous drugs for sale or	1254
other distribution by or under the supervision of a pharmacist or	1255
licensed health professional authorized to prescribe drugs.	1256

(R) "Promote to the public" means disseminating a	1257
representation to the public in any manner or by any means, other	1258
than by labeling, for the purpose of inducing, or that is likely	1259
to induce, directly or indirectly, the purchase of a dangerous	1260
drug at retail.	1261

(S) "Person" includes any individual, partnership,	1262
association, limited liability company, or corporation, the state,	1263
any political subdivision of the state, and any district,	1264
department, or agency of the state or its political subdivisions.	1265

(T) "Finished dosage form" has the same meaning as in section	1266
3715.01 of the Revised Code.	1267

(U) "Generically equivalent drug" has the same meaning as in	1268
section 3715.01 of the Revised Code.	1269

(V) "Animal shelter" means a facility operated by a humane	1270
society or any society organized under Chapter 1717. of the	1271
Revised Code or a dog pound operated pursuant to Chapter 955. of	1272
the Revised Code.	1273

(W) "Food" has the same meaning as in section 3715.01 of the	1274
Revised Code.	1275

(X) "Pain management clinic" has the same meaning as in	1276
section 4731.054 of the Revised Code.	1277

Sec. 4729.021. The state board of pharmacy may enter into	1278
contracts with private entities for the furtherance of its duties	1279
as set forth in this chapter. When entering into these contracts,	1280
the board may give consideration to entities that are based in	1281
this state.	1282

Any money received by the board as revenue from the contracts	1283
shall be deposited in the state treasury to the credit of the	1284
occupational licensing and regulatory fund. The money may be used	1285
for any purpose determined by the board to be relevant to its	1286
duties, including the establishment and maintenance of a drug	1287
database pursuant to section 4729.75 of the Revised Code.	1288

Sec. 4729.071.  (A) As used in this section, "license" and	1289
"applicant for an initial license" have the same meanings as in	1290
section 4776.01 of the Revised Code, except that "license" as used	1291
in both of those terms refers to the types of authorizations	1292
otherwise issued or conferred under this chapter.	1293

(B) In addition to any other eligibility requirement set	1294
forth in this chapter, each applicant for an initial license shall	1295
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1296
state board of pharmacy shall not grant a license to an applicant	1297
for an initial license unless the applicant complies with sections	1298
4776.01 to 4776.04 of the Revised Code and the board, in its	1299
discretion, decides that the results of the criminal records check	1300
do not make the applicant ineligible for a license issued pursuant	1301
to section 4729.08, 4729.09, or 4729.11, or 4729.552 of the	1302
Revised Code.	1303

Sec. 4729.162. (A) As used in this section, "drug database"	1304
means the database established and maintained by the state board	1305
of pharmacy pursuant to section 4729.75 of the Revised Code.	1306

(B) The state board of pharmacy shall adopt rules in	1307
accordance with Chapter 119. of the Revised Code that establish	1308
standards and procedures to be followed by a pharmacist regarding	1309
the review of patient information available through the drug	1310
database.	1311

(C) This section and the rules adopted under it do not apply	1312
if the board no longer maintains the drug database.	1313

Sec. 4729.29. (A) Divisions (A) and (B) of section 4729.01	1314
and section 4729.28 of the Revised Code do not do eitherany of	1315
the following:	1316

(1)(A) Apply to a licensed health professional authorized to	1317
prescribe drugs or preventwho is acting within the prescriber's	1318
scope of professional practice;	1319

(B) Prevent a prescriber from personally furnishing the	1320
prescriber's patients with drugs, within the prescriber's scope of	1321
professional practice, that seem proper to the prescriber., as	1322
long as the drugs are furnished in accordance with section	1323
4729.291 of the Revised Code;	1324

(2)(C) Apply to the sale of oxygen, peritoneal dialysis	1325
solutions, or the sale of drugs that are not dangerous drugs by a	1326
retail dealer, in original packages when labeled as required by	1327
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	1328
21 U.S.C.A. 301, as amended.	1329

(B) When a prescriber personally furnishes drugs to a patient	1330
pursuant to division (A)(1) of this section, the prescriber shall	1331
ensure that the drugs are labeled and packaged in accordance with	1332
state and federal drug laws and any rules and regulations adopted	1333
pursuant to those laws. Records of purchase and disposition of all	1334
drugs personally furnished to patients shall be maintained by the	1335
prescriber in accordance with state and federal drug statutes and	1336
any rules adopted pursuant to those statutes.	1337

When personally furnishing to a patient RU-486	1338
(mifepristone), a prescriber is subject to section 2919.123 of the	1339
Revised Code. A prescription for RU-486 (mifepristone) shall be in	1340
writing and in accordance with section 2919.123 of the Revised	1341
Code.	1342

Sec. 4729.291.  (A) When a licensed health professional	1343
authorized to prescribe drugs personally furnishes drugs to a	1344
patient pursuant to division (B) of section 4729.29 of the Revised	1345
Code, the prescriber shall ensure that the drugs are labeled and	1346
packaged in accordance with state and federal drug laws and any	1347
rules and regulations adopted pursuant to those laws. Records of	1348
purchase and disposition of all drugs personally furnished to	1349
patients shall be maintained by the prescriber in accordance with	1350
state and federal drug statutes and any rules adopted pursuant to	1351
those statutes.	1352

(B) When personally furnishing to a patient RU-486	1353
(mifepristone), a prescriber is subject to section 2919.123 of the	1354
Revised Code. A prescription for RU-486 (mifepristone) shall be in	1355
writing and in accordance with section 2919.123 of the Revised	1356
Code.	1357

(C)(1) Except as provided in division (C)(2) of this section,	1358
a prescriber may not do either of the following:	1359

(a) In any thirty-day period, personally furnish to all	1360
patients, taken as a whole, controlled substances in an amount	1361
that exceeds a total of two thousand five hundred dosage units;	1362

(b) In any seventy-two-hour period, personally furnish to or	1363
for a patient an amount of a controlled substance that exceeds the	1364
amount necessary for the patient's use in a seventy-two-hour	1365
period.	1366

(2) Division (C)(1) of this section does not apply to either	1367
of the following:	1368

(a) A veterinarian;

1369

(b) The amount of any methadone personally furnished to a	1370
patient by a prescriber for the purpose of treating drug	1371
addiction.	1372

(3) The state board of pharmacy may impose a fine of not more	1373
than five thousand dollars on a prescriber who fails to comply	1374
with the limits established under division (C)(1) of this section.	1375
A separate fine may be imposed for each instance of failing to	1376
comply with the limits. In imposing the fine, the board's actions	1377
shall be taken in accordance with Chapter 119. of the Revised	1378
Code.	1379

Sec. 4729.51.  (A) No person other than a registered	1380
wholesale distributor of dangerous drugs shall possess for sale,	1381
sell, distribute, or deliver, at wholesale, dangerous drugs,	1382
except as follows:	1383

(1) A pharmacist who is a licensed terminal distributor of	1384
dangerous drugs or who is employed by a licensed terminal	1385
distributor of dangerous drugs may make occasional sales of	1386
dangerous drugs at wholesale;	1387

(2) A licensed terminal distributor of dangerous drugs having	1388
more than one establishment or place may transfer or deliver	1389
dangerous drugs from one establishment or place for which a	1390
license has been issued to the terminal distributor to another	1391
establishment or place for which a license has been issued to the	1392
terminal distributor if the license issued for each establishment	1393
or place is in effect at the time of the transfer or delivery.	1394

(B)(1) No registered wholesale distributor of dangerous drugs	1395
shall possess for sale, or sell, at wholesale, dangerous drugs to	1396
any person other than the following:	1397

(a) AExcept as provided in division (B)(3) of this section,	1398
a licensed health professional authorized to prescribe drugs;	1399

(b) An optometrist licensed under Chapter 4725. of the	1400
Revised Code who holds a topical ocular pharmaceutical agents	1401
certificate;	1402

(c) A registered wholesale distributor of dangerous drugs;

1403

(d) A manufacturer of dangerous drugs;

1404

(e) ASubject to division (B)(3) of this section, a licensed	1405
terminal distributor of dangerous drugs, subject to division	1406
(B)(2) of this section;	1407

(f) Carriers or warehousers for the purpose of carriage or	1408
storage;	1409

(g) Terminal or wholesale distributors of dangerous drugs who	1410
are not engaged in the sale of dangerous drugs within this state;	1411

(h) An individual who holds a current license, certificate,	1412
or registration issued under Title 47 of the Revised Code and has	1413
been certified to conduct diabetes education by a national	1414
certifying body specified in rules adopted by the state board of	1415
pharmacy under section 4729.68 of the Revised Code, but only with	1416
respect to insulin that will be used for the purpose of diabetes	1417
education and only if diabetes education is within the	1418
individual's scope of practice under statutes and rules regulating	1419
the individual's profession;	1420

(i) An individual who holds a valid certificate issued by a	1421
nationally recognized S.C.U.B.A. diving certifying organization	1422
approved by the state board of pharmacy board in rule, but only	1423
with respect to medical oxygen that will be used for the purpose	1424
of emergency care or treatment at the scene of a diving emergency;	1425

(j) AExcept as provided in division (B)(2) of this section,	1426
a business entity that is a corporation formed under division (B)	1427
of section 1701.03 of the Revised Code, a limited liability	1428
company formed under Chapter 1705. of the Revised Code, or a	1429
professional association formed under Chapter 1785. of the Revised	1430
Code if the entity has a sole shareholder who is a licensed health	1431
professional authorized to prescribe drugs and is authorized to	1432
provide the professional services being offered by the entity;	1433

(k) AExcept as provided in division (B)(2) of this section,	1434
a business entity that is a corporation formed under division (B)	1435
of section 1701.03 of the Revised Code, a limited liability	1436
company formed under Chapter 1705. of the Revised Code, a	1437
partnership or a limited liability partnership formed under	1438
Chapter 1775. of the Revised Code, or a professional association	1439
formed under Chapter 1785. of the Revised Code, if, to be a	1440
shareholder, member, or partner, an individual is required to be	1441
licensed, certified, or otherwise legally authorized under Title	1442
XLVII of the Revised Code to perform the professional service	1443
provided by the entity and each such individual is a licensed	1444
health professional authorized to prescribe drugs.	1445

(2) No registered wholesaler of dangerous drugs shall possess	1446
for sale, or sell, at wholesale, dangerous drugs to any of the	1447
following:	1448

(a) A prescriber who is employed by a pain management clinic	1449
that is not licensed as a terminal distributor of dangerous drugs	1450
with a pain management clinic classification issued under section	1451
4729.552 of the Revised Code;	1452

(b) A business entity described in division (B)(1)(j) of this	1453
section that is, or is operating, a pain management clinic without	1454
a license as a terminal distributor of dangerous drugs with a pain	1455
management clinic classification issued under section 4729.552 of	1456
the Revised Code;	1457

(c) A business entity described in division (B)(1)(k) of this	1458
section that is, or is operating, a pain management clinic without	1459
a license as a terminal distributor of dangerous drugs with a pain	1460
management clinic classification issued under section 4729.552 of	1461
the Revised Code.	1462

(3) No registered wholesale distributor of dangerous drugs	1463
shall possess dangerous drugs for sale at wholesale, or sell such	1464
drugs at wholesale, to a licensed terminal distributor of	1465
dangerous drugs, except toas follows:	1466

(a) AIn the case of a terminal distributor who haswith a	1467
category I license, only dangerous drugs described in category I,	1468
as defined in division (A)(1) of section 4729.54 of the Revised	1469
Code;	1470

(b) AIn the case of a terminal distributor who haswith a	1471
category II license, only dangerous drugs described in category I	1472
and category II, as defined in divisions (A)(1) and (2) of section	1473
4729.54 of the Revised Code;	1474

(c) AIn the case of a terminal distributor who haswith a	1475
category III license, dangerous drugs described in category I,	1476
category II, and category III, as defined in divisions (A)(1),	1477
(2), and (3) of section 4729.54 of the Revised Code;	1478

(d) AIn the case of a terminal distributor who haswith a	1479
limited category I, II, or III license, only the dangerous drugs	1480
specified in the certificate furnished by the terminal distributor	1481
in accordance with section 4729.60 of the Revised Code.	1482

(C)(1) Except as provided in division (C)(4) of this section,	1483
no person shall sell, at retail, dangerous drugs.	1484

(2) Except as provided in division (C)(4) of this section, no	1485
person shall possess for sale, at retail, dangerous drugs.	1486

(3) Except as provided in division (C)(4) of this section, no	1487
person shall possess dangerous drugs.	1488

(4) Divisions (C)(1), (2), and (3) of this section do not	1489
apply to a registered wholesale distributor of dangerous drugs, a	1490
licensed terminal distributor of dangerous drugs, or a person who	1491
possesses, or possesses for sale or sells, at retail, a dangerous	1492
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	1493
4729., 4730., 4731., and 4741. of the Revised Code.	1494

Divisions (C)(1), (2), and (3) of this section do not apply	1495
to an individual who holds a current license, certificate, or	1496
registration issued under Title XLVII of the Revised Code and has	1497
been certified to conduct diabetes education by a national	1498
certifying body specified in rules adopted by the state board of	1499
pharmacy under section 4729.68 of the Revised Code, but only to	1500
the extent that the individual possesses insulin or personally	1501
supplies insulin solely for the purpose of diabetes education and	1502
only if diabetes education is within the individual's scope of	1503
practice under statutes and rules regulating the individual's	1504
profession.	1505

Divisions (C)(1), (2), and (3) of this section do not apply	1506
to an individual who holds a valid certificate issued by a	1507
nationally recognized S.C.U.B.A. diving certifying organization	1508
approved by the state board of pharmacy board in rule, but only to	1509
the extent that the individual possesses medical oxygen or	1510
personally supplies medical oxygen for the purpose of emergency	1511
care or treatment at the scene of a diving emergency.	1512

(D) No licensed terminal distributor of dangerous drugs shall	1513
purchase for the purpose of resale dangerous drugs from any person	1514
other than a registered wholesale distributor of dangerous drugs,	1515
except as follows:	1516

(1) A licensed terminal distributor of dangerous drugs may	1517
make occasional purchases of dangerous drugs for resale from a	1518
pharmacist who is a licensed terminal distributor of dangerous	1519
drugs or who is employed by a licensed terminal distributor of	1520
dangerous drugs;	1521

