As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 301

Senators Burke, Cafaro 

Cosponsors: Senators Lehner, Seitz, Jones, Tavares, Brown, Bacon, Balderson, Beagle, Gentile, Hite, Hughes, Kearney, LaRose, Manning, Obhof, Oelslager, Peterson, Schaffer, Schiavoni, Skindell, Smith, Turner 

Representatives Garland, Hackett, Johnson, Smith, Yuko, Amstutz, Antonio, Barnes, Beck, Blair, Blessing, Boose, Bubp, Buchy, Budish, Butler, Celebrezze, Combs, Dovilla, Driehaus, Duffey, Fende, Goyal, Hagan, C., Hayes, Heard, Kozlowski, Letson, Lundy, Mallory, McClain, Milkovich, Newbold, O'Brien, Patmon, Phillips, Rosenberger, Ruhl, Scherer, Schuring, Sears, Sprague, Stebelton, Terhar, Thompson, Winburn, Young Speaker Batchelder 

---

A BILL

To amend sections 3719.41, 4715.033, 4715.034,

1

4715.30, 4715.301, 4715.302, 4723.487, 4725.092,

2

4729.162, 4729.291, 4729.51, 4729.552, 4729.57,

3

4729.79, 4729.80, 4729.86, 4730.53, 4731.054,

4

4731.055, 4731.22, and 4731.39 of the Revised Code

5

regarding enforcement powers of certain health

6

care professional licensing boards, regulation of

7

pain management clinics, limits on

8

prescriber-furnished controlled substances, and

9

classifications of certain controlled substances.

10

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

Section 1.  That sections 3719.41, 4715.033, 4715.034,	11
4715.30, 4715.301, 4715.302, 4723.487, 4725.092, 4729.162,	12
4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80, 4729.86,	13
4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the Revised	14
Code be amended to read as follows:	15

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	16
and V are hereby established, which schedules include the	17
following, subject to amendment pursuant to section 3719.43 or	18
3719.44 of the Revised Code.	19

SCHEDULE I	20

(A) Narcotics-opiates

21

Any of the following opiates, including their isomers,	22
esters, ethers, salts, and salts of isomers, esters, and ethers,	23
unless specifically excepted under federal drug abuse control	24
laws, whenever the existence of these isomers, esters, ethers, and	25
salts is possible within the specific chemical designation:	26

(1) Acetyl-alpha-methylfentanyl	27
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	28

(2) Acetylmethadol;

29

(3) Allylprodine;

30

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	31
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	32
LAAM);	33

(5) Alphameprodine;

34

(6) Alphamethadol;

35

(7) Alpha-methylfentanyl	36
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	37
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	38

(8) Alpha-methylthiofentanyl	39
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	40
phenylpropanamide);	41

(9) Benzethidine;

42

(10) Betacetylmethadol;

43

(11) Beta-hydroxyfentanyl	44
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	45

(12) Beta-hydroxy-3-methylfentanyl (other name:	46
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	47
phenylpropanamide);	48

(13) Betameprodine;

49

(14) Betamethadol;

50

(15) Betaprodine;

51

(16) Clonitazene;

52

(17) Dextromoramide;

53

(18) Diampromide;

54

(19) Diethylthiambutene;

55

(20) Difenoxin;

56

(21) Dimenoxadol;

57

(22) Dimepheptanol;

58

(23) Dimethylthiambutene;

59

(24) Dioxaphetyl butyrate;

60

(25) Dipipanone;

61

(26) Ethylmethylthiambutene;

62

(27) Etonitazene;

63

(28) Etoxeridine;

64

(29) Furethidine;

65

(30) Hydroxypethidine;

66

(31) Ketobemidone;

67

(32) Levomoramide;

68

(33) Levophenacylmorphan;

69

(34) 3-methylfentanyl	70
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	71

(35) 3-methylthiofentanyl	72
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	73
phenylpropanamide);	74

(36) Morpheridine;

75

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

76

(38) Noracymethadol;

77

(39) Norlevorphanol;

78

(40) Normethadone;

79

(41) Norpipanone;

80

(42) Para-fluorofentanyl	81
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	82

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

83

(44) Phenadoxone;

84

(45) Phenampromide;

85

(46) Phenomorphan;

86

(47) Phenoperidine;

87

(48) Piritramide;

88

(49) Proheptazine;

89

(50) Properidine;

90

(51) Propiram;

91

(52) Racemoramide;

92

(53) Thiofentanyl	93
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	94

(54) Tilidine;

95

(55) Trimeperidine.

96

(B) Narcotics-opium derivatives

97

Any of the following opium derivatives, including their	98
salts, isomers, and salts of isomers, unless specifically excepted	99
under federal drug abuse control laws, whenever the existence of	100
these salts, isomers, and salts of isomers is possible within the	101
specific chemical designation:	102

(1) Acetorphine;

103

(2) Acetyldihydrocodeine;

104

(3) Benzylmorphine;

105

(4) Codeine methylbromide;

106

(5) Codeine-n-oxide;

107

(6) Cyprenorphine;

108

(7) Desomorphine;

109

(8) Dihydromorphine;

110

(9) Drotebanol;

111

(10) Etorphine (except hydrochloride salt);

112

(11) Heroin;

113

(12) Hydromorphinol;

114

(13) Methyldesorphine;

115

(14) Methyldihydromorphine;

116

(15) Morphine methylbromide;

117

(16) Morphine methylsulfonate;

118

(17) Morphine-n-oxide;

119

(18) Myrophine;

120

(19) Nicocodeine;

121

(20) Nicomorphine;

122

(21) Normorphine;

123

(22) Pholcodine;

124

(23) Thebacon.

125

(C) Hallucinogens

126

Any material, compound, mixture, or preparation that contains	127
any quantity of the following hallucinogenic substances, including	128
their salts, isomers, and salts of isomers, unless specifically	129
excepted under federal drug abuse control laws, whenever the	130
existence of these salts, isomers, and salts of isomers is	131
possible within the specific chemical designation. For the	132
purposes of this division only, "isomer" includes the optical	133
isomers, position isomers, and geometric isomers.	134

(1) Alpha-ethyltryptamine (some trade or other names:	135
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	136
3-(2-aminobutyl) indole; alpha-ET; and AET);	137

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	138
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	139
4-bromo-2,5-DMA);	140

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	141
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	142
alpha-desmethyl DOB; 2C-B, Nexus);	143

(4) 2,5-dimethoxyamphetamine (some trade or other names:	144
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	145

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	146
names: DOET);	147

(6) 4-methoxyamphetamine (some trade or other names:	148
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	149
PMA);	150

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

151

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	152
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	153
and "STP");	154

(9) 3,4-methylenedioxy amphetamine;

155

(10) 3,4-methylenedioxymethamphetamine (MDMA);

156

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	157
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	158
MDA, MDE, MDEA);	159

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	160
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	161
N-hydroxy MDA);	162

(13) 3,4,5-trimethoxy amphetamine;

163

(14) Bufotenine (some trade or other names:	164
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	165
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	166
5-hydroxy-N, N-dimethyltryptamine; mappine);	167

(15) Diethyltryptamine (some trade or other names: N,	168
N-diethyltryptamine; DET);	169

(16) Dimethyltryptamine (some trade or other names: DMT);

170

(17) Ibogaine (some trade or other names:	171
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	172
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	173

(18) Lysergic acid diethylamide;

174

(19) Marihuana;

175

(20) Mescaline;

176

(21) Parahexyl (some trade or other names: 3-hexyl-1-	177
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	178
synhexyl);	179

(22) Peyote (meaning all parts of the plant presently	180
classified botanically as "Lophophora williamsii Lemaire," whether	181
growing or not, the seeds of that plant, any extract from any part	182
of that plant, and every compound, manufacture, salts, derivative,	183
mixture, or preparation of that plant, its seeds, or its	184
extracts);	185

(23) N-ethyl-3-piperidyl benzilate;

186

(24) N-methyl-3-piperidyl benzilate;

187

(25) Psilocybin;

188

(26) Psilocyn;