(2) A licensed terminal distributor of dangerous drugs having	1522
more than one establishment or place may transfer or receive	1523
dangerous drugs from one establishment or place for which a	1524
license has been issued to the terminal distributor to another	1525
establishment or place for which a license has been issued to the	1526
terminal distributor if the license issued for each establishment	1527
or place is in effect at the time of the transfer or receipt.	1528

(E) No licensed terminal distributor of dangerous drugs shall	1529
engage in the sale or other distribution of dangerous drugs at	1530
retail or maintain possession, custody, or control of dangerous	1531
drugs for any purpose other than the distributor's personal use or	1532
consumption, at any establishment or place other than that or	1533
those described in the license issued by the state board of	1534
pharmacy to such terminal distributor.	1535

(F) Nothing in this section shall be construed to interfere	1536
with the performance of official duties by any law enforcement	1537
official authorized by municipal, county, state, or federal law to	1538
collect samples of any drug, regardless of its nature or in whose	1539
possession it may be.	1540

Sec. 4729.54.  (A) As used in this section and section	1541
4729.541 of the Revised Code:	1542

(1) "Category I" means single-dose injections of intravenous	1543
fluids, including saline, Ringer's lactate, five per cent dextrose	1544
and distilled water, and other intravenous fluids or parenteral	1545
solutions included in this category by rule of the state board of	1546
pharmacy, that have a volume of one hundred milliliters or more	1547
and that contain no added substances, or single-dose injections of	1548
epinephrine to be administered pursuant to sections 4765.38 and	1549
4765.39 of the Revised Code.	1550

(2) "Category II" means any dangerous drug that is not	1551
included in category I or III.	1552

(3) "Category III" means any controlled substance that is	1553
contained in schedule I, II, III, IV, or V.	1554

(4) "Emergency medical service organization" has the same	1555
meaning as in section 4765.01 of the Revised Code.	1556

(5) "Person" includes an emergency medical service	1557
organization.	1558

(6) "Schedule I, schedule II, schedule III, schedule IV, and	1559
schedule V" mean controlled substance schedules I, II, III, IV,	1560
and V, respectively, as established pursuant to section 3719.41 of	1561
the Revised Code and as amended.	1562

(B)(1) A person who desires to be licensed as a terminal	1563
distributor of dangerous drugs shall file with the executive	1564
director of the state board of pharmacy a verified application	1565
that contains. After it is filed, the application may not be	1566
withdrawn without approval of the board.	1567

(2) An application shall contain all the following that apply	1568
in the applicant's case:	1569

(1)(a) Information that the board requires relative to the	1570
qualifications of a terminal distributor of dangerous drugs set	1571
forth in section 4729.55 of the Revised Code;	1572

(2)(b) A statement that the person wishes to be licensed as a	1573
category I, category II, category III, limited category I, limited	1574
category II, or limited category III terminal distributor of	1575
dangerous drugs;	1576

(3)(c) If the person wishes to be licensed as a limited	1577
category I, limited category II, or limited category III terminal	1578
distributor of dangerous drugs, a notarized list of the dangerous	1579
drugs that the person wishes to possess, have custody or control	1580
of, and distribute, which list shall also specify the purpose for	1581
which those drugs will be used and their source;	1582

(4)(d) If the person is an emergency medical service	1583
organization, the information that is specified in division (C)(1)	1584
of this section;	1585

(5)(e) Except for an emergency medical service organization,	1586
the identity of the one establishment or place at which the person	1587
intends to engage in the sale or other distribution of dangerous	1588
drugs at retail, and maintain possession, custody, or control of	1589
dangerous drugs for purposes other than the person's own use or	1590
consumption;	1591

(f) If the application pertains to a pain management clinic,	1592
information that demonstrates, to the satisfaction of the board,	1593
compliance with division (A) of section 4729.552 of the Revised	1594
Code.	1595

(C)(1) An emergency medical service organization that wishes	1596
to be licensed as a terminal distributor of dangerous drugs shall	1597
list in its application for licensure the following additional	1598
information:	1599

(a) The units under its control that the organization	1600
determines will possess dangerous drugs for the purpose of	1601
administering emergency medical services in accordance with	1602
Chapter 4765. of the Revised Code;	1603

(b) With respect to each such unit, whether the dangerous	1604
drugs that the organization determines the unit will possess are	1605
in category I, II, or III.	1606

(2) An emergency medical service organization that is	1607
licensed as a terminal distributor of dangerous drugs shall file a	1608
new application for such licensure if there is any change in the	1609
number, or location of, any of its units or any change in the	1610
category of the dangerous drugs that any unit will possess.	1611

(3) A unit listed in an application for licensure pursuant to	1612
division (C)(1) of this section may obtain the dangerous drugs it	1613
is authorized to possess from its emergency medical service	1614
organization or, on a replacement basis, from a hospital pharmacy.	1615
If units will obtain dangerous drugs from a hospital pharmacy, the	1616
organization shall file, and maintain in current form, the	1617
following items with the pharmacist who is responsible for the	1618
hospital's terminal distributor of dangerous drugs license:	1619

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

1620

(b) A list of the personnel employed or used by the	1621
organization to provide emergency medical services in accordance	1622
with Chapter 4765. of the Revised Code, who are authorized to	1623
possess the drugs, which list also shall indicate the personnel	1624
who are authorized to administer the drugs.	1625

(D) Each emergency medical service organization that applies	1626
for a terminal distributor of dangerous drugs license shall submit	1627
with its application the following:	1628

(1) A notarized copy of its standing orders or protocol,	1629
which orders or protocol shall be signed by a physician and	1630
specify the dangerous drugs that its units may carry, expressed in	1631
standard dose units;	1632

(2) A list of the personnel employed or used by the	1633
organization to provide emergency medical services in accordance	1634
with Chapter 4765. of the Revised Code.	1635

An emergency medical service organization that is licensed as	1636
a terminal distributor shall notify the board immediately of any	1637
changes in its standing orders or protocol.	1638

(E) There shall be six categories of terminal distributor of	1639
dangerous drugs licenses, which categories shall be as follows:	1640

(1) Category I license. A person who obtains this license may	1641
possess, have custody or control of, and distribute only the	1642
dangerous drugs described in category I.	1643

(2) Limited category I license. A person who obtains this	1644
license may possess, have custody or control of, and distribute	1645
only the dangerous drugs described in category I that were listed	1646
in the application for licensure.	1647

(3) Category II license. A person who obtains this license	1648
may possess, have custody or control of, and distribute only the	1649
dangerous drugs described in category I and category II.	1650

(4) Limited category II license. A person who obtains this	1651
license may possess, have custody or control of, and distribute	1652
only the dangerous drugs described in category I or category II	1653
that were listed in the application for licensure.	1654

(5) Category III license, which may include a pain management	1655
clinic classification issued under section 4729.552 of the Revised	1656
Code. A person who obtains this license may possess, have custody	1657
or control of, and distribute the dangerous drugs described in	1658
category I, category II, and category III. If the license includes	1659
a pain management clinic classification, the person may operate a	1660
pain management clinic.	1661

(6) Limited category III license. A person who obtains this	1662
license may possess, have custody or control of, and distribute	1663
only the dangerous drugs described in category I, category II, or	1664
category III that were listed in the application for licensure.	1665

(F) Except for an application made on behalf of an animal	1666
shelter, if an applicant for licensure as a limited category I,	1667
II, or III terminal distributor of dangerous drugs intends to	1668
administer dangerous drugs to a person or animal, the applicant	1669
shall submit, with the application, a notarized copy of its	1670
protocol or standing orders, which protocol or orders shall be	1671
signed by a licensed health professional authorized to prescribe	1672
drugs, specify the dangerous drugs to be administered, and list	1673
personnel who are authorized to administer the dangerous drugs in	1674
accordance with federal law or the law of this state. An	1675
application made on behalf of an animal shelter shall include a	1676
notarized list of the dangerous drugs to be administered to	1677
animals and the personnel who are authorized to administer the	1678
drugs to animals in accordance with section 4729.532 of the	1679
Revised Code. After obtaining a terminal distributor license, a	1680
licensee shall notify the board immediately of any changes in its	1681
protocol or standing orders, or in such personnel.	1682

(G)(1) Except as provided in division (G)(2) of this section,	1683
each applicant for licensure as a terminal distributor of	1684
dangerous drugs shall submit, with the application, a license fee	1685
determined as follows:	1686

(a) For a category I or limited category I license,	1687
forty-five dollars;	1688

(b) For a category II or limited category II license, one	1689
hundred twelve dollars and fifty cents;	1690

(c) For a category III license, including a license with a	1691
pain management clinic classification issued under section	1692
4729.552 of the Revised Code, or a limited category III license,	1693
one hundred fifty dollars.	1694

(2) For a professional association, corporation, partnership,	1695
or limited liability company organized for the purpose of	1696
practicing veterinary medicine, the fee shall be forty dollars.	1697

(3) Fees assessed under divisions (G)(1) and (2) of this	1698
section shall not be returned if the applicant fails to qualify	1699
for registration.	1700

(H)(1) The board shall issue a terminal distributor of	1701
dangerous drugs license to each person who submits an application	1702
for such licensure in accordance with this section, pays the	1703
required license fee, is determined by the board to meet the	1704
requirements set forth in section 4729.55 of the Revised Code, and	1705
satisfies any other applicable requirements of this section.	1706

(2) The license of a person other than an emergency medical	1707
service organization shall describe the one establishment or place	1708
at which the licensee may engage in the sale or other distribution	1709
of dangerous drugs at retail and maintain possession, custody, or	1710
control of dangerous drugs for purposes other than the licensee's	1711
own use or consumption. The one establishment or place shall be	1712
that which is described in the application for licensure.	1713

No such license shall authorize or permit the terminal	1714
distributor of dangerous drugs named in it to engage in the sale	1715
or other distribution of dangerous drugs at retail or to maintain	1716
possession, custody, or control of dangerous drugs for any purpose	1717
other than the distributor's own use or consumption, at any	1718
establishment or place other than that described in the license,	1719
except that an agent or employee of an animal shelter may possess	1720
and use dangerous drugs in the course of business as provided in	1721
division (D) of section 4729.532 of the Revised Code.	1722

(3) The license of an emergency medical service organization	1723
shall cover and describe all the units of the organization listed	1724
in its application for licensure.	1725

(4) The license of every terminal distributor of dangerous	1726
drugs shall indicate, on its face, the category of licensure. If	1727
the license is a limited category I, II, or III license, it shall	1728
specify, and shall authorize the licensee to possess, have custody	1729
or control of, and distribute only, the dangerous drugs that were	1730
listed in the application for licensure.	1731

(I) All licenses issued pursuant to this section shall be	1732
effective for a period of twelve months from the first day of	1733
January of each year. A license shall be renewed by the board for	1734
a like period, annually, according to the provisions of this	1735
section, and the standard renewal procedure of Chapter 4745. of	1736
the Revised Code. A person who desires to renew a license shall	1737
submit an application for renewal and pay the required fee on or	1738
before the thirty-first day of December each year. The fee	1739
required for the renewal of a license shall be the same as the fee	1740
paid for the license being renewed, and shall accompany the	1741
application for renewal.	1742

A license that has not been renewed during December in any	1743
year and by the first day of February of the following year may be	1744
reinstated only upon payment of the required renewal fee and a	1745
penalty fee of fifty-five dollars.	1746

(J)(1) No emergency medical service organization that is	1747
licensed as a terminal distributor of dangerous drugs shall fail	1748
to comply with division (C)(2) or (3) of this section.	1749

(2) No emergency medical service organization that is	1750
licensed as a terminal distributor of dangerous drugs shall fail	1751
to comply with division (D) of this section.	1752

(3) No licensed terminal distributor of dangerous drugs shall	1753
possess, have custody or control of, or distribute dangerous drugs	1754
that the terminal distributor is not entitled to possess, have	1755
custody or control of, or distribute by virtue of its category of	1756
licensure.	1757

(4) No licensee that is required by division (F) of this	1758
section to notify the board of changes in its protocol or standing	1759
orders, or in personnel, shall fail to comply with that division.	1760

Sec. 4729.541. A person(A) Except as provided in division	1761
(B) of this section, a business entity described in division	1762
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may	1763
possess, have custody or control of, and distribute the dangerous	1764
drugs in category I, category II, and category III of section	1765
4729.54 of the Revised Code without holding a terminal distributor	1766
of dangerous drugs license issued under that section.	1767

(B) If a business entity described in division (B)(1)(j) or	1768
(k) of section 4729.51 of the Revised Code is a pain management	1769
clinic or is operating a pain management clinic, the entity shall	1770
hold a license as a terminal distributor of dangerous drugs with a	1771
pain management clinic classification issued under section	1772
4729.552 of the Revised Code.	1773

Sec. 4729.55.  No license shall be issued to an applicant for	1774
licensure as a terminal distributor of dangerous drugs unless the	1775
applicant has furnished satisfactory proof to the state board of	1776
pharmacy that:	1777

(A) The applicant is equipped as to land, buildings, and	1778
equipment to properly carry on the business of a terminal	1779
distributor of dangerous drugs within the category of licensure	1780
approved by the board.	1781

(B) A pharmacist, licensed health professional authorized to	1782
prescribe drugs, animal shelter licensed with the state board of	1783
pharmacy under section 4729.531 of the Revised Code, or a	1784
laboratory as defined in section 3719.01 of the Revised Code will	1785
maintain supervision and control over the possession and custody	1786
of dangerous drugs that may be acquired by or on behalf of the	1787
applicant.	1788

(C) Adequate safeguards are assured to prevent the sale or	1789
other distribution of dangerous drugs by any person other than a	1790
pharmacist or licensed health professional authorized to prescribe	1791
drugs.	1792

(D) Adequate safeguards are assured that the applicant will	1793
carry on the business of a terminal distributor of dangerous drugs	1794
in a manner that allows pharmacists and pharmacy interns employed	1795
by the terminal distributor to practice pharmacy in a safe and	1796
effective manner.	1797

(E) If the applicant, or any agent or employee of the	1798
applicant, has been found guilty of violating section 4729.51 of	1799
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	1800
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	1801
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	1802
or any rule of the board, adequate safeguards are assured to	1803
prevent the recurrence of the violation.	1804

(F) In the case of an applicant who is a food processor or	1805
retail seller of food, the applicant will maintain supervision and	1806
control over the possession and custody of nitrous oxide.	1807

(G) In the case of an applicant who is a retail seller of	1808
oxygen in original packages labeled as required by the "Federal	1809
Food, Drug, and Cosmetic Act," the applicant will maintain	1810
supervision and control over the possession, custody, and retail	1811
sale of the oxygen.	1812

(H) If the application is made on behalf of an animal	1813
shelter, at least one of the agents or employees of the animal	1814
shelter is certified in compliance with section 4729.532 of the	1815
Revised Code.	1816

(I) In the case of an applicant who is a retail seller of	1817
peritoneal dialysis solutions in original packages labeled as	1818
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	1819
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	1820
supervision and control over the possession, custody, and retail	1821
sale of the peritoneal dialysis solutions.	1822

(J) In the case of an applicant who is a pain management	1823
clinic, the applicant meets the requirements to receive a license	1824
with a pain management clinic classification issued under section	1825
4729.552 of the Revised Code.	1826

Sec. 4729.552. (A) To be eligible to receive a license as a	1827
category III terminal distributor of dangerous drugs with a pain	1828
management clinic classification, an applicant shall submit	1829
evidence satisfactory to the board that the applicant's pain	1830
management clinic will be operated in accordance with the	1831
requirements specified in division (B) of this section and that	1832
the applicant meets any other applicable requirements under this	1833
chapter or Chapter 3719. of the Revised Code.	1834

If the board determines that an applicant meets all of the	1835
requirements, the board shall issue to the applicant a license as	1836
a category III terminal distributor of dangerous drugs and specify	1837
on the license that the terminal distributor is classified as a	1838
pain management clinic.	1839

(B) The holder of a terminal distributor license with a pain	1840
management clinic classification shall do all of the following:	1841

(1) Be in control of a facility that is owned and operated	1842
solely by one or more physicians authorized under Chapter 4731. of	1843
the Revised Code to practice medicine and surgery or osteopathic	1844
medicine and surgery;	1845

(2) Ensure that any person employed by the facility complies	1846
with the requirements for the operation of a pain management	1847
clinic established by the state medical board in rules adopted	1848
under section 4731.054 of the Revised Code;	1849

(3) Require any person with ownership of the facility to	1850
submit to a criminal records check in accordance with section	1851
4776.02 of the Revised Code and send the results of the criminal	1852
records check directly to the state board of pharmacy for review	1853
and decision under section 4729.071 of the Revised Code;	1854

(4) Require all employees of the facility to submit to a	1855
criminal records check in accordance with section 4776.02 of the	1856
Revised Code and ensure that no person is employed who has	1857
previously been convicted of, or pleaded guilty to, any felony in	1858
this state, another state, or the United States;	1859

(5) Maintain a list of each person with ownership of the	1860
facility and notify the state board of pharmacy of any change to	1861
that list.	1862

(C) No person shall operate a facility that under this	1863
chapter is subject to licensure as a category III terminal	1864
distributor of dangerous drugs with a pain management clinic	1865
classification without obtaining and maintaining the license with	1866
the classification.	1867

No person who holds a category III license with a pain	1868
management clinic classification shall fail to remain in	1869
compliance with the requirements of division (A) of this section	1870
and any other applicable requirements under this chapter or	1871
Chapter 3719. of the Revised Code.	1872

(D) The board may impose a fine of not more than five	1873
thousand dollars on a terminal distributor of dangerous drugs	1874
license holder who violates division (C) of this section. A	1875
separate fine may be imposed for each day the violation continues.	1876
In imposing the fine, the board's actions shall be taken in	1877
accordance with Chapter 119. of the Revised Code.	1878

Sec. 4729.571. If the state board of pharmacy determines that	1879
there is clear and convincing evidence that the method used by a	1880
terminal distributor of dangerous drugs to distribute controlled	1881
substances presents a danger of immediate and serious harm to	1882
others, the board may suspend the terminal distributor's license	1883
without a hearing. The board shall follow the procedure for	1884
suspension without a prior hearing in section 119.07 of the	1885
Revised Code. The suspension shall remain in effect, unless	1886
removed by the board, until the board's final adjudication order	1887
becomes effective, except that if the board does not issue its	1888
final adjudication order within ninety days after the hearing, the	1889
suspension shall be void on the ninety-first day after the	1890
suspension.	1891

If the terminal distributor holds a license with a pain	1892
management clinic classification issued under section 4729.552 of	1893
the Revised Code and the person holding the license also holds a	1894
certificate issued under Chapter 4731. of the Revised Code to	1895
practice medicine and surgery or osteopathic medicine and surgery,	1896
prior to suspending the license without a hearing, the board shall	1897
consult with the secretary of the state medical board or, if the	1898
secretary is unavailable, another physician member of the board.	1899

Sec. 4729.69. (A) The state board of pharmacy, in	1900
collaboration with the director of alcohol and drug addiction	1901
services and attorney general, shall establish and administer a	1902
drug take-back program under which drugs are collected from the	1903
community for the purpose of destruction or disposal of the drugs.	1904

(B) The program shall be established and administered in such	1905
a manner that it does both of the following:	1906

(1) Complies with any state or federal laws regarding the	1907
collection, destruction, or disposal of drugs;	1908

(2) Maintains the confidentiality of individuals who submit	1909
or otherwise provide drugs under the program.	1910

(C) In consultation with the director of alcohol and drug	1911
addiction services and attorney general, the board shall adopt	1912
rules governing the program. The rules shall be adopted in	1913
accordance with Chapter 119. of the Revised Code. In adopting the	1914
rules, the board shall specify all of the following:	1915

(1) The entities that may participate;

1916

(2) Guidelines and responsibilities for accepting drugs by	1917
participating entities;	1918

(3) Drugs that may be collected;

1919

(4) Record-keeping requirements;

1920

(5) Proper methods to destroy unused drugs;

1921

(6) Privacy protocols and security standards;

1922

(7) Drug transportation procedures;

1923

(8) The schedule, duration, and frequency of the collections	1924
of drugs, except that the first collection shall occur not later	1925
than one year after the effective date of this section;	1926

(9) Any other standards and procedures the board considers	1927
necessary for purposes of governing the program.	1928

(D) In accordance with state and federal law, the board may	1929
adopt rules to allow an entity participating in the program to	1930
return any unused drugs to the pharmacy that originally dispensed	1931
the drug. The rules shall include procedures to be followed to	1932
maintain the confidentiality of the person for whom the drug was	1933
dispensed.	1934

(E) Rules adopted under this section may not do any of the	1935
following:	1936

(1) Require any entity to establish, fund, or operate a drug	1937
take-back program;	1938

(2) Establish any new licensing requirement or fee to	1939
participate in the program;	1940

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

1941

(F) The board may compile data on the amount and type of	1942
drugs collected under the program. For purposes of this division,	1943
the board may cooperate with a public or private entity in	1944
obtaining assistance in the compilation of data. An entity	1945
providing the assistance shall not be reimbursed under the program	1946
for any costs incurred in providing the assistance.	1947

(G) If the board compiles data under division (F) of this	1948
section, the board shall submit a report to the governor and, in	1949
accordance with section 101.68 of the Revised Code, the general	1950
assembly. The report, to the extent possible, shall include the	1951
following information:	1952

(1) Total weight of drugs collected, both with and without	1953
packaging;	1954

(2) The weight of controlled substances;

1955

(3) The amount of all of the following as a per cent of total	1956
drugs collected:	1957

(a) Controlled substances;

1958

(b) Brand name drugs;

1959

(c) Generic drugs;

1960

(d) Prescription drugs;

1961

(e) Non-prescription drugs.

1962

(4) The amount of vitamins, herbal supplements, and personal	1963
care products collected;	1964

(5) If provided by the person who submitted or otherwise	1965
donated drugs to the program, the reasons why the drugs were	1966
returned or unused.	1967

(H) No entity is required to participate in a drug take-back	1968
program established under this section, and no entity shall be	1969
subject to civil liability or professional disciplinary action for	1970
declining to participate.	1971

(I) The board may accept grants, gifts, or donations for	1972
purposes of the program. Money received under this division shall	1973
be deposited into the drug take-back program fund established	1974
under section 109.90 of the Revised Code.	1975

Sec. 4729.75. The state board of pharmacy may establish and	1976
maintain a drug database. The board shall use the drug database to	1977
monitor the misuse and diversion of controlled substances, as	1978
defined in section 3719.01 of the Revised Code, and other	1979
dangerous drugs the board includes in the database pursuant to	1980
rules adopted under section 4729.834729.84 of the Revised Code.	1981
In establishing and maintaining the database, the board shall	1982
electronically collect information pursuant to sections 4729.77	1983
and 4729.784729.79 of the Revised Code and shall disseminate	1984
information as authorized or required by sections 4729.794729.80	1985
and 4729.804729.81 of the Revised Code. The board's collection	1986
and dissemination of information shall be conducted in accordance	1987
with rules adopted under section 4729.834729.84 of the Revised	1988
Code.	1989

Sec. 4729.77. (A) If the state board of pharmacy establishes	1990
and maintains a drug database pursuant to section 4729.75 of the	1991
Revised Code, each pharmacy licensed as a terminal distributor of	1992
dangerous drugs that dispenses drugs to patients in this state and	1993
is included in the types of pharmacies specified in rules adopted	1994
under section 4729.834729.84 of the Revised Code shall submit to	1995
the board the following prescription information:	1996

(1) Terminal distributor identification;

1997

(2) Patient identification;

1998

(3) Prescriber identification;

1999

(4) Date prescription was issued by prescriber;

2000

(5) Date prescriptiondrug was dispensed;

2001

(6) Indication of whether prescriptionthe drug dispensed is	2002
new or a refill;	2003

(7) Name, strength, and national drug code of the drug	2004
dispensed;	2005

(8) Quantity of drug dispensed;

2006

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

2007

(10) Serial or prescription number assigned by the terminal	2008
distributor;	2009

(11) Source of payment for the prescriptiondrug dispensed.

2010

(B)(1) The information shall be transmitted as specified by	2011
the board in rules adopted under section 4729.834729.84 of the	2012
Revised Code.	2013

(1)(2) The information shall be submitted electronically in	2014
the format specified by the board, except that the board may grant	2015
a waiver allowing the distributor to submit the information in	2016
another format.	2017

(2)(3) The information shall be submitted in accordance with	2018
any time limits specified by the board, except that the board may	2019
grant an extension if either of the following occurs:	2020

(a) The distributor suffers a mechanical or electronic	2021
failure, or cannot meet the deadline for other reasons beyond the	2022
distributor's control.	2023

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

2024

(C) This section does not apply to a prescriber personally	2025
furnishing or administering dangerous drugs to the prescriber's	2026
patient.	2027

Sec. 4729.78. (A) If the state board of pharmacy establishes	2028
and maintains a drug database pursuant to section 4729.75 of the	2029
Revised Code, each wholesale distributor of dangerous drugs that	2030
delivers drugs in this state to prescribers in this stateor	2031
terminal distributors of dangerous drugs shall submit to the board	2032
the following purchase information:	2033

(1) Purchaser identification;

2034

(2) Identification of the drug sold;

2035

(3) Quantity of the drug sold;

2036

(4) Date of sale;

2037

(5) The wholesale distributor's license number issued by the	2038
board.	2039

(B)(1) The information shall be transmitted as specified by	2040
the board in rules adopted under section 4729.834729.84 of the	2041
Revised Code.	2042

(1)(2) The information shall be submitted electronically in	2043
the format specified by the board, except that the board may grant	2044
a waiver allowing the distributor to submit the information in	2045
another format.	2046

(2)(3) The information shall be submitted in accordance with	2047
any time limits specified by the board, except that the board may	2048
grant an extension if either of the following occurs:	2049

(a) The distributor suffers a mechanical or electronic	2050
failure, or cannot meet the deadline for other reasons beyond the	2051
distributor's control.	2052

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

2053

Sec. 4729.79.  (A) If the state board of pharmacy establishes	2054
and maintains a drug database pursuant to section 4729.75 of the	2055
Revised Code, each licensed health professional authorized to	2056
prescribe drugs, other than a veterinarian, who personally	2057
furnishes a controlled substance or other dangerous drug the board	2058
includes in the database pursuant to rules adopted under section	2059
4729.84 of the Revised Code to a patient in this state shall	2060
submit to the board the following information:	2061

(1) Prescriber identification;

2062

(2) Patient identification;

2063

(3) Date drug was furnished by the prescriber;

2064

(4) Indication of whether the drug furnished is new or a	2065
refill;	2066

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

2067

(6) Quantity of drug furnished;

2068

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

2069

(8) Source of payment for the drug furnished.

2070

(B)(1) The information shall be transmitted as specified by	2071
the board in rules adopted under section 4729.84 of the Revised	2072
Code.	2073

(2) The information shall be submitted electronically in the	2074
format specified by the board, except that the board may grant a	2075
waiver allowing the prescriber to submit the information in	2076
another format.	2077

(3) The information shall be submitted in accordance with any	2078
time limits specified by the board, except that the board may	2079
grant an extension if either of the following occurs:	2080

(a) The prescriber's transmission system suffers a mechanical	2081
or electronic failure, or the prescriber cannot meet the deadline	2082
for other reasons beyond the prescriber's control.	2083

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

2084

(C) If the board becomes aware of a prescriber's failure to	2085
comply with this section, the board shall notify the government	2086
entity responsible for licensing the prescriber.	2087

Sec. 4729.79.        Sec. 4729.80. (A) If the state board of pharmacy	2088
establishes and maintains a drug database pursuant to section	2089
4729.75 of the Revised Code, the board mayis authorized or	2090
required to provide information from the database in accordance	2091
with the following:	2092

(1) On receipt of a request from a designated representative	2093
of a government entity responsible for the licensure, regulation,	2094
or discipline of licensed health care professionals authorized	2095
with authority to prescribe, administer, or dispense drugs, the	2096
board may provide to the representative information from the	2097
database relating to the professional who is the subject of an	2098
active investigation being conducted by the government entity.	2099

(2) On receipt of a request from a federal officer, or a	2100
state or local officer of this or any other state, whose duties	2101
include enforcing laws relating to drugs, the board mayshall	2102
provide to the officer information from the database relating to	2103
the person who is the subject of an active investigation of a drug	2104
abuse offense, as defined in section 2925.01 of the Revised Code,	2105
being conducted by the officer's employing government entity.	2106

(3) Pursuant to a subpoena issued by a grand jury, the board	2107
mayshall provide to the grand jury information from the database	2108
relating to the person who is the subject of an investigation	2109
being conducted by the grand jury.	2110

(4) Pursuant to a subpoena, search warrant, or court order in	2111
connection with the investigation or prosecution of a possible or	2112
alleged criminal offense, the board shall provide information from	2113
the database as necessary to comply with the subpoena, search	2114
warrant, or court order.	2115