189

(27) Tetrahydrocannabinols (synthetic equivalents of the	190
substances contained in the plant, or in the resinous extractives	191
of Cannabis, sp. and/or synthetic substances, derivatives, and	192
their isomers with similar chemical structure and pharmacological	193
activity such as the following: delta-1-cis or trans	194
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	195
trans tetrahydrocannabinol, and their optical isomers;	196
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	197
isomers. (Since nomenclature of these substances is not	198
internationally standardized, compounds of these structures,	199
regardless of numerical designation of atomic positions, are	200
covered.));	201

(28) Ethylamine analog of phencyclidine (some trade or other	202
names: N-ethyl-1-phenylcyclohexylamine;	203
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	204
cyclohexamine; PCE);	205

(29) Pyrrolidine analog of phencyclidine (some trade or other	206
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	207

(30) Thiophene analog of phencyclidine (some trade or other	208
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	209
of phencyclidine; TPCP; TCP);	210

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

211

(32) Hashish;

212

(33) Salvia divinorum;

213

(34) Salvinorin A;

214

(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other	215
names: JWH-018);	216

(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other	217
names: JWH-073);	218

(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some	219
trade or other names: JWH-200);	220

(38)	221
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol	222
(some trade or other names: CP-47,497);	223

(39)	224
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some	225
trade or other names: cannabicyclohexanol; CP-47,497 C8	226
homologue);	227

(40) Methylone (3,4-methylenedioxymethcathinone);

228

(41) MDPV (3,4-methyenedioxypyrovalerone);

229

(42) Mephedrone (4-methylmethcathinone);

230

(43) 4-methoxymethcathinone;

231

(44) 4-fluoromethcathinone;

232

(45) 3-fluoromethcathinone.

233

(D) Depressants

234

Any material, compound, mixture, or preparation that contains	235
any quantity of the following substances having a depressant	236
effect on the central nervous system, including their salts,	237
isomers, and salts of isomers, unless specifically excepted under	238
federal drug abuse control laws, whenever the existence of these	239
salts, isomers, and salts of isomers is possible within the	240
specific chemical designation:	241

(1) Mecloqualone;

242

(2) Methaqualone.

243

(E) Stimulants

244

Unless specifically excepted or unless listed in another	245
schedule, any material, compound, mixture, or preparation that	246
contains any quantity of the following substances having a	247
stimulant effect on the central nervous system, including their	248
salts, isomers, and salts of isomers:	249

(1) Aminorex (some other names: aminoxaphen;	250
2-amino-5-phenyl-2-oxazoline; or	251
4,5-dihydro-5-phenyl-2-oxazolamine);	252

(2) Cathinone (some trade or other names:	253
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	254
2-aminopropiophenone, and norephedrone);	255

(3) Fenethylline;

256

(4) Methcathinone (some other names:	257
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	258
2-methylamino)-1-phenylpropan-1-one;	259
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	260
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	261
UR1432, its salts, optical isomers, and salts of optical isomers;	262

(5) (+/-)cis-4-methylaminorex	263
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	264

(6) N-ethylamphetamine;

265

(7) N,N-dimethylamphetamine (also known as	266
N,N-alpha-trimethyl-benzeneethanamine;	267
N,N-alpha-trimethylphenethylamine);	268

(8) Methylone (3,4-methylenedioxymethcathinone);

269

(9) MDPV (3,4-methylenedioxypyrovalerone);

270

(10) Mephedrone (4-methylmethcathinone);

271

(11) 4-methoxymethcathinone;

272

(12) 4-fluoromethcathinone;

273

(13) 3-fluoromethcathinone.

274

SCHEDULE II	275

(A) Narcotics-opium and opium derivatives

276

Unless specifically excepted under federal drug abuse control	277
laws or unless listed in another schedule, any of the following	278
substances whether produced directly or indirectly by extraction	279
from substances of vegetable origin, independently by means of	280
chemical synthesis, or by a combination of extraction and chemical	281
synthesis:	282

(1) Opium and opiate, and any salt, compound, derivative, or	283
preparation of opium or opiate, excluding apomorphine,	284
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	285
naloxone, and naltrexone, and their respective salts, but	286
including the following:	287

(a) Raw opium;

288

(b) Opium extracts;

289

(c) Opium fluid extracts;

290

(d) Powdered opium;

291

(e) Granulated opium;

292

(f) Tincture of opium;

293

(g) Codeine;

294

(h) Ethylmorphine;

295

(i) Etorphine hydrochloride;

296

(j) Hydrocodone;

297

(k) Hydromorphone;

298

(l) Metopon;

299

(m) Morphine;

300

(n) Oxycodone;

301

(o) Oxymorphone;

302

(p) Thebaine.

303

(2) Any salt, compound, derivative, or preparation thereof	304
that is chemically equivalent to or identical with any of the	305
substances referred to in division (A)(1) of this schedule, except	306
that these substances shall not include the isoquinoline alkaloids	307
of opium;	308

(3) Opium poppy and poppy straw;

309

(4) Coca leaves and any salt, compound, derivative, or	310
preparation of coca leaves (including cocaine and ecgonine, their	311
salts, isomers, and derivatives, and salts of those isomers and	312
derivatives), and any salt, compound, derivative, or preparation	313
thereof that is chemically equivalent to or identical with any of	314
these substances, except that the substances shall not include	315
decocainized coca leaves or extraction of coca leaves, which	316
extractions do not contain cocaine or ecgonine;	317

(5) Concentrate of poppy straw (the crude extract of poppy	318
straw in either liquid, solid, or powder form that contains the	319
phenanthrene alkaloids of the opium poppy).	320

(B) Narcotics-opiates

321

Unless specifically excepted under federal drug abuse control	322
laws or unless listed in another schedule, any of the following	323
opiates, including their isomers, esters, ethers, salts, and salts	324
of isomers, esters, and ethers, whenever the existence of these	325
isomers, esters, ethers, and salts is possible within the specific	326
chemical designation, but excluding dextrorphan and	327
levopropoxyphene:	328

(1) Alfentanil;

329

(2) Alphaprodine;

330

(3) Anileridine;

331

(4) Bezitramide;

332

(5) Bulk dextropropoxyphene (non-dosage forms);

333

(6) Carfentanil;

334

(7) Dihydrocodeine;

335

(8) Diphenoxylate;

336

(9) Fentanyl;

337

(10) Isomethadone;

338

(11) Levo-alphacetylmethadol (some other names:	339
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	340

(12) Levomethorphan;

341

(13) Levorphanol;

342

(14) Metazocine;

343

(15) Methadone;

344

(16) Methadone-intermediate,	345
4-cyano-2-dimethylamino-4,4-diphenyl butane;	346

(17) Moramide-intermediate,	347
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	348

(18) Pethidine (meperidine);

349

(19) Pethidine-intermediate-A,	350
4-cyano-1-methyl-4-phenylpiperidine;	351

(20) Pethidine-intermediate-B,	352
ethyl-4-phenylpiperidine-4-carboxylate;	353

(21) Pethidine-intermediate-C,	354
1-methyl-4-phenylpiperidine-4-carboxylic acid;	355

(22) Phenazocine;

356

(23) Piminodine;

357

(24) Racemethorphan;

358

(25) Racemorphan;

359

(26) Remifentanil;

360

(27) Sufentanil.

361

(C) Stimulants

362

Unless specifically excepted under federal drug abuse control	363
laws or unless listed in another schedule, any material, compound,	364
mixture, or preparation that contains any quantity of the	365
following substances having a stimulant effect on the central	366
nervous system:	367

(1) Amphetamine, its salts, its optical isomers, and salts of	368
its optical isomers;	369

(2) Methamphetamine, its salts, its isomers, and salts of its	370
isomers;	371

(3) Methylphenidate;

372

(4) Phenmetrazine and its salts.