(5) On receipt of a request from a pharmacist or prescriber	2116
or the prescriber's agent registered with the board, the board may	2117
provide to the requestorprescriber information from the database	2118
relating to a current patient of the requestorprescriber, if the	2119
requestorprescriber certifies in a form specified by the board	2120
that it is for the purpose of providing medical or pharmaceutical	2121
treatment to the patient who is the subject of the request.	2122

(5)(6) On receipt of a request from a pharmacist, the board	2123
may provide to the pharmacist information from the database	2124
relating to a current patient of the pharmacist, if the pharmacist	2125
certifies in a form specified by the board that it is for the	2126
purpose of the pharmacist's practice of pharmacy involving the	2127
patient who is the subject of the request.	2128

(7) On receipt of a request from an individual seeking the	2129
individual's own database information in accordance with the	2130
procedure established in rules adopted under section 4729.83	2131
4729.84 of the Revised Code, the board may provide to the	2132
individual the individual's own database information.	2133

(8) On receipt of a request from the medical director of a	2134
managed care organization that has entered into a data security	2135
agreement with the board required by section 5111.1710 of the	2136
Revised Code, the board may provide to the medical director	2137
information from the database relating to a medicaid recipient	2138
enrolled in the managed care organization.	2139

(9) On receipt of a request from the director of job and	2140
family services, the board may provide to the director information	2141
from the database relating to a recipient of a program	2142
administered by the department of job and family services.	2143

(10) On receipt of a request from the administrator of	2144
workers' compensation, the board may provide to the administrator	2145
information from the database relating to a claimant under Chapter	2146
4121., 4123., 4127., or 4131. of the Revised Code.	2147

(11) On receipt of a request from a requestor described in	2148
division (A)(1), (2), (5), or (6) of this section who is from or	2149
participating with another state's prescription monitoring	2150
program, the board may provide to the requestor information from	2151
the database, but only if there is a written agreement under which	2152
the information is to be used and disseminated according to the	2153
laws of this state.	2154

(B) The state board of pharmacy shall maintain a record of	2155
each individual or entity that requests information from the	2156
database pursuant to this section. In accordance with rules	2157
adopted under section 4729.834729.84 of the Revised Code, the	2158
board may use the records to document and report statistics and	2159
law enforcement outcomes.	2160

The board may provide records of an individual's requests for	2161
database information to the following:	2162

(1) A designated representative of a government entity that	2163
is responsible for the licensure, regulation, or discipline of	2164
licensed health care professionals authorizedwith authority to	2165
prescribe, administer, or dispense drugs who is involved in an	2166
active investigation being conducted by the government entity of	2167
the individual who submitted the requests for database	2168
information;	2169

(2) A federal officer, or a state or local officer of this or	2170
any other state, whose duties include enforcing laws relating to	2171
drugs and who is involved in an active investigation being	2172
conducted by the officer's employing government entity of the	2173
individual who submitted the requests for database information.	2174

(C) Information contained in the database and any information	2175
obtained from it is not a public record. Information contained in	2176
the records of requests for information from the database is not a	2177
public record. Information that does not identify a person may be	2178
released in summary, statistical, or aggregate form.	2179

(D) Nothing in this section requires a pharmacist or	2180
prescriber to obtain information about a patient from the	2181
database. A pharmacist or prescriber shall not be held liable in	2182
damages to any person in any civil action for injury, death, or	2183
loss to person or property on the basis that the pharmacist or	2184
prescriber did or did not seek or obtain information from the	2185
database.	2186

Sec. 4729.80.        Sec. 4729.81. If the state board of pharmacy	2187
establishes and maintains a drug database pursuant to section	2188
4729.75 of the Revised Code, the board shall review the	2189
information in the drug database. If the board determines from the	2190
review that a violation of law may have occurred, it shall notify	2191
the appropriate law enforcement agency or a government entity	2192
responsible for the licensure, regulation, or discipline of	2193
licensed health care professionals authorized to prescribe drugs	2194
and supply information required by the agency or entity for an	2195
investigation of the violation of law that may have occurred.	2196

Sec. 4729.81.        Sec. 4729.82. If the state board of pharmacy	2197
establishes a drug database pursuant to section 4729.75 of the	2198
Revised Code, the information collected for the database shall be	2199
retained in the database for at least two years. TheAny	2200
information that identifies a patient shall then be destroyed	2201
after it has been retained for two years unless a law enforcement	2202
agency or a government entity responsible for the licensure,	2203
regulation, or discipline of licensed health care professionals	2204
authorized to prescribe drugs has submitted a written request to	2205
the board for retention of specificthe information in accordance	2206
with rules adopted by the board under section 4729.834729.84 of	2207
the Revised Code.	2208

Sec. 4729.82.        Sec. 4729.83. (A) If the state board of pharmacy	2209
establishes and maintains a drug database pursuant to section	2210
4729.75 of the Revised Code, the board shall not impose any charge	2211
on a terminal distributor of dangerous drugs, pharmacist, or	2212
prescriber for the establishment or maintenance of the database.	2213
The board shall not charge any fees for the transmission of data	2214
to the database or for the receipt of information from the	2215
database, except that the board may charge a fee in accordance	2216
with rules adopted under section 4729.834729.84 of the Revised	2217
Code to an individual who requests the individual's own database	2218
information under section 4729.794729.80 of the Revised Code.	2219

(B) The board may accept grants, gifts, or donations for	2220
purposes of the drug database. Any money received shall be	2221
deposited into the state treasury to the credit of the drug	2222
database fund, which is hereby created. Money in the fund shall be	2223
used solely for purposes of the drug database.	2224

Sec. 4729.83.        Sec. 4729.84. For purposes of establishing and	2225
maintaining a drug database pursuant to section 4729.75 of the	2226
Revised Code, the state board of pharmacy shall adopt rules in	2227
accordance with Chapter 119. of the Revised Code to carry out and	2228
enforce sections 4729.75 to 4729.824729.83 of the Revised Code.	2229
The rules shall specify all of the following:	2230

(A) A means of identifying each patient, each terminal	2231
distributor of dangerous drugs, and each purchase at wholesale of	2232
dangerous drugs about which information is entered into the drug	2233
database;	2234

(B) Requirements for the transmission of information from	2235
terminal distributors andof dangerous drugs, wholesale	2236
distributors of dangerous drugs for purposes of the database, and	2237
prescribers;	2238

(C) An electronic format for the submission of information	2239
from terminal distributors and, wholesale distributors of	2240
dangerous drugs, and prescribers;	2241

(D) A procedure whereby a terminal distributor or a,	2242
wholesale distributor of dangerous drugs, or prescriber unable to	2243
submit information electronically may obtain a waiver to submit	2244
information in another format;	2245

(E) A procedure whereby the board may grant a request from a	2246
law enforcement agency or a government entity responsible for the	2247
licensure, regulation, or discipline of licensed health care	2248
professionals authorized to prescribe drugs that information that	2249
has been stored for two years be retained when the information	2250
pertains to an open investigation being conducted by the agency or	2251
entity;	2252

(F) A procedure whereby a terminal ordistributor, wholesale	2253
distributor, or prescriber may apply for an extension to the time	2254
by which information must be transmitted to the board;	2255

(G) A procedure whereby a person or government entity to	2256
which the board is authorized to provide information may submit a	2257
request to the board for the information and the board may verify	2258
the identity of the requestor;	2259

(H) A procedure whereby the board can use the database	2260
request records required by division (B) of section 4729.79	2261
4729.80 of the Revised Code to document and report statistics and	2262
law enforcement outcomes;	2263

(I) A procedure whereby an individual may request the	2264
individual's own database information and the board may verify the	2265
identity of the requestor;	2266

(J) A reasonable fee that the board may charge under section	2267
4729.824729.83 of the Revised Code for providing an individual	2268
with the individual's own database information pursuant to section	2269
4729.794729.80 of the Revised Code;	2270

(K) The other specific dangerous drugs other thanthat, in	2271
addition to controlled substances that, must be included in the	2272
database;	2273

(L) The types of pharmacies licensed as terminal distributors	2274
of dangerous drugs that are required to submit prescription	2275
information to the board pursuant to section 4729.77 of the	2276
Revised Code.	2277

Sec. 4729.84.        Sec. 4729.85. (A) If the state board of pharmacy	2278
establishes and maintains a drug database pursuant to section	2279
4729.75 of the Revised Code, the board shall present a biennial	2280
report to the standing committees of the house of representatives	2281
and the senate that are primarily responsible for considering	2282
health and human services issues. The initial report shall be	2283
presented not later than two years after the database is	2284
established.	2285

(B) Each report presented under this section shall include	2286
all of the following:	2287

(1) The cost to the state of establishing and maintaining the	2288
database;	2289

(2) Information from terminal distributors of dangerous	2290
drugs, prescribers, and the board regarding the board's	2291
effectiveness in providing information from the database;	2292

(3) The board's timeliness in transmitting information from	2293
the database.	2294

Sec. 4729.86. If the state board of pharmacy establishes and	2295
maintains a drug database pursuant to section 4729.75 of the	2296
Revised Code, all of the following apply:	2297

(A)(1) No person identified in divisions (A)(1) to (10) or	2298
(B) of section 4729.80 of the Revised Code shall disseminate any	2299
written or electronic document the person receives from the drug	2300
database, except as necessary in the investigation or prosecution	2301
of a possible or alleged criminal offense.	2302

(2) No person shall provide false information to the state	2303
board of pharmacy with the intent to obtain information contained	2304
in the drug database.	2305

(3) No person shall obtain drug database information by any	2306
means except as provided under section 4729.80 or 4729.81 of the	2307
Revised Code.	2308

(B) A person shall not use a document obtained pursuant to	2309
division (A) of section 4729.80 of the Revised Code as evidence in	2310
any civil or administrative proceeding.	2311

(C)(1) The board may restrict a person from obtaining further	2312
information from the drug database if any of the following is the	2313
case:	2314

(a) The person is convicted of or pleads guilty to a	2315
violation of division (A)(1), (2), or (3) of this section;	2316

(b) The person is a requestor identified in division (A)(11)	2317
of section 4729.80 of the Revised Code and the board determines	2318
that the person's actions in another state would have constituted	2319
a violation of division (A)(1), (2), or (3) of this section;	2320

(c) The person fails to comply with division (B) of this	2321
section, regardless of the jurisdiction in which the failure to	2322
comply occurred.	2323

(2) The board shall determine the extent to which the person	2324
is restricted from obtaining further information from the	2325
database.	2326

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	2327
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	2328
Code is guilty of a minor misdemeanor. Each day's violation	2329
constitutes a separate offense.	2330

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	2331
the Revised Code is guilty of a misdemeanor of the third degree.	2332
Each day's violation constitutes a separate offense. If the	2333
offender previously has been convicted of or pleaded guilty to a	2334
violation of this chapter, that person is guilty of a misdemeanor	2335
of the second degree.	2336

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	2337
the Revised Code is guilty of a misdemeanor.	2338

(D) Whoever violates division (A), (B), (D), or (E) of	2339
section 4729.51 of the Revised Code is guilty of a misdemeanor of	2340
the first degree.	2341

(E)(1) Whoever violates section 4729.37, division (C)(2) of	2342
section 4729.51, division (J) of section 4729.54, or section	2343
4729.61 of the Revised Code is guilty of a felony of the fifth	2344
degree. If the offender previously has been convicted of or	2345
pleaded guilty to a violation of this chapter or a violation of	2346
Chapter 2925. or 3719. of the Revised Code, that person is guilty	2347
of a felony of the fourth degree.	2348

(2) If an offender is convicted of or pleads guilty to a	2349
violation of section 4729.37, division (C) of section 4729.51,	2350
division (J) of section 4729.54, or section 4729.61 of the Revised	2351
Code, if the violation involves the sale, offer to sell, or	2352
possession of a schedule I or II controlled substance, with the	2353
exception of marihuana, and if the court imposing sentence upon	2354
the offender finds that the offender as a result of the violation	2355
is a major drug offender, as defined in section 2929.01 of the	2356
Revised Code, and is guilty of a specification of the type	2357
described in section 2941.1410 of the Revised Code, the court, in	2358
lieu of the prison term authorized or required by division (E)(1)	2359
of this section and sections 2929.13 and 2929.14 of the Revised	2360
Code and in addition to any other sanction imposed for the offense	2361
under sections 2929.11 to 2929.18 of the Revised Code, shall	2362
impose upon the offender, in accordance with division (D)(3)(a) of	2363
section 2929.14 of the Revised Code, the mandatory prison term	2364
specified in that division and may impose an additional prison	2365
term under division (D)(3)(b) of that section.	2366

(3) Notwithstanding any contrary provision of section 3719.21	2367
of the Revised Code, the clerk of court shall pay any fine imposed	2368
for a violation of section 4729.37, division (C) of section	2369
4729.51, division (J) of section 4729.54, or section 4729.61 of	2370
the Revised Code pursuant to division (A) of section 2929.18 of	2371
the Revised Code in accordance with and subject to the	2372
requirements of division (F) of section 2925.03 of the Revised	2373
Code. The agency that receives the fine shall use the fine as	2374
specified in division (F) of section 2925.03 of the Revised Code.	2375

(F) Whoever violates section 4729.531 of the Revised Code or	2376
any rule adopted thereunder or section 4729.532 of the Revised	2377
Code is guilty of a misdemeanor of the first degree.	2378

(G) Whoever violates division (C)(1) of section 4729.51 of	2379
the Revised Code is guilty of a felony of the fourth degree. If	2380
the offender has previously been convicted of or pleaded guilty to	2381
a violation of this chapter, or of a violation of Chapter 2925. or	2382
3719. of the Revised Code, that person is guilty of a felony of	2383
the third degree.	2384

(H) Whoever violates division (C)(3) of section 4729.51 of	2385
the Revised Code is guilty of a misdemeanor of the first degree.	2386
If the offender has previously been convicted of or pleaded guilty	2387
to a violation of this chapter, or of a violation of Chapter 2925.	2388
or 3719. of the Revised Code, that person is guilty of a felony of	2389
the fifth degree.	2390

(I)(1) Whoever violates division (B) of section 4729.42 of	2391
the Revised Code is guilty of unauthorized pharmacy-related drug	2392
conduct. Except as otherwise provided in this section,	2393
unauthorized pharmacy-related drug conduct is a misdemeanor of the	2394
second degree. If the offender previously has been convicted of or	2395
pleaded guilty to a violation of division (B), (C), (D), or (E) of	2396
that section, unauthorized pharmacy-related drug conduct is a	2397
misdemeanor of the first degree on a second offense and a felony	2398
of the fifth degree on a third or subsequent offense.	2399