373

(D) Depressants

374

Unless specifically excepted under federal drug abuse control	375
laws or unless listed in another schedule, any material, compound,	376
mixture, or preparation that contains any quantity of the	377
following substances having a depressant effect on the central	378
nervous system, including their salts, isomers, and salts of	379
isomers, whenever the existence of these salts, isomers, and salts	380
of isomers is possible within the specific chemical designation:	381

(1) Amobarbital;

382

(2) Gamma-hydroxy-butyrate;

383

(3) Glutethimide;

384

(4) Pentobarbital;

385

(5) Phencyclidine (some trade or other names:	386
1-(1-phenylcyclohexyl)piperidine; PCP);	387

(6) Secobarbital;

388

(7) 1-aminophenylcyclohexane and all N-mono-substituted	389
and/or all N-N-disubstituted analogs including, but not limited	390
to, the following:	391

(a) 1-phenylcyclohexylamine;

392

(b) (1-phenylcyclohexyl) methylamine;

393

(c) (1-phenylcyclohexyl) dimethylamine;

394

(d) (1-phenylcyclohexyl) methylethylamine;

395

(e) (1-phenylcyclohexyl) isopropylamine;

396

(f) 1-(1-phenylcyclohexyl) morpholine.

397

(E) Hallucinogenic substances

398

(1) Nabilone (another name for nabilone:	399
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	400
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	401

(F) Immediate precursors

402

Unless specifically excepted under federal drug abuse control	403
laws or unless listed in another schedule, any material, compound,	404
mixture, or preparation that contains any quantity of the	405
following substances:	406

(1) Immediate precursor to amphetamine and methamphetamine:

407

(a) Phenylacetone (some trade or other names:	408
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	409
ketone);	410

(2) Immediate precursors to phencyclidine (PCP):

411

(a) 1-phenylcyclohexylamine;

412

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

413

SCHEDULE III	414

(A) Stimulants

415

Unless specifically excepted under federal drug abuse control	416
laws or unless listed in another schedule, any material, compound,	417
mixture, or preparation that contains any quantity of the	418
following substances having a stimulant effect on the central	419
nervous system, including their salts, their optical isomers,	420
position isomers, or geometric isomers, and salts of these	421
isomers, whenever the existence of these salts, isomers, and salts	422
of isomers is possible within the specific chemical designation:	423

(1) All stimulant compounds, mixtures, and preparations	424
included in schedule III pursuant to the federal drug abuse	425
control laws and regulations adopted under those laws;	426

(2) Benzphetamine;

427

(3) Chlorphentermine;

428

(4) Clortermine;

429

(5) Phendimetrazine.

430

(B) Depressants

431

Unless specifically excepted under federal drug abuse control	432
laws or unless listed in another schedule, any material, compound,	433
mixture, or preparation that contains any quantity of the	434
following substances having a depressant effect on the central	435
nervous system:	436

(1) Any compound, mixture, or preparation containing	437
amobarbital, secobarbital, pentobarbital, or any salt of any of	438
these drugs, and one or more other active medicinal ingredients	439
that are not listed in any schedule;	440

(2) Any suppository dosage form containing amobarbital,	441
secobarbital, pentobarbital, or any salt of any of these drugs and	442
approved by the food and drug administration for marketing only as	443
a suppository;	444

(3) Any substance that contains any quantity of a derivative	445
of barbituric acid or any salt of a derivative of barbituric acid;	446

(4) Chlorhexadol;

447

(5) Ketamine, its salts, isomers, and salts of isomers (some	448
other names for ketamine:	449
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	450

(6) Lysergic acid;

451

(7) Lysergic acid amide;

452

(8) Methyprylon;

453

(9) Sulfondiethylmethane;

454

(10) Sulfonethylmethane;

455

(11) Sulfonmethane;

456

(12) Tiletamine, zolazepam, or any salt of tiletamine or	457
zolazepam (some trade or other names for a tiletamine-zolazepam	458
combination product: Telazol); (some trade or other names for	459
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	460
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	461
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	462
flupyrazapon).	463

(C) Narcotic antidotes

464

(1) Nalorphine.

465

(D) Narcotics-narcotic preparations

466

Unless specifically excepted under federal drug abuse control	467
laws or unless listed in another schedule, any material, compound,	468
mixture, or preparation that contains any of the following	469
narcotic drugs, or their salts calculated as the free anhydrous	470
base or alkaloid, in limited quantities as set forth below:	471

(1) Not more than 1.8 grams of codeine per 100 milliliters or	472
not more than 90 milligrams per dosage unit, with an equal or	473
greater quantity of an isoquinoline alkaloid of opium;	474

(2) Not more than 1.8 grams of codeine per 100 milliliters or	475
not more than 90 milligrams per dosage unit, with one or more	476
active, nonnarcotic ingredients in recognized therapeutic amounts;	477

(3) Not more than 300 milligrams of dihydrocodeinone per 100	478
milliliters or not more than 15 milligrams per dosage unit, with a	479
fourfold or greater quantity of an isoquinoline alkaloid of opium;	480

(4) Not more than 300 milligrams of dihydrocodeinone per 100	481
milliliters or not more than 15 milligrams per dosage unit, with	482
one or more active, nonnarcotic ingredients in recognized	483
therapeutic amounts;	484

(5) Not more than 1.8 grams of dihydrocodeine per 100	485
milliliters or not more than 90 milligrams per dosage unit, with	486
one or more active, nonnarcotic ingredients in recognized	487
therapeutic amounts;	488

(6) Not more than 300 milligrams of ethylmorphine per 100	489
milliliters or not more than 15 milligrams per dosage unit, with	490
one or more active, nonnarcotic ingredients in recognized	491
therapeutic amounts;	492

(7) Not more than 500 milligrams of opium per 100 milliliters	493
or per 100 grams or not more than 25 milligrams per dosage unit,	494
with one or more active, nonnarcotic ingredients in recognized	495
therapeutic amounts;	496

(8) Not more than 50 milligrams of morphine per 100	497
milliliters or per 100 grams, with one or more active, nonnarcotic	498
ingredients in recognized therapeutic amounts.	499

(E) Anabolic steroids

500

Unless specifically excepted under federal drug abuse control	501
laws or unless listed in another schedule, any material, compound,	502
mixture, or preparation that contains any quantity of the	503
following substances, including their salts, esters, isomers, and	504
salts of esters and isomers, whenever the existence of these	505
salts, esters, and isomers is possible within the specific	506
chemical designation:	507

(1) Anabolic steroids. Except as otherwise provided in	508
division (E)(1) of schedule III, "anabolic steroids" means any	509
drug or hormonal substance that is chemically and	510
pharmacologically related to testosterone (other than estrogens,	511
progestins, and corticosteroids) and that promotes muscle growth.	512
"Anabolic steroids" does not include an anabolic steroid that is	513
expressly intended for administration through implants to cattle	514
or other nonhuman species and that has been approved by the United	515
States secretary of health and human services for that	516
administration, unless a person prescribes, dispenses, or	517
distributes this type of anabolic steroid for human use. "Anabolic	518
steroid" includes, but is not limited to, the following:	519

(a) Boldenone;

520

(b) Chlorotestosterone (4-chlortestosterone);

521

(c) Clostebol;

522

(d) Dehydrochlormethyltestosterone;

523

(e) Dihydrotestosterone (4-dihydrotestosterone);

524

(f) Drostanolone;

525

(g) Ethylestrenol;

526

(h) Fluoxymesterone;

527

(i) Formebulone (formebolone);

528

(j) Mesterolone;

529

(k) Methandienone;

530

(l) Methandranone;

531

(m) Methandriol;

532

(n) Methandrostenolone;

533

(o) Methenolone;

534

(p) Methyltestosterone;

535

(q) Mibolerone;

536

(r) Nandrolone;

537

(s) Norethandrolone;

538

(t) Oxandrolone;

539

(u) Oxymesterone;

540

(v) Oxymetholone;

541

(w) Stanolone;

542

(x) Stanozolol;

543

(y) Testolactone;

544

(z) Testosterone;

545

(aa) Trenbolone;

546

(bb) Any salt, ester, isomer, or salt of an ester or isomer	547
of a drug or hormonal substance described or listed in division	548
(E)(1) of schedule III if the salt, ester, or isomer promotes	549
muscle growth.	550

(F) Hallucinogenic substances

551

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	552
a soft gelatin capsule in a United States food and drug	553
administration approved drug product (some other names for	554
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	555
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	556
(-)-delta-9-(trans)-tetrahydrocannabinol).	557

SCHEDULE IV	558

(A) Narcotic drugs

559

Unless specifically excepted by federal drug abuse control	560
laws or unless listed in another schedule, any material, compound,	561
mixture, or preparation that contains any of the following	562
narcotic drugs, or their salts calculated as the free anhydrous	563
base or alkaloid, in limited quantities as set forth below:	564

(1) Not more than one milligram of difenoxin and not less	565
than 25 micrograms of atropine sulfate per dosage unit;	566

(2) Dextropropoxyphene	567
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	568
propionoxybutane)[final dosage forms].	569

(B) Depressants

570

Unless specifically excepted under federal drug abuse control	571
laws or unless listed in another schedule, any material, compound,	572
mixture, or preparation that contains any quantity of the	573
following substances, including their salts, isomers, and salts of	574
isomers, whenever the existence of these salts, isomers, and salts	575
of isomers is possible within the specific chemical designation:	576

(1) Alprazolam;

577

(2) Barbital;

578

(3) Bromazepam;

579

(4) Camazepam;

580

(5) Chloral betaine;

581

(6) Chloral hydrate;

582

(7) Chlordiazepoxide;

583

(8) Clobazam;

584

(9) Clonazepam;

585

(10) Clorazepate;

586

(11) Clotiazepam;

587

(12) Cloxazolam;

588

(13) Delorazepam;

589

(14) Diazepam;

590

(15) Estazolam;

591

(16) Ethchlorvynol;

592

(17) Ethinamate;

593

(18) Ethyl loflazepate;

594

(19) Fludiazepam;

595

(20) Flunitrazepam;

596

(21) Flurazepam;

597

(22) Halazepam;

598

(23) Haloxazolam;

599

(24) Ketazolam;

600

(25) Loprazolam;

601

(26) Lorazepam;

602

(27) Lormetazepam;

603

(28) Mebutamate;

604

(29) Medazepam;

605

(30) Meprobamate;

606

(31) Methohexital;

607

(32) Methylphenobarbital (mephobarbital);

608

(33) Midazolam;

609

(34) Nimetazepam;

610

(35) Nitrazepam;

611

(36) Nordiazepam;

612

(37) Oxazepam;

613

(38) Oxazolam;

614

(39) Paraldehyde;

615

(40) Petrichloral;

616

(41) Phenobarbital;

617

(42) Pinazepam;

618

(43) Prazepam;

619

(44) Quazepam;

620

(45) Temazepam;

621

(46) Tetrazepam;

622

(47) Triazolam;

623

(48) Zaleplon;

624

(49) Zolpidem.

625

(C) Fenfluramine

626

Any material, compound, mixture, or preparation that contains	627
any quantity of the following substances, including their salts,	628
their optical isomers, position isomers, or geometric isomers, and	629
salts of these isomers, whenever the existence of these salts,	630
isomers, and salts of isomers is possible within the specific	631
chemical designation:	632

(1) Fenfluramine.

633

(D) Stimulants

634

Unless specifically excepted under federal drug abuse control	635
laws or unless listed in another schedule, any material, compound,	636
mixture, or preparation that contains any quantity of the	637
following substances having a stimulant effect on the central	638
nervous system, including their salts, their optical isomers,	639
position isomers, or geometric isomers, and salts of these	640
isomers, whenever the existence of these salts, isomers, and salts	641
of isomers is possible within the specific chemical designation:	642

(1) Cathine ((+)-norpseudoephedrine);

643

(2) Diethylpropion;

644

(3) Fencamfamin;

645

(4) Fenproporex;

646

(5) Mazindol;

647

(6) Mefenorex;

648

(7) Modafinil;

649

(8) Pemoline (including organometallic complexes and chelates	650
thereof);	651

(9) Phentermine;

652

(10) Pipradrol;

653

(11) Sibutramine;

654

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

655

(E) Other substances

656

Unless specifically excepted under federal drug abuse control	657
laws or unless listed in another schedule, any material, compound,	658
mixture, or preparation that contains any quantity of the	659
following substances, including their salts:	660

(1) Pentazocine;

661

(2) Butorphanol (including its optical isomers).

662

SCHEDULE V	663

(A) Narcotic drugs

664

Unless specifically excepted under federal drug abuse control	665
laws or unless listed in another schedule, any material, compound,	666
mixture, or preparation that contains any of the following	667
narcotic drugs, and their salts, as set forth below:	668

(1) Buprenorphine.

669

(B) Narcotics-narcotic preparations

670

Narcotic drugs containing non-narcotic active medicinal	671
ingredients. Any compound, mixture, or preparation that contains	672
any of the following narcotic drugs, or their salts calculated as	673
the free anhydrous base or alkaloid, in limited quantities as set	674
forth below, and that includes one or more nonnarcotic active	675
medicinal ingredients in sufficient proportion to confer upon the	676
compound, mixture, or preparation valuable medicinal qualities	677
other than those possessed by narcotic drugs alone:	678

(1) Not more than 200 milligrams of codeine per 100	679
milliliters or per 100 grams;	680

(2) Not more than 100 milligrams of dihydrocodeine per 100	681
milliliters or per 100 grams;	682

(3) Not more than 100 milligrams of ethylmorphine per 100	683
milliliters or per 100 grams;	684

(4) Not more than 2.5 milligrams of diphenoxylate and not	685
less than 25 micrograms of atropine sulfate per dosage unit;	686

(5) Not more than 100 milligrams of opium per 100 milliliters	687
or per 100 grams;	688

(6) Not more than 0.5 milligram of difenoxin and not less	689
than 25 micrograms of atropine sulfate per dosage unit.	690

(C) Stimulants

691

Unless specifically exempted or excluded under federal drug	692
abuse control laws or unless listed in another schedule, any	693
material, compound, mixture, or preparation that contains any	694
quantity of the following substances having a stimulant effect on	695
the central nervous system, including their salts, isomers, and	696
salts of isomers:	697

(1) Ephedrine, except as provided in division (K) of section	698
3719.44 of the Revised Code;	699

(2) Pyrovalerone.

700

Sec. 4715.033.  (A) All subpoenas the state dental board	701
seeks to issue with respect to an investigation shall, subject to	702
division (B) of this section, be authorized by the supervisory	703
investigative panel.	704

(B) Before the supervisory investigative panel authorizes the	705
board to issue a subpoena, the panel shall consult with the office	706
of the attorney general and determine whether there is probable	707
cause to believe that the complaint filed alleges a violation of	708
this chapter or any rule adopted under it and that the information	709
sought pursuant to the subpoena is relevant to the alleged	710
violation and material to the investigation.	711

(C)(1) Any subpoena to compel the production of records that	712
the board issues after authorization by the supervisory	713
investigative panel shall pertain to records that cover a	714
reasonable period of time surrounding the alleged violation.	715

(2)(a) Except as provided in division (C)(2)(b) of this	716
section, the subpoena shall state that the person being subpoenaed	717
has a reasonable period of time that is not less than threeseven	718
calendar days to comply with the subpoena.	719

(b) If the board's secretary determines that the person being	720
subpoenaed represents a clear and immediate danger to the public	721
health and safety, the subpoena shall state that the person being	722
subpoenaed must immediately comply with the subpoena.	723

(D) On a person's failure to comply with a subpoena issued by	724
the board and after reasonable notice to that person of the	725
failure, the board may move for an order compelling the production	726
of persons or records pursuant to the Rules of Civil Procedure.	727

Sec. 4715.034.  (A) At any time during an investigation, the	728
supervisory investigative panel may ask to meet with the	729
individual who is the subject of the investigation. At the	730
conclusion of the investigation, the panel shall recommend that	731
the state dental board do one of the following:	732

(1) Pursue disciplinary action under section 4715.30 of the	733
Revised Code;	734

(2) Seek an injunction under section 4715.05 of the Revised	735
Code;	736

(3) Enter into a consent agreement if the subject of the	737
investigation is a licensee;	738

(4) Refer the individual to the quality intervention program,	739
if that program is developed and implemented under section	740
4715.031 of the Revised Code and the subject of the investigation	741
is a licensee;	742

(5) Terminate the investigation.