(2) Whoever violates division (C) or (D) of section 4729.42	2400
of the Revised Code is guilty of permitting unauthorized	2401
pharmacy-related drug conduct. Except as otherwise provided in	2402
this section, permitting unauthorized pharmacy-related drug	2403
conduct is a misdemeanor of the second degree. If the offender	2404
previously has been convicted of or pleaded guilty to a violation	2405
of division (B), (C), (D), or (E) of that section, permitting	2406
unauthorized pharmacy-related drug conduct is a misdemeanor of the	2407
first degree on a second offense and a felony of the fifth degree	2408
on a third or subsequent offense.	2409

(3) Whoever violates division (E) of section 4729.42 of the	2410
Revised Code is guilty of the offense of falsification under	2411
section 2921.13 of the Revised Code. In addition to any other	2412
sanction imposed for the violation, the offender is forever	2413
disqualified from engaging in any activity specified in division	2414
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	2415
from performing any function as a health care professional or	2416
health care worker. As used in this division, "health care	2417
professional" and "health care worker" have the same meanings as	2418
in section 2305.234 of the Revised Code.	2419

(4) Notwithstanding any contrary provision of section 3719.21	2420
of the Revised Code or any other provision of law that governs the	2421
distribution of fines, the clerk of the court shall pay any fine	2422
imposed pursuant to division (I)(1), (2), or (3) of this section	2423
to the state board of pharmacy if the board has adopted a written	2424
internal control policy under division (F)(2) of section 2925.03	2425
of the Revised Code that addresses fine moneys that it receives	2426
under Chapter 2925. of the Revised Code and if the policy also	2427
addresses fine moneys paid under this division. The state board of	2428
pharmacy shall use the fines so paid in accordance with the	2429
written internal control policy to subsidize the board's law	2430
enforcement efforts that pertain to drug offenses.	2431

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	2432
the Revised Code is guilty of a misdemeanor of the third degree.	2433
If the offender has previously been convicted of or pleaded guilty	2434
to a violation of division (A)(1), (2), or (3) of section 4729.86	2435
of the Revised Code, that person is guilty of a misdemeanor of the	2436
first degree.	2437

(2) Whoever violates division (A)(2) of section 4729.86 of	2438
the Revised Code is guilty of a misdemeanor of the first degree.	2439
If the offender has previously been convicted of or pleaded guilty	2440
to a violation of division (A)(1), (2), or (3) of section 4729.86	2441
of the Revised Code, that person is guilty of a felony of the	2442
fifth degree.	2443

(3) Whoever violates division (A)(3) of section 4729.86 of	2444
the Revised Code is guilty of a felony of the fifth degree. If the	2445
offender has previously been convicted of or pleaded guilty to a	2446
violation of division (A)(1), (2), or (3) of section 4729.86 of	2447
the Revised Code, that person is guilty of a felony of the fourth	2448
degree.	2449

(K) A person who violates division (C) of section 4729.552 of	2450
the Revised Code is guilty of a misdemeanor of the first degree.	2451
If the person previously has been convicted of or pleaded guilty	2452
to a violation of division (C) of section 4729.552 of the Revised	2453
Code, that person is guilty of a felony of the fifth degree.	2454

Sec. 4730.53. (A) As used in this section, "drug database"	2455
means the database established and maintained by the state board	2456
of pharmacy pursuant to section 4729.75 of the Revised Code.	2457

(B) The medical board shall adopt rules in accordance with	2458
Chapter 119. of the Revised Code that establish standards and	2459
procedures to be followed by a physician assistant who holds a	2460
certificate to prescribe issued under this chapter regarding the	2461
review of patient information available through the drug database.	2462

(C) This section and the rules adopted under it do not apply	2463
if the state board of pharmacy no longer maintains the drug	2464
database.	2465

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

2466

(1) "Dangerous drug" has the same meaning as in section	2467
4729.01 of the Revised Code.	2468

(2) "Intractable pain" means a state of pain that is	2469
determined, after reasonable medical efforts have been made to	2470
relieve the pain or cure its cause, to have a cause for which no	2471
treatment or cure is possible or for which none has been found	2472
Chronic pain" means pain that has persisted after reasonable	2473
medical efforts have been made to relieve the pain or cure its	2474
cause and that has continued, either continuously or episodically,	2475
for longer than three continuous months. "Chronic pain" does not	2476
include pain associated with a terminal condition or with a	2477
progressive disease that, in the normal course of progression, may	2478
reasonably be expected to result in a terminal condition.	2479

(3) "Physician" means an individual authorized under this	2480
chapter to practice medicine and surgery or osteopathic medicine	2481
and surgery.	2482

(B) The state medical board shall adopt rules in accordance	2483
with Chapter 119. of the Revised Code that establish standards and	2484
procedures to be followed by physicians in the diagnosis and	2485
treatment of intractablechronic pain, including standards for	2486
managing intractablechronic pain by prescribing, personally	2487
furnishing, or administering dangerous drugs in amounts or	2488
combinations that may not be appropriate when treating other	2489
medical conditions. In developing the rules, the board shall	2490
consult with and permit review by physicians who are experienced	2491
in the diagnosis and treatment of intractablechronic pain.	2492

(C) When a physician diagnoses an individual as having	2493
intractablechronic pain, the physician may treat the pain by	2494
managing it with dangerous drugs in amounts or combinations that	2495
may not be appropriate when treating other medical conditions. The	2496
physician's diagnosis shall be made after having the individual	2497
evaluated by one or more other physicians who specialize in the	2498
treatment of the area, system, or organ of the body perceived as	2499
the source of the pain. The physician's diagnosis and treatment	2500
decisions shall be made according to accepted and prevailing	2501
standards for medical care. The physician shall maintain a record	2502
of all of the following:	2503

(1) Medical history and physical examination of the	2504
individual;	2505

(2) The diagnosis of intractablechronic pain, including	2506
signs, symptoms, and causes;	2507

(3) The plan of treatment proposed, the patient's response to	2508
treatment, and any modification to the plan of treatment;	2509

(4) The dates on which dangerous drugs were prescribed,	2510
furnished, or administered, the name and address of the individual	2511
to or for whom the dangerous drugs were prescribed, dispensed, or	2512
administered, and the amounts and dosage forms for the dangerous	2513
drugs prescribed, furnished, or administered;	2514

(5) A copy of the report made by the physician or the	2515
physician to whom referral for evaluation was made under this	2516
division.	2517

(D) A physician who treats intractablechronic pain by	2518
managing it with dangerous drugs is not subject to disciplinary	2519
action by the board under section 4731.22 of the Revised Code	2520
solely because the physician treated the intractablechronic pain	2521
with dangerous drugs. The physician is subject to disciplinary	2522
action only if the dangerous drugs are not prescribed, furnished,	2523
or administered in accordance with this section and the rules	2524
adopted under it.	2525

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

2526

(1) "Chronic pain" has the same meaning as in section	2527
4731.052 of the Revised Code.	2528

(2) "Controlled substance" has the same meaning as in section	2529
3719.01 of the Revised Code.	2530

(3) "Owner" means each person included on the list maintained	2531
under division (B)(5) of section 4729.552 of the Revised Code.	2532

(4)(a) "Pain management clinic" means a facility to which all	2533
of the following apply:	2534

(i) The primary component of practice is treatment of pain or	2535
chronic pain;	2536

(ii) The majority of patients of the prescribers at the	2537
facility are provided treatment for pain or chronic pain that	2538
includes the use of controlled substances, tramadol, carisoprodol,	2539
or other drugs specified in rules adopted under this section;	2540

(iii) The facility meets any other identifying criteria	2541
established in rules adopted under this section.	2542

(b) "Pain management clinic" does not include any of the	2543
following:	2544

(i) A hospital registered with the department of health under	2545
section 3701.07 of the Revised Code or a facility owned in whole	2546
or in part by a hospital;	2547

(ii) A school, college, university, or other educational	2548
institution or program to the extent that it provides instruction	2549
to individuals preparing to practice as physicians, podiatrists,	2550
dentists, nurses, physician assistants, optometrists, or	2551
veterinarians or any affiliated facility to the extent that it	2552
participates in the provision of that instruction;	2553

(iii) A hospice program licensed under Chapter 3712. of the	2554
Revised Code;	2555

(iv) An ambulatory surgical facility licensed under section	2556
3702.30 of the Revised Code.	2557

(5) "Physician" means an individual authorized under this	2558
chapter to practice medicine and surgery or osteopathic medicine	2559
and surgery.	2560

(6) "Prescriber" has the same meaning as in section 4729.01	2561
of the Revised Code.	2562

(B) Each owner shall supervise, control, and direct the	2563
activities of each individual, including an employee, volunteer,	2564
or individual under contract, who provides treatment of pain or	2565
chronic pain at the clinic or is associated with the provision of	2566
that treatment. The supervision, control, and direction shall be	2567
provided in accordance with rules adopted under this section.	2568

(C) The state medical board shall adopt rules in accordance	2569
with Chapter 119. of the Revised Code that establish all of the	2570
following:	2571

(1) Standards and procedures for the operation of a pain	2572
management clinic;	2573

(2) Standards and procedures to be followed by a physician	2574
who provides care at a pain management clinic;	2575

(3) For purposes of division (A)(4)(a)(ii) of this section,	2576
the other drugs used to treat pain or chronic pain that identify a	2577
facility as a pain management clinic;	2578

(4) For purposes of division (A)(4)(a)(iii) of this section,	2579
the other criteria that identify a facility as a pain management	2580
clinic;	2581

(5) For purposes of division (B) of this section, standards	2582
and procedures to be followed by an owner in providing	2583
supervision, direction, and control of individuals at a pain	2584
management clinic.	2585

(D) The board may impose a fine of not more than twenty	2586
thousand dollars on a physician who fails to comply with rules	2587
adopted under this section. The fine may be in addition to or in	2588
lieu of any other action that may be taken under section 4731.22	2589
of the Revised Code. The board shall deposit any amounts received	2590
under this division in accordance with section 4731.24 of the	2591
Revised Code.	2592

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

2593

(1) "Drug database" means the database established and	2594
maintained by the state board of pharmacy pursuant to section	2595
4729.75 of the Revised Code.	2596

(2) "Physician" means an individual authorized under this	2597
chapter to practice medicine and surgery, osteopathic medicine and	2598
surgery, or podiatric medicine and surgery.	2599

(B) The state medical board shall adopt rules in accordance	2600
with Chapter 119. of the Revised Code that establish standards and	2601
procedures to be followed by a physician regarding the review of	2602
patient information available through the drug database.	2603

(C) This section and the rules adopted under it do not apply	2604
if the state board of pharmacy no longer maintains the drug	2605
database.	2606

Sec. 4731.22.  (A) The state medical board, by an affirmative	2607
vote of not fewer than six of its members, may revoke or may	2608
refuse to grant a certificate to a person found by the board to	2609
have committed fraud during the administration of the examination	2610
for a certificate to practice or to have committed fraud,	2611
misrepresentation, or deception in applying for or securing any	2612
certificate to practice or certificate of registration issued by	2613
the board.	2614

(B) The board, by an affirmative vote of not fewer than six	2615
members, shall, to the extent permitted by law, limit, revoke, or	2616
suspend an individual's certificate to practice, refuse to	2617
register an individual, refuse to reinstate a certificate, or	2618
reprimand or place on probation the holder of a certificate for	2619
one or more of the following reasons:	2620

(1) Permitting one's name or one's certificate to practice or	2621
certificate of registration to be used by a person, group, or	2622
corporation when the individual concerned is not actually	2623
directing the treatment given;	2624

(2) Failure to maintain minimal standards applicable to the	2625
selection or administration of drugs, or failure to employ	2626
acceptable scientific methods in the selection of drugs or other	2627
modalities for treatment of disease;	2628

(3) Selling, giving away, personally furnishing, prescribing,	2629
or administering drugs for other than legal and legitimate	2630
therapeutic purposes or a plea of guilty to, a judicial finding of	2631
guilt of, or a judicial finding of eligibility for intervention in	2632
lieu of conviction of, a violation of any federal or state law	2633
regulating the possession, distribution, or use of any drug;	2634

(4) Willfully betraying a professional confidence.

2635

For purposes of this division, "willfully betraying a	2636
professional confidence" does not include providing any	2637
information, documents, or reports to a child fatality review	2638
board under sections 307.621 to 307.629 of the Revised Code and	2639
does not include the making of a report of an employee's use of a	2640
drug of abuse, or a report of a condition of an employee other	2641
than one involving the use of a drug of abuse, to the employer of	2642
the employee as described in division (B) of section 2305.33 of	2643
the Revised Code. Nothing in this division affects the immunity	2644
from civil liability conferred by that section upon a physician	2645
who makes either type of report in accordance with division (B) of	2646
that section. As used in this division, "employee," "employer,"	2647
and "physician" have the same meanings as in section 2305.33 of	2648
the Revised Code.	2649

(5) Making a false, fraudulent, deceptive, or misleading	2650
statement in the solicitation of or advertising for patients; in	2651
relation to the practice of medicine and surgery, osteopathic	2652
medicine and surgery, podiatric medicine and surgery, or a limited	2653
branch of medicine; or in securing or attempting to secure any	2654
certificate to practice or certificate of registration issued by	2655
the board.	2656

As used in this division, "false, fraudulent, deceptive, or	2657
misleading statement" means a statement that includes a	2658
misrepresentation of fact, is likely to mislead or deceive because	2659
of a failure to disclose material facts, is intended or is likely	2660
to create false or unjustified expectations of favorable results,	2661
or includes representations or implications that in reasonable	2662
probability will cause an ordinarily prudent person to	2663
misunderstand or be deceived.	2664

(6) A departure from, or the failure to conform to, minimal	2665
standards of care of similar practitioners under the same or	2666
similar circumstances, whether or not actual injury to a patient	2667
is established;	2668

(7) Representing, with the purpose of obtaining compensation	2669
or other advantage as personal gain or for any other person, that	2670
an incurable disease or injury, or other incurable condition, can	2671
be permanently cured;	2672

(8) The obtaining of, or attempting to obtain, money or	2673
anything of value by fraudulent misrepresentations in the course	2674
of practice;	2675

(9) A plea of guilty to, a judicial finding of guilt of, or a	2676
judicial finding of eligibility for intervention in lieu of	2677
conviction for, a felony;	2678

(10) Commission of an act that constitutes a felony in this	2679
state, regardless of the jurisdiction in which the act was	2680
committed;	2681