743

(B) The supervisory investigative panel's recommendation	744
shall be in writing and specify the reasons for the	745
recommendation. Except as provided in section 4715.035 of the	746
Revised Code, the panel shall make its recommendation not later	747
than one year after the date the panel begins to supervise the	748
investigation or, if the investigation pertains to an alleged	749
violation of division (A)(7)(9) of section 4715.30 of the Revised	750
Code, not later than two years after the panel begins to supervise	751
the investigation.	752

Once the panel makes its recommendation, the members of the	753
panel shall not participate in any deliberations the board has on	754
the case.	755

Sec. 4715.30.  (A) An applicant for or holder of a	756
certificate or license issued under this chapter is subject to	757
disciplinary action by the state dental board for any of the	758
following reasons:	759

(1) Employing or cooperating in fraud or material deception	760
in applying for or obtaining a license or certificate;	761

(2) Obtaining or attempting to obtain money or anything of	762
value by intentional misrepresentation or material deception in	763
the course of practice;	764

(3) Advertising services in a false or misleading manner or	765
violating the board's rules governing time, place, and manner of	766
advertising;	767

(4) Commission of an act that constitutes a felony in this	768
state, regardless of the jurisdiction in which the act was	769
committed;	770

(5) Commission of an act in the course of practice that	771
constitutes a misdemeanor in this state, regardless of the	772
jurisdiction in which the act was committed;	773

(4)(6) Conviction of, a plea of guilty to, a judicial finding	774
of guilt of, a judicial finding of guilt resulting from a plea of	775
no contest to, or a judicial finding of eligibility for	776
intervention in lieu of conviction for, any felony or of a	777
misdemeanor committed in the course of practice or of any felony;	778

(5)(7) Engaging in lewd or immoral conduct in connection with	779
the provision of dental services;	780

(6)(8) Selling, prescribing, giving away, or administering	781
drugs for other than legal and legitimate therapeutic purposes, or	782
conviction of violating, a plea of guilty to, a judicial finding	783
of guilt of, a judicial finding of guilt resulting from a plea of	784
no contest to, or a judicial finding of eligibility for	785
intervention in lieu of conviction for, a violation of any law of	786
this state or the federal governmentor state law regulating the	787
possession, distribution, or use of any drug;	788

(7)(9) Providing or allowing dental hygienists, expanded	789
function dental auxiliaries, or other practitioners of auxiliary	790
dental occupations working under the certificate or license	791
holder's supervision, or a dentist holding a temporary limited	792
continuing education license under division (C) of section 4715.16	793
of the Revised Code working under the certificate or license	794
holder's direct supervision, to provide dental care that departs	795
from or fails to conform to accepted standards for the profession,	796
whether or not injury to a patient results;	797

(8)(10) Inability to practice under accepted standards of the	798
profession because of physical or mental disability, dependence on	799
alcohol or other drugs, or excessive use of alcohol or other	800
drugs;	801

(9)(11) Violation of any provision of this chapter or any	802
rule adopted thereunder;	803

(10)(12) Failure to use universal blood and body fluid	804
precautions established by rules adopted under section 4715.03 of	805
the Revised Code;	806

(11)(13) Except as provided in division (H) of this section,	807
either of the following:	808

(a) Waiving the payment of all or any part of a deductible or	809
copayment that a patient, pursuant to a health insurance or health	810
care policy, contract, or plan that covers dental services, would	811
otherwise be required to pay if the waiver is used as an	812
enticement to a patient or group of patients to receive health	813
care services from that providercertificate or license holder;	814

(12)(b) Advertising that the certificate or license holder	815
will waive the payment of all or any part of a deductible or	816
copayment that a patient, pursuant to a health insurance or health	817
care policy, contract, or plan that covers dental services, would	818
otherwise be required to pay;.	819

(13)(14) Failure to comply with section 4729.79 of the	820
Revised Code, unless the state board of pharmacy no longer	821
maintains a drug database pursuant to section 4729.75 of the	822
Revised Code;	823

(15) Any of the following actions taken by an agency	824
responsible for authorizing, certifying, or regulating an	825
individual to practice a health care occupation or provide health	826
care services in this state or another jurisdiction, for any	827
reason other than the nonpayment of fees: the limitation,	828
revocation, or suspension of an individual's license to practice;	829
acceptance of an individual's license surrender; denial of a	830
license; refusal to renew or reinstate a license; imposition of	831
probation; or issuance of an order of censure or other reprimand;	832

(16) Failure to cooperate in an investigation conducted by	833
the board under division (D) of section 4715.03 of the Revised	834
Code, including failure to comply with a subpoena or order issued	835
by the board or failure to answer truthfully a question presented	836
by the board at a deposition or in written interrogatories, except	837
that failure to cooperate with an investigation shall not	838
constitute grounds for discipline under this section if a court of	839
competent jurisdiction has issued an order that either quashes a	840
subpoena or permits the individual to withhold the testimony or	841
evidence in issue.	842

(B) A manager, proprietor, operator, or conductor of a dental	843
facility shall be subject to disciplinary action if any dentist,	844
dental hygienist, expanded function dental auxiliary, or qualified	845
personnel providing services in the facility is found to have	846
committed a violation listed in division (A) of this section and	847
the manager, proprietor, operator, or conductor knew of the	848
violation and permitted it to occur on a recurring basis.	849

(C) Subject to Chapter 119. of the Revised Code, the board	850
may take one or more of the following disciplinary actions if one	851
or more of the grounds for discipline listed in divisions (A) and	852
(B) of this section exist:	853

(1) Censure the license or certificate holder;

854

(2) Place the license or certificate on probationary status	855
for such period of time the board determines necessary and require	856
the holder to:	857

(a) Report regularly to the board upon the matters which are	858
the basis of probation;	859

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

860

(c) Continue or renew professional education until a	861
satisfactory degree of knowledge or clinical competency has been	862
attained in specified areas.	863

(3) Suspend the certificate or license;

864

(4) Revoke the certificate or license.

865

Where the board places a holder of a license or certificate	866
on probationary status pursuant to division (C)(2) of this	867
section, the board may subsequently suspend or revoke the license	868
or certificate if it determines that the holder has not met the	869
requirements of the probation or continues to engage in activities	870
that constitute grounds for discipline pursuant to division (A) or	871
(B) of this section.	872

Any order suspending a license or certificate shall state the	873
conditions under which the license or certificate will be	874
restored, which may include a conditional restoration during which	875
time the holder is in a probationary status pursuant to division	876
(C)(2) of this section. The board shall restore the license or	877
certificate unconditionally when such conditions are met.	878

(D) If the physical or mental condition of an applicant or a	879
license or certificate holder is at issue in a disciplinary	880
proceeding, the board may order the license or certificate holder	881
to submit to reasonable examinations by an individual designated	882
or approved by the board and at the board's expense. The physical	883
examination may be conducted by any individual authorized by the	884
Revised Code to do so, including a physician assistant, a clinical	885
nurse specialist, a certified nurse practitioner, or a certified	886
nurse-midwife. Any written documentation of the physical	887
examination shall be completed by the individual who conducted the	888
examination.	889

Failure to comply with an order for an examination shall be	890
grounds for refusal of a license or certificate or summary	891
suspension of a license or certificate under division (E) of this	892
section.	893

(E) If the board has reason to believe that a license or	894
certificate holder represents a clear and immediate danger to the	895
public health and safety if the holder is allowed to continue to	896
practice, or if the holder has failed to comply with an order	897
under division (D) of this section, the board may apply to the	898
court of common pleas of the county in which the holder resides	899
for an order temporarily suspending the holder's license or	900
certificate, without a prior hearing being afforded by the board,	901
until the board conducts an adjudication hearing pursuant to	902
Chapter 119. of the Revised Code. If the court temporarily	903
suspends a holder's license or certificate, the board shall give	904
written notice of the suspension personally or by certified mail	905
to the license or certificate holder. Such notice shall include	906
specific facts and reasons for finding a clear and immediate	907
danger to the public health and safety and shall inform the	908
license or certificate holder of the right to a hearing pursuant	909
to Chapter 119. of the Revised Code.	910

(F) Any holder of a certificate or license issued under this	911
chapter who has pleaded guilty to, has been convicted of, or has	912
had a judicial finding of eligibility for intervention in lieu of	913
conviction entered against the holder in this state for aggravated	914
murder, murder, voluntary manslaughter, felonious assault,	915
kidnapping, rape, sexual battery, gross sexual imposition,	916
aggravated arson, aggravated robbery, or aggravated burglary, or	917
who has pleaded guilty to, has been convicted of, or has had a	918
judicial finding of eligibility for treatment or intervention in	919
lieu of conviction entered against the holder in another	920
jurisdiction for any substantially equivalent criminal offense, is	921
automatically suspended from practice under this chapter in this	922
state and any certificate or license issued to the holder under	923
this chapter is automatically suspended, as of the date of the	924
guilty plea, conviction, or judicial finding, whether the	925
proceedings are brought in this state or another jurisdiction.	926
Continued practice by an individual after the suspension of the	927
individual's certificate or license under this division shall be	928
considered practicing without a certificate or license. The board	929
shall notify the suspended individual of the suspension of the	930
individual's certificate or license under this division by	931
certified mail or in person in accordance with section 119.07 of	932
the Revised Code. If an individual whose certificate or license is	933
suspended under this division fails to make a timely request for	934
an adjudicatory hearing, the board shall enter a final order	935
revoking the individual's certificate or license.	936

(G) Notwithstanding divisions (A)(11) and (12) of this	937
section, sanctionsIf the supervisory investigative panel	938
determines both of the following, the panel may recommend that the	939
board suspend an individual's certificate or license without a	940
prior hearing:	941

(1) That there is clear and convincing evidence that an	942
individual has violated division (A) of this section;	943

(2) That the individual's continued practice presents a	944
danger of immediate and serious harm to the public.	945

Written allegations shall be prepared for consideration by	946
the board. The board, upon review of those allegations and by an	947
affirmative vote of not fewer than four dentist members of the	948
board and seven of its members in total, excluding any member on	949
the supervisory investigative panel, may suspend a certificate or	950
license without a prior hearing. A telephone conference call may	951
be utilized for reviewing the allegations and taking the vote on	952
the summary suspension.	953

The board shall issue a written order of suspension by	954
certified mail or in person in accordance with section 119.07 of	955
the Revised Code. The order shall not be subject to suspension by	956
the court during pendency or any appeal filed under section 119.12	957
of the Revised Code. If the individual subject to the summary	958
suspension requests an adjudicatory hearing by the board, the date	959
set for the hearing shall be within fifteen days, but not earlier	960
than seven days, after the individual requests the hearing, unless	961
otherwise agreed to by both the board and the individual.	962

Any summary suspension imposed under this division shall	963
remain in effect, unless reversed on appeal, until a final	964
adjudicative order issued by the board pursuant to this section	965
and Chapter 119. of the Revised Code becomes effective. The board	966
shall issue its final adjudicative order within seventy-five days	967
after completion of its hearing. A failure to issue the order	968
within seventy-five days shall result in dissolution of the	969
summary suspension order but shall not invalidate any subsequent,	970
final adjudicative order.	971

(H) Sanctions shall not be imposed under division (A)(13) of	972
this section against any licenseecertificate or license holder	973
who waives deductibles and copayments as follows:	974

(1) In compliance with the health benefit plan that expressly	975
allows such a practice. Waiver of the deductibles or copayments	976
shall be made only with the full knowledge and consent of the plan	977
purchaser, payer, and third-party administrator. Such	978
Documentation of the consent shall be made available to the board	979
upon request.	980

(2) For professional services rendered to any other person	981
licensedwho holds a certificate or license issued pursuant to	982
this chapter to the extent allowed by this chapter and the rules	983
of the board.	984

(H)(I) In no event shall the board consider or raise during a	985
hearing required by Chapter 119. of the Revised Code the	986
circumstances of, or the fact that the board has received, one or	987
more complaints about a person unless the one or more complaints	988
are the subject of the hearing or resulted in the board taking an	989
action authorized by this section against the person on a prior	990
occasion.	991

(J) The board may share any information it receives pursuant	992
to an investigation under division (D) of section 4715.03 of the	993
Revised Code, including patient records and patient record	994
information, with law enforcement agencies, other licensing	995
boards, and other governmental agencies that are prosecuting,	996
adjudicating, or investigating alleged violations of statutes or	997
administrative rules. An agency or board that receives the	998
information shall comply with the same requirements regarding	999
confidentiality as those with which the state dental board must	1000
comply, notwithstanding any conflicting provision of the Revised	1001
Code or procedure of the agency or board that applies when it is	1002
dealing with other information in its possession. In a judicial	1003
proceeding, the information may be admitted into evidence only in	1004
accordance with the Rules of Evidence, but the court shall require	1005
that appropriate measures are taken to ensure that confidentiality	1006
is maintained with respect to any part of the information that	1007
contains names or other identifying information about patients or	1008
complainants whose confidentiality was protected by the state	1009
dental board when the information was in the board's possession.	1010
Measures to ensure confidentiality that may be taken by the court	1011
include sealing its records or deleting specific information from	1012
its records.	1013

Sec. 4715.301.  The state dental board shall adopt rules in	1014
accordance with Chapter 119. of the Revised Code establishing	1015
standards for approving and designating physicians and facilities	1016
as treatment providers for dentists or dental hygienists with	1017
substance abuse problems and shall approve and designate treatment	1018
providers in accordance with the rules. The rules shall include	1019
standards for both inpatient and outpatient treatment. The rules	1020
shall provide that to be approved, a treatment provider must be	1021
capable of making an initial examination to determine the type of	1022
treatment required for a dentist or dental hygienist with	1023
substance abuse problems. Subject to the rules, the board shall	1024
review and approve treatment providers on a regular basis and may,	1025
at its discretion, withdraw or deny approval.	1026

An approved treatment provider shall:

1027

(A) Report to the board the name of any dentist or dental	1028
hygienist suffering or showing evidence of suffering inability to	1029
practice under accepted standards as described in division	1030
(A)(8)(10) of section 4715.30 of the Revised Code who fails to	1031
comply within one week with a referral for examination;	1032

(B) Report to the board the name of any impaired dentist or	1033
dental hygienist who fails to enter treatment within forty-eight	1034
hours following the provider's determination that treatment is	1035
needed;	1036

(C) Require every dentist or dental hygienist who enters	1037
treatment to agree to a treatment contract establishing the terms	1038
of treatment and aftercare, including any required supervision or	1039
restrictions of practice during treatment or aftercare;	1040

(D) Require a dentist or dental hygienist to suspend practice	1041
on entering any required inpatient treatment;	1042

(E) Report to the board any failure by an impaired dentist or	1043
dental hygienist to comply with the terms of the treatment	1044
contract during inpatient or outpatient treatment or aftercare;	1045

(F) Report to the board the resumption of practice of any	1046
impaired dentist or dental hygienist before the treatment provider	1047
has made a clear determination that the individual is capable of	1048
practicing according to accepted standards of the profession;	1049

(G) Require a dentist or dental hygienist who resumes	1050
practice after completion of treatment to comply with an aftercare	1051
contract that meets the requirements of rules adopted by the board	1052
for approval of treatment providers;	1053

(H) Report to the board any dentist or dental hygienist who	1054
suffers a relapse at any time during or following aftercare.	1055

Any dentist or dental hygienist who enters into treatment by	1056
an approved treatment provider shall be deemed to have waived any	1057
confidentiality requirements that would otherwise prevent the	1058
treatment provider from making reports required under this	1059
section.	1060

In the absence of fraud or bad faith, no professional	1061
association of dentists or dental hygienists licensed under this	1062
chapter that sponsors a committee or program to provide peer	1063
assistance to dentists or dental hygienists with substance abuse	1064
problems, no representative or agent of such a committee or	1065
program, and no member of the state dental board shall be liable	1066
to any person for damages in a civil action by reason of actions	1067
taken to refer a dentist or dental hygienist to a treatment	1068
provider designated by the board or actions or omissions of the	1069
provider in treating a dentist or dental hygienist.	1070

In the absence of fraud or bad faith, no person who reports	1071
to the board a dentist or dental hygienist with a suspected	1072
substance abuse problem shall be liable to any person for damages	1073
in a civil action as a result of making the report.	1074

Sec. 4715.302. (A) As used in this section, "drug database"	1075
means the database established and maintained by the state board	1076
of pharmacy pursuant to section 4729.75 of the Revised Code.	1077

(B) The state dental board shall adopt rules in accordance	1078
with Chapter 119. of the Revised Code that establish standards and	1079
procedures to be followed by a dentist regarding the review of	1080
patient information available through the drug database under	1081
division (A)(5) of section 4729.80 of the Revised Code.	1082