(11) A plea of guilty to, a judicial finding of guilt of, or	2682
a judicial finding of eligibility for intervention in lieu of	2683
conviction for, a misdemeanor committed in the course of practice;	2684

(12) Commission of an act in the course of practice that	2685
constitutes a misdemeanor in this state, regardless of the	2686
jurisdiction in which the act was committed;	2687

(13) A plea of guilty to, a judicial finding of guilt of, or	2688
a judicial finding of eligibility for intervention in lieu of	2689
conviction for, a misdemeanor involving moral turpitude;	2690

(14) Commission of an act involving moral turpitude that	2691
constitutes a misdemeanor in this state, regardless of the	2692
jurisdiction in which the act was committed;	2693

(15) Violation of the conditions of limitation placed by the	2694
board upon a certificate to practice;	2695

(16) Failure to pay license renewal fees specified in this	2696
chapter;	2697

(17) Except as authorized in section 4731.31 of the Revised	2698
Code, engaging in the division of fees for referral of patients,	2699
or the receiving of a thing of value in return for a specific	2700
referral of a patient to utilize a particular service or business;	2701

(18) Subject to section 4731.226 of the Revised Code,	2702
violation of any provision of a code of ethics of the American	2703
medical association, the American osteopathic association, the	2704
American podiatric medical association, or any other national	2705
professional organizations that the board specifies by rule. The	2706
state medical board shall obtain and keep on file current copies	2707
of the codes of ethics of the various national professional	2708
organizations. The individual whose certificate is being suspended	2709
or revoked shall not be found to have violated any provision of a	2710
code of ethics of an organization not appropriate to the	2711
individual's profession.	2712

For purposes of this division, a "provision of a code of	2713
ethics of a national professional organization" does not include	2714
any provision that would preclude the making of a report by a	2715
physician of an employee's use of a drug of abuse, or of a	2716
condition of an employee other than one involving the use of a	2717
drug of abuse, to the employer of the employee as described in	2718
division (B) of section 2305.33 of the Revised Code. Nothing in	2719
this division affects the immunity from civil liability conferred	2720
by that section upon a physician who makes either type of report	2721
in accordance with division (B) of that section. As used in this	2722
division, "employee," "employer," and "physician" have the same	2723
meanings as in section 2305.33 of the Revised Code.	2724

(19) Inability to practice according to acceptable and	2725
prevailing standards of care by reason of mental illness or	2726
physical illness, including, but not limited to, physical	2727
deterioration that adversely affects cognitive, motor, or	2728
perceptive skills.	2729

In enforcing this division, the board, upon a showing of a	2730
possible violation, may compel any individual authorized to	2731
practice by this chapter or who has submitted an application	2732
pursuant to this chapter to submit to a mental examination,	2733
physical examination, including an HIV test, or both a mental and	2734
a physical examination. The expense of the examination is the	2735
responsibility of the individual compelled to be examined. Failure	2736
to submit to a mental or physical examination or consent to an HIV	2737
test ordered by the board constitutes an admission of the	2738
allegations against the individual unless the failure is due to	2739
circumstances beyond the individual's control, and a default and	2740
final order may be entered without the taking of testimony or	2741
presentation of evidence. If the board finds an individual unable	2742
to practice because of the reasons set forth in this division, the	2743
board shall require the individual to submit to care, counseling,	2744
or treatment by physicians approved or designated by the board, as	2745
a condition for initial, continued, reinstated, or renewed	2746
authority to practice. An individual affected under this division	2747
shall be afforded an opportunity to demonstrate to the board the	2748
ability to resume practice in compliance with acceptable and	2749
prevailing standards under the provisions of the individual's	2750
certificate. For the purpose of this division, any individual who	2751
applies for or receives a certificate to practice under this	2752
chapter accepts the privilege of practicing in this state and, by	2753
so doing, shall be deemed to have given consent to submit to a	2754
mental or physical examination when directed to do so in writing	2755
by the board, and to have waived all objections to the	2756
admissibility of testimony or examination reports that constitute	2757
a privileged communication.	2758

(20) Except when civil penalties are imposed under section	2759
4731.225 or 4731.281 of the Revised Code, and subject to section	2760
4731.226 of the Revised Code, violating or attempting to violate,	2761
directly or indirectly, or assisting in or abetting the violation	2762
of, or conspiring to violate, any provisions of this chapter or	2763
any rule promulgated by the board.	2764

This division does not apply to a violation or attempted	2765
violation of, assisting in or abetting the violation of, or a	2766
conspiracy to violate, any provision of this chapter or any rule	2767
adopted by the board that would preclude the making of a report by	2768
a physician of an employee's use of a drug of abuse, or of a	2769
condition of an employee other than one involving the use of a	2770
drug of abuse, to the employer of the employee as described in	2771
division (B) of section 2305.33 of the Revised Code. Nothing in	2772
this division affects the immunity from civil liability conferred	2773
by that section upon a physician who makes either type of report	2774
in accordance with division (B) of that section. As used in this	2775
division, "employee," "employer," and "physician" have the same	2776
meanings as in section 2305.33 of the Revised Code.	2777

(21) The violation of section 3701.79 of the Revised Code or	2778
of any abortion rule adopted by the public health council pursuant	2779
to section 3701.341 of the Revised Code;	2780

(22) Any of the following actions taken by thean agency	2781
responsible for authorizing, certifying, or regulating the	2782
practice of medicine and surgery, osteopathic medicine and	2783
surgery, podiatric medicine and surgery, or the limited branches	2784
of medicine inan individual to practice a health care occupation	2785
or provide health care services in this state or another	2786
jurisdiction, for any reason other than the nonpayment of fees:	2787
the limitation, revocation, or suspension of an individual's	2788
license to practice; acceptance of an individual's license	2789
surrender; denial of a license; refusal to renew or reinstate a	2790
license; imposition of probation; or issuance of an order of	2791
censure or other reprimand;	2792

(23) The violation of section 2919.12 of the Revised Code or	2793
the performance or inducement of an abortion upon a pregnant woman	2794
with actual knowledge that the conditions specified in division	2795
(B) of section 2317.56 of the Revised Code have not been satisfied	2796
or with a heedless indifference as to whether those conditions	2797
have been satisfied, unless an affirmative defense as specified in	2798
division (H)(2) of that section would apply in a civil action	2799
authorized by division (H)(1) of that section;	2800

(24) The revocation, suspension, restriction, reduction, or	2801
termination of clinical privileges by the United States department	2802
of defense or department of veterans affairs or the termination or	2803
suspension of a certificate of registration to prescribe drugs by	2804
the drug enforcement administration of the United States	2805
department of justice;	2806

(25) Termination or suspension from participation in the	2807
medicare or medicaid programs by the department of health and	2808
human services or other responsible agency for any act or acts	2809
that also would constitute a violation of division (B)(2), (3),	2810
(6), (8), or (19) of this section;	2811

(26) Impairment of ability to practice according to	2812
acceptable and prevailing standards of care because of habitual or	2813
excessive use or abuse of drugs, alcohol, or other substances that	2814
impair ability to practice.	2815

For the purposes of this division, any individual authorized	2816
to practice by this chapter accepts the privilege of practicing in	2817
this state subject to supervision by the board. By filing an	2818
application for or holding a certificate to practice under this	2819
chapter, an individual shall be deemed to have given consent to	2820
submit to a mental or physical examination when ordered to do so	2821
by the board in writing, and to have waived all objections to the	2822
admissibility of testimony or examination reports that constitute	2823
privileged communications.	2824

If it has reason to believe that any individual authorized to	2825
practice by this chapter or any applicant for certification to	2826
practice suffers such impairment, the board may compel the	2827
individual to submit to a mental or physical examination, or both.	2828
The expense of the examination is the responsibility of the	2829
individual compelled to be examined. Any mental or physical	2830
examination required under this division shall be undertaken by a	2831
treatment provider or physician who is qualified to conduct the	2832
examination and who is chosen by the board.	2833

Failure to submit to a mental or physical examination ordered	2834
by the board constitutes an admission of the allegations against	2835
the individual unless the failure is due to circumstances beyond	2836
the individual's control, and a default and final order may be	2837
entered without the taking of testimony or presentation of	2838
evidence. If the board determines that the individual's ability to	2839
practice is impaired, the board shall suspend the individual's	2840
certificate or deny the individual's application and shall require	2841
the individual, as a condition for initial, continued, reinstated,	2842
or renewed certification to practice, to submit to treatment.	2843

Before being eligible to apply for reinstatement of a	2844
certificate suspended under this division, the impaired	2845
practitioner shall demonstrate to the board the ability to resume	2846
practice in compliance with acceptable and prevailing standards of	2847
care under the provisions of the practitioner's certificate. The	2848
demonstration shall include, but shall not be limited to, the	2849
following:	2850

(a) Certification from a treatment provider approved under	2851
section 4731.25 of the Revised Code that the individual has	2852
successfully completed any required inpatient treatment;	2853

(b) Evidence of continuing full compliance with an aftercare	2854
contract or consent agreement;	2855

(c) Two written reports indicating that the individual's	2856
ability to practice has been assessed and that the individual has	2857
been found capable of practicing according to acceptable and	2858
prevailing standards of care. The reports shall be made by	2859
individuals or providers approved by the board for making the	2860
assessments and shall describe the basis for their determination.	2861

The board may reinstate a certificate suspended under this	2862
division after that demonstration and after the individual has	2863
entered into a written consent agreement.	2864

When the impaired practitioner resumes practice, the board	2865
shall require continued monitoring of the individual. The	2866
monitoring shall include, but not be limited to, compliance with	2867
the written consent agreement entered into before reinstatement or	2868
with conditions imposed by board order after a hearing, and, upon	2869
termination of the consent agreement, submission to the board for	2870
at least two years of annual written progress reports made under	2871
penalty of perjury stating whether the individual has maintained	2872
sobriety.	2873

(27) A second or subsequent violation of section 4731.66 or	2874
4731.69 of the Revised Code;	2875

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

2876

(a) Waiving the payment of all or any part of a deductible or	2877
copayment that a patient, pursuant to a health insurance or health	2878
care policy, contract, or plan that covers the individual's	2879
services, otherwise would be required to pay if the waiver is used	2880
as an enticement to a patient or group of patients to receive	2881
health care services from that individual;	2882

(b) Advertising that the individual will waive the payment of	2883
all or any part of a deductible or copayment that a patient,	2884
pursuant to a health insurance or health care policy, contract, or	2885
plan that covers the individual's services, otherwise would be	2886
required to pay.	2887

(29) Failure to use universal blood and body fluid	2888
precautions established by rules adopted under section 4731.051 of	2889
the Revised Code;	2890

(30) Failure to provide notice to, and receive acknowledgment	2891
of the notice from, a patient when required by section 4731.143 of	2892
the Revised Code prior to providing nonemergency professional	2893
services, or failure to maintain that notice in the patient's	2894
file;	2895

(31) Failure of a physician supervising a physician assistant	2896
to maintain supervision in accordance with the requirements of	2897
Chapter 4730. of the Revised Code and the rules adopted under that	2898
chapter;	2899

(32) Failure of a physician or podiatrist to enter into a	2900
standard care arrangement with a clinical nurse specialist,	2901
certified nurse-midwife, or certified nurse practitioner with whom	2902
the physician or podiatrist is in collaboration pursuant to	2903
section 4731.27 of the Revised Code or failure to fulfill the	2904
responsibilities of collaboration after entering into a standard	2905
care arrangement;	2906

(33) Failure to comply with the terms of a consult agreement	2907
entered into with a pharmacist pursuant to section 4729.39 of the	2908
Revised Code;	2909

(34) Failure to cooperate in an investigation conducted by	2910
the board under division (F) of this section, including failure to	2911
comply with a subpoena or order issued by the board or failure to	2912
answer truthfully a question presented by the board at a	2913
deposition or in written interrogatories, except that failure to	2914
cooperate with an investigation shall not constitute grounds for	2915
discipline under this section if a court of competent jurisdiction	2916
has issued an order that either quashes a subpoena or permits the	2917
individual to withhold the testimony or evidence in issue;	2918

(35) Failure to supervise an acupuncturist in accordance with	2919
Chapter 4762. of the Revised Code and the board's rules for	2920
supervision of an acupuncturist;	2921

(36) Failure to supervise an anesthesiologist assistant in	2922
accordance with Chapter 4760. of the Revised Code and the board's	2923
rules for supervision of an anesthesiologist assistant;	2924

(37) Assisting suicide as defined in section 3795.01 of the	2925
Revised Code;	2926

(38) Failure to comply with the requirements of section	2927
2317.561 of the Revised Code;	2928

(39) Failure to supervise a radiologist assistant in	2929
accordance with Chapter 4774. of the Revised Code and the board's	2930
rules for supervision of radiologist assistants;	2931

(40) Performing or inducing an abortion at an office or	2932
facility with knowledge that the office or facility fails to post	2933
the notice required under section 3701.791 of the Revised Code;	2934

(41) Failure to comply with the standards and procedures	2935
established in rules under section 4731.054 of the Revised Code	2936
for the operation of or the provision of care at a pain management	2937
clinic;	2938

(42) Failure to comply with the standards and procedures	2939
established in rules under section 4731.054 of the Revised Code	2940
for providing supervision, direction, and control of individuals	2941
at a pain management clinic;	2942

(43) Failure to comply with the requirements of section	2943
4729.79 of the Revised Code, unless the state board of pharmacy no	2944
longer maintains a drug database pursuant to section 4729.75 of	2945
the Revised Code.	2946

(C) Disciplinary actions taken by the board under divisions	2947
(A) and (B) of this section shall be taken pursuant to an	2948
adjudication under Chapter 119. of the Revised Code, except that	2949
in lieu of an adjudication, the board may enter into a consent	2950
agreement with an individual to resolve an allegation of a	2951
violation of this chapter or any rule adopted under it. A consent	2952
agreement, when ratified by an affirmative vote of not fewer than	2953
six members of the board, shall constitute the findings and order	2954
of the board with respect to the matter addressed in the	2955
agreement. If the board refuses to ratify a consent agreement, the	2956
admissions and findings contained in the consent agreement shall	2957
be of no force or effect.	2958

A telephone conference call may be utilized for ratification	2959
of a consent agreement that revokes or suspends an individual's	2960
certificate to practice. The telephone conference call shall be	2961
considered a special meeting under division (F) of section 121.22	2962
of the Revised Code.	2963