(C) This section and the rules adopted under it do not apply	1083
if the state board of pharmacy no longer maintains the drug	1084
database.	1085

Sec. 4723.487. (A) As used in this section, "drug database"	1086
means the database established and maintained by the state board	1087
of pharmacy pursuant to section 4729.75 of the Revised Code.	1088

(B) The board of nursing shall adopt rules in accordance with	1089
Chapter 119. of the Revised Code that establish standards and	1090
procedures to be followed by an advanced practice nurse with a	1091
certificate to prescribe issued under section 4723.48 of the	1092
Revised Code regarding the review of patient information available	1093
through the drug database under division (A)(5) of section 4729.80	1094
of the Revised Code.	1095

(C) This section and the rules adopted under it do not apply	1096
if the state board of pharmacy no longer maintains the drug	1097
database.	1098

Sec. 4725.092. (A) As used in this section, "drug database"	1099
means the database established and maintained by the state board	1100
of pharmacy pursuant to section 4729.75 of the Revised Code.	1101

(B) The state board of optometry shall adopt rules in	1102
accordance with Chapter 119. of the Revised Code that establish	1103
standards and procedures to be followed by an optometrist who	1104
holds a therapeutic pharmaceutical agents certificate regarding	1105
the review of patient information available through the drug	1106
database under division (A)(5) of section 4729.80 of the Revised	1107
Code.	1108

(C) This section and the rules adopted under it do not apply	1109
if the state board of pharmacy no longer maintains the drug	1110
database.	1111

Sec. 4729.162. (A) As used in this section, "drug database"	1112
means the database established and maintained by the state board	1113
of pharmacy pursuant to section 4729.75 of the Revised Code.	1114

(B) The state board of pharmacy shall adopt rules in	1115
accordance with Chapter 119. of the Revised Code that establish	1116
standards and procedures to be followed by a pharmacist regarding	1117
the review of patient information available through the drug	1118
database under division (A)(6) of section 4729.80 of the Revised	1119
Code.	1120

(C) This section and the rules adopted under it do not apply	1121
if the board no longer maintains the drug database.	1122

Sec. 4729.291.  (A) When a licensed health professional	1123
authorized to prescribe drugs personally furnishes drugs to a	1124
patient pursuant to division (B) of section 4729.29 of the Revised	1125
Code, the prescriber shall ensure that the drugs are labeled and	1126
packaged in accordance with state and federal drug laws and any	1127
rules and regulations adopted pursuant to those laws. Records of	1128
purchase and disposition of all drugs personally furnished to	1129
patients shall be maintained by the prescriber in accordance with	1130
state and federal drug statutes and any rules adopted pursuant to	1131
those statutes.	1132

(B) When personally furnishing to a patient RU-486	1133
(mifepristone), a prescriber is subject to section 2919.123 of the	1134
Revised Code. A prescription for RU-486 (mifepristone) shall be in	1135
writing and in accordance with section 2919.123 of the Revised	1136
Code.	1137

(C)(1) Except as provided in division (C)(2)(D) of this	1138
section, a prescriber may not do either of the following:	1139

(a) In any thirty-day period, personally furnish to allor	1140
for patients, taken as a whole, controlled substances in an amount	1141
that exceeds a total of two thousand five hundred dosage units;	1142

(b) In any seventy-two-hour period, personally furnish to or	1143
for a patient an amount of a controlled substance that exceeds the	1144
amount necessary for the patient's use in a seventy-two-hour	1145
period.	1146

(2) Division (C)(1) of this section does not apply to either	1147
of the following:	1148

(a) A veterinarian;

1149

(b) The amount of any methadone personally furnished to a	1150
patient by a prescriber for the purpose of treating drug	1151
addiction.	1152

(3) The state board of pharmacy may impose a fine of not more	1153
than five thousand dollars on a prescriber who fails to comply	1154
with the limits established under division (C)(1) of this section.	1155
A separate fine may be imposed for each instance of failing to	1156
comply with the limits. In imposing the fine, the board's actions	1157
shall be taken in accordance with Chapter 119. of the Revised	1158
Code.	1159

(D)(1) None of the following shall be counted in determining	1160
whether the amounts specified in division (C)(1) of this section	1161
have been exceeded:	1162

(a) Methadone provided to patients for the purpose of	1163
treating drug addiction, if the prescriber meets the conditions	1164
specified in 21 C.F.R. 1306.07;	1165

(b) Buprenorphine provided to patients for the purpose of	1166
treating drug addiction, if the prescriber is exempt from separate	1167
registration with the United States drug enforcement	1168
administration pursuant to 21 C.F.R. 1301.28;	1169

(c) Controlled substances provided to research subjects by a	1170
facility conducting clinical research in studies approved by a	1171
hospital-based institutional review board or an institutional	1172
review board accredited by the association for the accreditation	1173
of human research protection programs.	1174

(2) Division (C)(1) of this section does not apply to a	1175
prescriber who is a veterinarian.	1176

Sec. 4729.51.  (A) No person other than a registered	1177
wholesale distributor of dangerous drugs shall possess for sale,	1178
sell, distribute, or deliver, at wholesale, dangerous drugs,	1179
except as follows:	1180

(1) A pharmacist who is a licensed terminal distributor of	1181
dangerous drugs or who is employed by a licensed terminal	1182
distributor of dangerous drugs may make occasional sales of	1183
dangerous drugs at wholesale;	1184

(2) A licensed terminal distributor of dangerous drugs having	1185
more than one establishment or place may transfer or deliver	1186
dangerous drugs from one establishment or place for which a	1187
license has been issued to the terminal distributor to another	1188
establishment or place for which a license has been issued to the	1189
terminal distributor if the license issued for each establishment	1190
or place is in effect at the time of the transfer or delivery.	1191

(B)(1) No registered wholesale distributor of dangerous drugs	1192
shall possess for sale, or sell, at wholesale, dangerous drugs to	1193
any person other than the following:	1194

(a) Except as provided in division (B)(3)(2)(a) of this	1195
section, a licensed health professional authorized to prescribe	1196
drugs;	1197

(b) An optometrist licensed under Chapter 4725. of the	1198
Revised Code who holds a topical ocular pharmaceutical agents	1199
certificate;	1200

(c) A registered wholesale distributor of dangerous drugs;

1201

(d) A manufacturer of dangerous drugs;

1202

(e) Subject to division (B)(3) of this section, a licensed	1203
terminal distributor of dangerous drugs;	1204

(f) Carriers or warehouses for the purpose of carriage or	1205
storage;	1206

(g) Terminal or wholesale distributors of dangerous drugs who	1207
are not engaged in the sale of dangerous drugs within this state;	1208

(h) An individual who holds a current license, certificate,	1209
or registration issued under Title 47 of the Revised Code and has	1210
been certified to conduct diabetes education by a national	1211
certifying body specified in rules adopted by the state board of	1212
pharmacy under section 4729.68 of the Revised Code, but only with	1213
respect to insulin that will be used for the purpose of diabetes	1214
education and only if diabetes education is within the	1215
individual's scope of practice under statutes and rules regulating	1216
the individual's profession;	1217

(i) An individual who holds a valid certificate issued by a	1218
nationally recognized S.C.U.B.A. diving certifying organization	1219
approved by the state board of pharmacy in rule, but only with	1220
respect to medical oxygen that will be used for the purpose of	1221
emergency care or treatment at the scene of a diving emergency;	1222

(j) Except as provided in division (B)(2)(b) of this section,	1223
a business entity that is a corporation formed under division (B)	1224
of section 1701.03 of the Revised Code, a limited liability	1225
company formed under Chapter 1705. of the Revised Code, or a	1226
professional association formed under Chapter 1785. of the Revised	1227
Code if the entity has a sole shareholder who is a licensed health	1228
professional authorized to prescribe drugs and is authorized to	1229
provide the professional services being offered by the entity;	1230