If the board takes disciplinary action against an individual	2964
under division (B) of this section for a second or subsequent plea	2965
of guilty to, or judicial finding of guilt of, a violation of	2966
section 2919.123 of the Revised Code, the disciplinary action	2967
shall consist of a suspension of the individual's certificate to	2968
practice for a period of at least one year or, if determined	2969
appropriate by the board, a more serious sanction involving the	2970
individual's certificate to practice. Any consent agreement	2971
entered into under this division with an individual that pertains	2972
to a second or subsequent plea of guilty to, or judicial finding	2973
of guilt of, a violation of that section shall provide for a	2974
suspension of the individual's certificate to practice for a	2975
period of at least one year or, if determined appropriate by the	2976
board, a more serious sanction involving the individual's	2977
certificate to practice.	2978

(D) For purposes of divisions (B)(10), (12), and (14) of this	2979
section, the commission of the act may be established by a finding	2980
by the board, pursuant to an adjudication under Chapter 119. of	2981
the Revised Code, that the individual committed the act. The board	2982
does not have jurisdiction under those divisions if the trial	2983
court renders a final judgment in the individual's favor and that	2984
judgment is based upon an adjudication on the merits. The board	2985
has jurisdiction under those divisions if the trial court issues	2986
an order of dismissal upon technical or procedural grounds.	2987

(E) The sealing of conviction records by any court shall have	2988
no effect upon a prior board order entered under this section or	2989
upon the board's jurisdiction to take action under this section	2990
if, based upon a plea of guilty, a judicial finding of guilt, or a	2991
judicial finding of eligibility for intervention in lieu of	2992
conviction, the board issued a notice of opportunity for a hearing	2993
prior to the court's order to seal the records. The board shall	2994
not be required to seal, destroy, redact, or otherwise modify its	2995
records to reflect the court's sealing of conviction records.	2996

(F)(1) The board shall investigate evidence that appears to	2997
show that a person has violated any provision of this chapter or	2998
any rule adopted under it. Any person may report to the board in a	2999
signed writing any information that the person may have that	3000
appears to show a violation of any provision of this chapter or	3001
any rule adopted under it. In the absence of bad faith, any person	3002
who reports information of that nature or who testifies before the	3003
board in any adjudication conducted under Chapter 119. of the	3004
Revised Code shall not be liable in damages in a civil action as a	3005
result of the report or testimony. Each complaint or allegation of	3006
a violation received by the board shall be assigned a case number	3007
and shall be recorded by the board.	3008

(2) Investigations of alleged violations of this chapter or	3009
any rule adopted under it shall be supervised by the supervising	3010
member elected by the board in accordance with section 4731.02 of	3011
the Revised Code and by the secretary as provided in section	3012
4731.39 of the Revised Code. The president may designate another	3013
member of the board to supervise the investigation in place of the	3014
supervising member. No member of the board who supervises the	3015
investigation of a case shall participate in further adjudication	3016
of the case.	3017

(3) In investigating a possible violation of this chapter or	3018
any rule adopted under this chapter, the board may administer	3019
oaths, order the taking of depositions, inspect and copy any	3020
books, accounts, papers, records, or documents, issue subpoenas,	3021
and compel the attendance of witnesses and production of books,	3022
accounts, papers, records, documents, and testimony, except that a	3023
subpoena for patient record information shall not be issued	3024
without consultation with the attorney general's office and	3025
approval of the secretary and supervising member of the board.	3026
Before issuance of a subpoena for patient record information, the	3027
secretary and supervising member shall determine whether there is	3028
probable cause to believe that the complaint filed alleges a	3029
violation of this chapter or any rule adopted under it and that	3030
the records sought are relevant to the alleged violation and	3031
material to the investigation. The subpoena may apply only to	3032
records that cover a reasonable period of time surrounding the	3033
alleged violation.	3034

On failure to comply with any subpoena issued by the board	3035
and after reasonable notice to the person being subpoenaed, the	3036
board may move for an order compelling the production of persons	3037
or records pursuant to the Rules of Civil Procedure.	3038

A subpoena issued by the board may be served by a sheriff,	3039
the sheriff's deputy, or a board employee designated by the board.	3040
Service of a subpoena issued by the board may be made by	3041
delivering a copy of the subpoena to the person named therein,	3042
reading it to the person, or leaving it at the person's usual	3043
place of residence. When the person being served is a person whose	3044
practice is authorized by this chapter, service of the subpoena	3045
may be made by certified mail, restricted delivery, return receipt	3046
requested, and the subpoena shall be deemed served on the date	3047
delivery is made or the date the person refuses to accept	3048
delivery.	3049

A sheriff's deputy who serves a subpoena shall receive the	3050
same fees as a sheriff. Each witness who appears before the board	3051
in obedience to a subpoena shall receive the fees and mileage	3052
provided for under section 119.094 of the Revised Code.	3053

(4) All hearings and investigations of the board shall be	3054
considered civil actions for the purposes of section 2305.252 of	3055
the Revised Code.	3056

(5) Information received by the board pursuant to an	3057
investigation is confidential and not subject to discovery in any	3058
civil action.	3059

The board shall conduct all investigations and proceedings in	3060
a manner that protects the confidentiality of patients and persons	3061
who file complaints with the board. The board shall not make	3062
public the names or any other identifying information about	3063
patients or complainants unless proper consent is given or, in the	3064
case of a patient, a waiver of the patient privilege exists under	3065
division (B) of section 2317.02 of the Revised Code, except that	3066
consent or a waiver of that nature is not required if the board	3067
possesses reliable and substantial evidence that no bona fide	3068
physician-patient relationship exists.	3069

The board may share any information it receives pursuant to	3070
an investigation, including patient records and patient record	3071
information, with law enforcement agencies, other licensing	3072
boards, and other governmental agencies that are prosecuting,	3073
adjudicating, or investigating alleged violations of statutes or	3074
administrative rules. An agency or board that receives the	3075
information shall comply with the same requirements regarding	3076
confidentiality as those with which the state medical board must	3077
comply, notwithstanding any conflicting provision of the Revised	3078
Code or procedure of the agency or board that applies when it is	3079
dealing with other information in its possession. In a judicial	3080
proceeding, the information may be admitted into evidence only in	3081
accordance with the Rules of Evidence, but the court shall require	3082
that appropriate measures are taken to ensure that confidentiality	3083
is maintained with respect to any part of the information that	3084
contains names or other identifying information about patients or	3085
complainants whose confidentiality was protected by the state	3086
medical board when the information was in the board's possession.	3087
Measures to ensure confidentiality that may be taken by the court	3088
include sealing its records or deleting specific information from	3089
its records.	3090

(6) On a quarterly basis, the board shall prepare a report	3091
that documents the disposition of all cases during the preceding	3092
three months. The report shall contain the following information	3093
for each case with which the board has completed its activities:	3094

(a) The case number assigned to the complaint or alleged	3095
violation;	3096

(b) The type of certificate to practice, if any, held by the	3097
individual against whom the complaint is directed;	3098

(c) A description of the allegations contained in the	3099
complaint;	3100

(d) The disposition of the case.

3101

The report shall state how many cases are still pending and	3102
shall be prepared in a manner that protects the identity of each	3103
person involved in each case. The report shall be a public record	3104
under section 149.43 of the Revised Code.	3105

(G) If the secretary and supervising member determine that	3106
thereboth of the following, they may recommend that the board	3107
suspend an individual's certificate to practice without a prior	3108
hearing:	3109

(1) That there is clear and convincing evidence that an	3110
individual has violated division (B) of this section and that;	3111

(2) That the individual's continued practice presents a	3112
danger of immediate and serious harm to the public, they may	3113
recommend that the board suspend the individual's certificate to	3114
practice without a prior hearing. Written	3115

Written allegations shall be prepared for consideration by	3116
the board. The	3117

The board, upon review of those allegations and by an	3118
affirmative vote of not fewer than six of its members, excluding	3119
the secretary and supervising member, may suspend a certificate	3120
without a prior hearing. A telephone conference call may be	3121
utilized for reviewing the allegations and taking the vote on the	3122
summary suspension.	3123

The board shall issue a written order of suspension by	3124
certified mail or in person in accordance with section 119.07 of	3125
the Revised Code. The order shall not be subject to suspension by	3126
the court during pendency of any appeal filed under section 119.12	3127
of the Revised Code. If the individual subject to the summary	3128
suspension requests an adjudicatory hearing by the board, the date	3129
set for the hearing shall be within fifteen days, but not earlier	3130
than seven days, after the individual requests the hearing, unless	3131
otherwise agreed to by both the board and the individual.	3132

Any summary suspension imposed under this division shall	3133
remain in effect, unless reversed on appeal, until a final	3134
adjudicative order issued by the board pursuant to this section	3135
and Chapter 119. of the Revised Code becomes effective. The board	3136
shall issue its final adjudicative order within seventy-five days	3137
after completion of its hearing. A failure to issue the order	3138
within seventy-five days shall result in dissolution of the	3139
summary suspension order but shall not invalidate any subsequent,	3140
final adjudicative order.	3141

(H) If the board takes action under division (B)(9), (11), or	3142
(13) of this section and the judicial finding of guilt, guilty	3143
plea, or judicial finding of eligibility for intervention in lieu	3144
of conviction is overturned on appeal, upon exhaustion of the	3145
criminal appeal, a petition for reconsideration of the order may	3146
be filed with the board along with appropriate court documents.	3147
Upon receipt of a petition of that nature and supporting court	3148
documents, the board shall reinstate the individual's certificate	3149
to practice. The board may then hold an adjudication under Chapter	3150
119. of the Revised Code to determine whether the individual	3151
committed the act in question. Notice of an opportunity for a	3152
hearing shall be given in accordance with Chapter 119. of the	3153
Revised Code. If the board finds, pursuant to an adjudication held	3154
under this division, that the individual committed the act or if	3155
no hearing is requested, the board may order any of the sanctions	3156
identified under division (B) of this section.	3157

(I) The certificate to practice issued to an individual under	3158
this chapter and the individual's practice in this state are	3159
automatically suspended as of the date of the individual's second	3160
or subsequent plea of guilty to, or judicial finding of guilt of,	3161
a violation of section 2919.123 of the Revised Code, or the date	3162
the individual pleads guilty to, is found by a judge or jury to be	3163
guilty of, or is subject to a judicial finding of eligibility for	3164
intervention in lieu of conviction in this state or treatment or	3165
intervention in lieu of conviction in another jurisdiction for any	3166
of the following criminal offenses in this state or a	3167
substantially equivalent criminal offense in another jurisdiction:	3168
aggravated murder, murder, voluntary manslaughter, felonious	3169
assault, kidnapping, rape, sexual battery, gross sexual	3170
imposition, aggravated arson, aggravated robbery, or aggravated	3171
burglary. Continued practice after suspension shall be considered	3172
practicing without a certificate.	3173

The board shall notify the individual subject to the	3174
suspension by certified mail or in person in accordance with	3175
section 119.07 of the Revised Code. If an individual whose	3176
certificate is automatically suspended under this division fails	3177
to make a timely request for an adjudication under Chapter 119. of	3178
the Revised Code, the board shall do whichever of the following is	3179
applicable:	3180

(1) If the automatic suspension under this division is for a	3181
second or subsequent plea of guilty to, or judicial finding of	3182
guilt of, a violation of section 2919.123 of the Revised Code, the	3183
board shall enter an order suspending the individual's certificate	3184
to practice for a period of at least one year or, if determined	3185
appropriate by the board, imposing a more serious sanction	3186
involving the individual's certificate to practice.	3187

(2) In all circumstances in which division (I)(1) of this	3188
section does not apply, enter a final order permanently revoking	3189
the individual's certificate to practice.	3190

(J) If the board is required by Chapter 119. of the Revised	3191
Code to give notice of an opportunity for a hearing and if the	3192
individual subject to the notice does not timely request a hearing	3193
in accordance with section 119.07 of the Revised Code, the board	3194
is not required to hold a hearing, but may adopt, by an	3195
affirmative vote of not fewer than six of its members, a final	3196
order that contains the board's findings. In that final order, the	3197
board may order any of the sanctions identified under division (A)	3198
or (B) of this section.	3199

(K) Any action taken by the board under division (B) of this	3200
section resulting in a suspension from practice shall be	3201
accompanied by a written statement of the conditions under which	3202
the individual's certificate to practice may be reinstated. The	3203
board shall adopt rules governing conditions to be imposed for	3204
reinstatement. Reinstatement of a certificate suspended pursuant	3205
to division (B) of this section requires an affirmative vote of	3206
not fewer than six members of the board.	3207

(L) When the board refuses to grant a certificate to an	3208
applicant, revokes an individual's certificate to practice,	3209
refuses to register an applicant, or refuses to reinstate an	3210
individual's certificate to practice, the board may specify that	3211
its action is permanent. An individual subject to a permanent	3212
action taken by the board is forever thereafter ineligible to hold	3213
a certificate to practice and the board shall not accept an	3214
application for reinstatement of the certificate or for issuance	3215
of a new certificate.	3216

(M) Notwithstanding any other provision of the Revised Code,	3217
all of the following apply:	3218

(1) The surrender of a certificate issued under this chapter	3219
shall not be effective unless or until accepted by the board. A	3220
telephone conference call may be utilized for acceptance of the	3221
surrender of an individual's certificate to practice. The	3222
telephone conference call shall be considered a special meeting	3223
under division (F) of section 121.22 of the Revised Code.	3224
Reinstatement of a certificate surrendered to the board requires	3225
an affirmative vote of not fewer than six members of the board.	3226

(2) An application for a certificate made under the	3227
provisions of this chapter may not be withdrawn without approval	3228
of the board.	3229

(3) Failure by an individual to renew a certificate of	3230
registration in accordance with this chapter shall not remove or	3231
limit the board's jurisdiction to take any disciplinary action	3232
under this section against the individual.	3233

(N) Sanctions shall not be imposed under division (B)(28) of	3234
this section against any person who waives deductibles and	3235
copayments as follows:	3236

(1) In compliance with the health benefit plan that expressly	3237
allows such a practice. Waiver of the deductibles or copayments	3238
shall be made only with the full knowledge and consent of the plan	3239
purchaser, payer, and third-party administrator. Documentation of	3240
the consent shall be made available to the board upon request.	3241

(2) For professional services rendered to any other person	3242
authorized to practice pursuant to this chapter, to the extent	3243
allowed by this chapter and rules adopted by the board.	3244

(O) Under the board's investigative duties described in this	3245
section and subject to division (F) of this section, the board	3246
shall develop and implement a quality intervention program	3247
designed to improve through remedial education the clinical and	3248
communication skills of individuals authorized under this chapter	3249
to practice medicine and surgery, osteopathic medicine and	3250
surgery, and podiatric medicine and surgery. In developing and	3251
implementing the quality intervention program, the board may do	3252
all of the following:	3253

(1) Offer in appropriate cases as determined by the board an	3254
educational and assessment program pursuant to an investigation	3255
the board conducts under this section;	3256

(2) Select providers of educational and assessment services,	3257
including a quality intervention program panel of case reviewers;	3258

(3) Make referrals to educational and assessment service	3259
providers and approve individual educational programs recommended	3260
by those providers. The board shall monitor the progress of each	3261
individual undertaking a recommended individual educational	3262
program.	3263

(4) Determine what constitutes successful completion of an	3264
individual educational program and require further monitoring of	3265
the individual who completed the program or other action that the	3266
board determines to be appropriate;	3267

(5) Adopt rules in accordance with Chapter 119. of the	3268
Revised Code to further implement the quality intervention	3269
program.	3270

An individual who participates in an individual educational	3271
program pursuant to this division shall pay the financial	3272
obligations arising from that educational program.	3273

Sec. 4731.241. The state medical board may solicit and accept	3274
grants and services from public and private sources for the	3275
purpose of developing and maintaining programs that address	3276
patient safety and education, supply and demand of health care	3277
professionals, and information sharing with the public and the	3278
individuals regulated by the board. The board shall not solicit or	3279
accept a grant or service that would interfere with the board's	3280
independence or objectivity, as determined by the board.	3281

Money received by the board under this section shall be	3282
deposited into the state treasury to the credit of the medical	3283
board education and patient safety fund, which is hereby created.	3284
The money shall be used solely in accordance with this section.	3285

Sec. 4731.283. Not later than ninety days after the	3286
effective date of this section, theThe state medical board shall	3287
approve one or more continuing medical education courses of study	3288
included within the programs certified by the Ohio state medical	3289
association and the Ohio osteopathic association pursuant to	3290
section 4731.281 of the Revised Code that assist doctors of	3291
medicine and doctors of osteopathic medicine in diagnosing and	3292
treating intractablechronic pain, as defined in section 4731.052	3293
of the Revised Code.	3294

Sec. 4731.391.  The state medical board may access and view,	3295
but not alter, information gathered and disseminated through the	3296
Ohio law enforcement gateway established under section 109.57 of	3297
the Revised Code.	3298

Sec. 4776.02. (A) An applicant for an initial license or	3299
restored license from a licensing agency, or a person seeking to	3300
satisfy the criteria for being a qualified pharmacy technician	3301
that are specified in section 4729.42 of the Revised Code, or a	3302
person seeking to satisfy the requirements to be an employee of a	3303
pain management clinic as specified in section 4729.552 of the	3304
Revised Code shall submit a request to the bureau of criminal	3305
identification and investigation for a criminal records check of	3306
the applicant or person. The request shall be accompanied by a	3307
completed copy of the form prescribed under division (C)(1) of	3308
section 109.572 of the Revised Code, a set of fingerprint	3309
impressions obtained as described in division (C)(2) of that	3310
section, and the fee prescribed under division (C)(3) of that	3311
section. The applicant or person shall ask the superintendent of	3312
the bureau of criminal identification and investigation in the	3313
request to obtain from the federal bureau of investigation any	3314
information it has pertaining to the applicant or person.	3315

An applicant or person requesting a criminal records check	3316
shall provide the bureau of criminal identification and	3317
investigation with the applicant's or person's name and address	3318
and, regarding an applicant, with the licensing agency's name and	3319
address.	3320

(B) Upon receipt of the completed form, the set of	3321
fingerprint impressions, and the fee provided for in division (A)	3322
of this section, the superintendent of the bureau of criminal	3323
identification and investigation shall conduct a criminal records	3324
check of the applicant or person under division (B) of section	3325
109.572 of the Revised Code. Upon completion of the criminal	3326
records check, the superintendent shall do whichever of the	3327
following is applicable:	3328

(1) If the request was submitted by an applicant for an	3329
initial license or restored license, report the results of the	3330
criminal records check and any information the federal bureau of	3331
investigation provides to the licensing agency identified in the	3332
request for a criminal records check;	3333

(2) If the request was submitted by a person seeking to	3334
satisfy the criteria for being a qualified pharmacy technician	3335
that are specified in section 4729.42 of the Revised Code or a	3336
person seeking to satisfy the requirements to be an employee of a	3337
pain management clinic as specified in section 4729.552 of the	3338
Revised Code, do both of the following:	3339

(a) Report the results of the criminal records check and any	3340
information the federal bureau of investigation provides to the	3341
person who submitted the request;	3342

(b) Report the results of the portion of the criminal records	3343
check performed by the bureau of criminal identification and	3344
investigation under division (B)(1) of section 109.572 of the	3345
Revised Code to the employer or potential employer specified in	3346
the request of the person who submitted the request and send a	3347
letter to that employer or potential employer regarding the	3348
information provided by the federal bureau of investigation that	3349
states either that based on that information there is no record of	3350
any conviction or that based on that information the person who	3351
submitted the request may not meet the criteria that are specified	3352
in section 4729.42 of the Revised Code, whichever is applicable.	3353

Sec. 4776.04. The results of any criminal records check	3354
conducted pursuant to a request made under this chapter and any	3355
report containing those results, including any information the	3356
federal bureau of investigation provides, are not public records	3357
for purposes of section 149.43 of the Revised Code and shall not	3358
be made available to any person or for any purpose other than as	3359
follows:	3360

(A) If the request for the criminal records check was	3361
submitted by an applicant for an initial license or restored	3362
license, as follows:	3363

(1) The superintendent of the bureau of criminal	3364
identification and investigation shall make the results available	3365
to the licensing agency for use in determining, under the agency's	3366
authorizing chapter of the Revised Code, whether the applicant who	3367
is the subject of the criminal records check should be granted a	3368
license under that chapter.	3369

(2) The licensing agency shall make the results available to	3370
the applicant who is the subject of the criminal records check.	3371

(B) If the request for the criminal records check was	3372
submitted by a person seeking to satisfy the criteria for being a	3373
qualified pharmacy technician that are specified in section	3374
4729.42 of the Revised Code or a person seeking to satisfy the	3375
requirements to be an employee of a pain management clinic as	3376
specified in section 4729.552 of the Revised Code, the	3377
superintendent of the bureau of criminal identification and	3378
investigation shall make the results available in accordance with	3379
the following:	3380

(1) The superintendent shall make the results of the criminal	3381
records check, including any information the federal bureau of	3382
investigation provides, available to the person who submitted the	3383
request and is the subject of the criminal records check.	3384

(2) The superintendent shall make the results of the portion	3385
of the criminal records check performed by the bureau of criminal	3386
identification and investigation under division (B)(1) of section	3387
109.572 of the Revised Code available to the employer or potential	3388
employer specified in the request of the person who submitted the	3389
request and shall send a letter of the type described in division	3390
(B)(2) of section 4776.02 of the Revised Code to that employer or	3391
potential employer regarding the information provided by the	3392
federal bureau of investigation that contains one of the types of	3393
statements described in that division.	3394

Sec. 5111.085. Not later than July 1, 2012, the department of	3395
job and family services shall adopt rules in accordance with	3396
Chapter 119. of the Revised Code to implement a coordinated	3397
services program for medicaid recipients who are found to have	3398
obtained prescription drugs under the medicaid program at a	3399
frequency or in an amount that is not medically necessary. The	3400
program shall be implemented in a manner that is consistent with	3401
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	3402
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R.	3403
431.54(e).	3404

Sec. 5111.172.  (A) When contracting under section 5111.17 of	3405
the Revised Code with a managed care organization that is a health	3406
insuring corporation, the department of job and family services	3407
may require the health insuring corporation to provide coverage of	3408
prescription drugs for medicaid recipients enrolled in the health	3409
insuring corporation. In providing the required coverage, the	3410
health insuring corporation may, subject to the department's	3411
approval, use strategies for the management of drug utilization.	3412

(B) As used in this division, "controlled substance" has the	3413
same meaning as in section 3719.01 of the Revised Code.	3414

If a health insuring corporation is required under this	3415
section to provide coverage of prescription drugs, the department	3416
shall permit the health insuring corporation to develop and	3417
implement a pharmacy utilization management program under which	3418
prior authorization through the program is established as a	3419
condition of obtaining a controlled substance pursuant to a	3420
prescription. The program may include processes for requiring	3421
medicaid recipients at high risk for fraud or abuse involving	3422
controlled substances to have their prescriptions for controlled	3423
substances filled by a pharmacy, medical provider, or health care	3424
facility designated by the program.	3425

Sec. 5111.179. Each contract the department of job and family	3426
services enters into with a managed care organization under	3427
section 5111.17 of the Revised Code shall require the managed care	3428
organization to implement a coordinated services program for	3429
medicaid recipients enrolled in the organization who are found to	3430
have obtained prescription drugs under the medicaid program at a	3431
frequency or in an amount that is not medically necessary. The	3432
program shall be implemented in a manner that is consistent with	3433
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810	3434
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R.	3435
431.54(e).	3436

Sec. 5111.1710. Each contract the department of job and	3437
family services enters into with a managed care organization under	3438
section 5111.17 of the Revised Code shall require the managed care	3439
organization to enter into a data security agreement with the	3440
state board of pharmacy governing the managed care organization's	3441
use of the board's drug database established and maintained under	3442
section 4729.75 of the Revised Code.	3443

This section does not apply if the board no longer maintains	3444
the drug database.	3445

Section 2.  That existing sections 109.57, 3719.08, 4715.30,	3446
4723.28, 4729.01, 4729.071, 4729.29, 4729.51, 4729.54, 4729.541,	3447
4729.55, 4729.75, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81,	3448
4729.82, 4729.83, 4729.84, 4729.99, 4731.052, 4731.22, 4731.283,	3449
4776.02, 4776.04, and 5111.172 of the Revised Code are hereby	3450
repealed.	3451

Section 3. This act is hereby declared to be an emergency	3452
measure necessary for the immediate preservation of the public	3453
peace, health, and safety. The reason for such necessity is that	3454
the incidence of unintentional drug poisoning in this state has	3455
increased significantly in recent years and is now a leading cause	3456
of death among the state's citizens. Therefore, this act shall go	3457
into immediate effect.	3458

Section 4. Division (C) of section 4729.552 of the Revised	3459
Code, as enacted by this act, shall take effect thirty days after	3460
the effective date of this section.	3461

Section 5. (A) The State Board of Pharmacy, in consultation	3462
with prescribers and pharmacists, shall consider improvements to	3463
the state's methods of monitoring, through the drug database	3464
established and maintained under section 4729.75 of the Revised	3465
Code, the misuse and diversion of controlled substances. Not later	3466
than six months after the effective date of this section, the	3467
Board shall prepare a report of its findings and recommendations.	3468

(B) In preparing the report, the Board shall include all of	3469
the following:	3470

(1) Recommendations on the establishment of a real-time drug	3471
database that permits information to be immediately submitted to	3472
the database and immediately accessible to the individuals	3473
authorized to access information in the database;	3474

(2) Recommendations on potential improvements to the Board's	3475
existing drug database, including both of the following:	3476

(a) Improvements that are necessary to facilitate information	3477
exchange between the database and database users;	3478

(b) Improvements that allow a drug utilization review to	3479
occur whereby patient use of controlled substances is monitored.	3480

(3) The potential cost of upgrading the Board's existing drug	3481
database or establishing a new database to monitor the misuse or	3482
diversion of controlled substances in this state;	3483

(4) Information on the availability of, and methods to	3484
secure, federal grants necessary to implement the Board's	3485
recommendations;	3486

(5) A description of any other matters the Board considers	3487
relevant to the report.	3488

(C) On completion of the report, the Board shall submit	3489
copies to the Speaker of the House of Representatives, President	3490
of the Senate, and Governor.	3491

Section 6.  Section 5111.179 of the Revised Code, as enacted	3492
by this act, shall be implemented by the Department of Job and	3493
Family Services not later than July 1, 2012. On and after the	3494
Department's implementation date, that section applies to	3495
contracts under section 5111.17 of the Revised Code as follows:	3496

(A) To each contract the Department enters into with a	3497
managed care organization on or after the Department's	3498
implementation date;	3499

(B) To each contract between the Department and a managed	3500
care organization that is in effect on the Department's	3501
implementation date if on or after that date the contract is	3502
renewed or the contract is amended or otherwise modified.	3503

Section 7. Section 5111.1710 of the Revised Code, as enacted	3504
by this act, shall be implemented by the Department of Job and	3505
Family Services not later than one year after the effective date	3506
of this section. On and after the Department's implementation	3507
date, that section applies to contracts under section 5111.17 of	3508
the Revised Code as follows:	3509

(A) To each contract the Department enters into with a	3510
managed care organization on or after the Department's	3511
implementation date;	3512

(B) To each contract between the Department and a managed	3513
care organization that is in effect on the Department's	3514
implementation date if on or after that date the contract is	3515
renewed or the contract is amended or otherwise modified.	3516

Section 8. (A) Not later than one year after the effective	3517
date of this section, and annually each year for four years	3518
thereafter, the State Board of Pharmacy shall prepare a report on	3519
all of the following:	3520

(1) The total number of applications received by the Board	3521
for a terminal distributor of dangerous drugs license with a pain	3522
management clinic classification;	3523

(2) The total number of licenses with a pain management	3524
clinic classification granted or denied by the Board;	3525

(3) Any disciplinary actions taken by the Board against	3526
holders of licenses with a pain management clinic classification;	3527

(4) Total revenues generated from fees for licenses with a	3528
pain management clinic classification, fines and penalties paid by	3529
license holders, or other disciplinary actions taken against	3530
license holders;	3531

(5) Any other relevant information regarding the	3532
implementation of this act.	3533

(B) On completion of each report, the Board shall submit a	3534
copy of the report to the Governor and, in accordance with section	3535
101.68 of the Revised Code, the General Assembly. In accordance	3536
with that section, the Board shall display the report on the	3537
Board's internet web site.	3538

Section 9. Section 4731.22 of the Revised Code is presented	3539
in this act as a composite of the section as amended by Am. Sub.	3540
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General	3541
Assembly. The General Assembly, applying the principle stated in	3542
division (B) of section 1.52 of the Revised Code that amendments	3543
are to be harmonized if reasonably capable of simultaneous	3544
operation, finds that the composite is the resulting version of	3545
the section in effect prior to the effective date of the section	3546
as presented in this act.	3547