(k) Except as provided in division (B)(2)(c) of this section,	1231
a business entity that is a corporation formed under division (B)	1232
of section 1701.03 of the Revised Code, a limited liability	1233
company formed under Chapter 1705. of the Revised Code, a	1234
partnership or a limited liability partnership formed under	1235
Chapter 1775. of the Revised Code, or a professional association	1236
formed under Chapter 1785. of the Revised Code, if, to be a	1237
shareholder, member, or partner, an individual is required to be	1238
licensed, certified, or otherwise legally authorized under Title	1239
XLVII of the Revised Code to perform the professional service	1240
provided by the entity and each such individual is a licensed	1241
health professional authorized to prescribe drugs.	1242

(2) No registered wholesalerwholesale distributor of	1243
dangerous drugs shall possess for sale, or sell, at wholesale,	1244
dangerous drugs to any of the following:	1245

(a) A prescriber who is employed by a pain management clinic	1246
that is not licensed as a terminal distributor of dangerous drugs	1247
with a pain management clinic classification issued under section	1248
4729.552 of the Revised Code;	1249

(b) A business entity described in division (B)(1)(j) of this	1250
section that is, or is operating, a pain management clinic without	1251
a license as a terminal distributor of dangerous drugs with a pain	1252
management clinic classification issued under section 4729.552 of	1253
the Revised Code;	1254

(c) A business entity described in division (B)(1)(k) of this	1255
section that is, or is operating, a pain management clinic without	1256
a license as a terminal distributor of dangerous drugs with a pain	1257
management clinic classification issued under section 4729.552 of	1258
the Revised Code.	1259

(3) No registered wholesale distributor of dangerous drugs	1260
shall possess dangerous drugs for sale at wholesale, or sell such	1261
drugs at wholesale, to a licensed terminal distributor of	1262
dangerous drugs, except as follows:	1263

(a) In the case of a terminal distributor with a category I	1264
license, only dangerous drugs described in category I, as defined	1265
in division (A)(1) of section 4729.54 of the Revised Code;	1266

(b) In the case of a terminal distributor with a category II	1267
license, only dangerous drugs described in category I and category	1268
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	1269
the Revised Code;	1270

(c) In the case of a terminal distributor with a category III	1271
license, dangerous drugs described in category I, category II, and	1272
category III, as defined in divisions (A)(1), (2), and (3) of	1273
section 4729.54 of the Revised Code;	1274

(d) In the case of a terminal distributor with a limited	1275
category I, II, or III license, only the dangerous drugs specified	1276
in the certificate furnished by the terminal distributor in	1277
accordance with section 4729.60 of the Revised Code.	1278

(C)(1) Except as provided in division (C)(4) of this section,	1279
no person shall sell, at retail, dangerous drugs.	1280

(2) Except as provided in division (C)(4) of this section, no	1281
person shall possess for sale, at retail, dangerous drugs.	1282

(3) Except as provided in division (C)(4) of this section, no	1283
person shall possess dangerous drugs.	1284

(4) Divisions (C)(1), (2), and (3) of this section do not	1285
apply to a registered wholesale distributor of dangerous drugs, a	1286
licensed terminal distributor of dangerous drugs, or a person who	1287
possesses, or possesses for sale or sells, at retail, a dangerous	1288
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	1289
4729., 4730., 4731., and 4741. of the Revised Code.	1290

Divisions (C)(1), (2), and (3) of this section do not apply	1291
to an individual who holds a current license, certificate, or	1292
registration issued under Title XLVII of the Revised Code and has	1293
been certified to conduct diabetes education by a national	1294
certifying body specified in rules adopted by the state board of	1295
pharmacy under section 4729.68 of the Revised Code, but only to	1296
the extent that the individual possesses insulin or personally	1297
supplies insulin solely for the purpose of diabetes education and	1298
only if diabetes education is within the individual's scope of	1299
practice under statutes and rules regulating the individual's	1300
profession.	1301

Divisions (C)(1), (2), and (3) of this section do not apply	1302
to an individual who holds a valid certificate issued by a	1303
nationally recognized S.C.U.B.A. diving certifying organization	1304
approved by the state board of pharmacy in rule, but only to the	1305
extent that the individual possesses medical oxygen or personally	1306
supplies medical oxygen for the purpose of emergency care or	1307
treatment at the scene of a diving emergency.	1308

(D) No licensed terminal distributor of dangerous drugs shall	1309
purchase for the purpose of resale dangerous drugs from any person	1310
other than a registered wholesale distributor of dangerous drugs,	1311
except as follows:	1312

(1) A licensed terminal distributor of dangerous drugs may	1313
make occasional purchases of dangerous drugs for resale from a	1314
pharmacist who is a licensed terminal distributor of dangerous	1315
drugs or who is employed by a licensed terminal distributor of	1316
dangerous drugs;	1317

(2) A licensed terminal distributor of dangerous drugs having	1318
more than one establishment or place may transfer or receive	1319
dangerous drugs from one establishment or place for which a	1320
license has been issued to the terminal distributor to another	1321
establishment or place for which a license has been issued to the	1322
terminal distributor if the license issued for each establishment	1323
or place is in effect at the time of the transfer or receipt.	1324

(E) No licensed terminal distributor of dangerous drugs shall	1325
engage in the sale or other distribution of dangerous drugs at	1326
retail or maintain possession, custody, or control of dangerous	1327
drugs for any purpose other than the distributor's personal use or	1328
consumption, at any establishment or place other than that or	1329
those described in the license issued by the state board of	1330
pharmacy to such terminal distributor.	1331

(F) Nothing in this section shall be construed to interfere	1332
with the performance of official duties by any law enforcement	1333
official authorized by municipal, county, state, or federal law to	1334
collect samples of any drug, regardless of its nature or in whose	1335
possession it may be.	1336

Sec. 4729.552. (A) To be eligible to receive a license as a	1337
category III terminal distributor of dangerous drugs with a pain	1338
management clinic classification, an applicant shall submit	1339
evidence satisfactory to the state board of pharmacy that the	1340
applicant's pain management clinic will be operated in accordance	1341
with the requirements specified in division (B) of this section	1342
and that the applicant meets any other applicable requirements	1343
underof this chapter or Chapter 3719. of the Revised Code.	1344

If the board determines that an applicant meets all of the	1345
requirements, the board shall issue to the applicant a license as	1346
a category III terminal distributor of dangerous drugs and specify	1347
on the license that the terminal distributor is classified as a	1348
pain management clinic.	1349

(B) The holder of a terminal distributor license with a pain	1350
management clinic classification shall do all of the following:	1351

(1) Be in control of a facility that is owned and operated	1352
solely by one or more physicians authorized under Chapter 4731. of	1353
the Revised Code to practice medicine and surgery or osteopathic	1354
medicine and surgery;	1355

(2) Comply with the requirements for the operation of a pain	1356
management clinic, as established by the state medical board in	1357
rules adopted under section 4731.054 of the Revised Code;	1358

(3) Ensure that any person employed by the facility complies	1359
with the requirements for the operation of a pain management	1360
clinic established by the state medical board in rules adopted	1361
under section 4731.054 of the Revised Code;	1362

(3)(4) Require any person with ownership of the facility to	1363
submit to a criminal records check in accordance with section	1364
4776.02 of the Revised Code and send the results of the criminal	1365
records check directly to the state board of pharmacy for review	1366
and decision under section 4729.071 of the Revised Code;	1367

(4)(5) Require all employees of the facility to submit to a	1368
criminal records check in accordance with section 4776.02 of the	1369
Revised Code and ensure that no person is employed who has	1370
previously been convicted of, or pleaded guilty to, either of the	1371
following:	1372

(a) A theft offense, described in division (K)(3) of section	1373
2913.01 of the Revised Code, that would constitute a felony under	1374
the laws of this state, any other state, or the United States;	1375

(b) A felony drug abuse offense, as defined in section	1376
2925.01 of the Revised Code.	1377

(5)(6) Maintain a list of each person with ownership of the	1378
facility and notify the state board of pharmacy of any change to	1379
that list.	1380

(C) No person shall operate a facility that under this	1381
chapter is subject to licensure as a category III terminal	1382
distributor of dangerous drugs with a pain management clinic	1383
classification without obtaining and maintaining the license with	1384
the classification.	1385

No person who holds a category III license with a pain	1386
management clinic classification shall fail to remain in	1387
compliance with the requirements of division (A)(B) of this	1388
section and any other applicable requirements underof this	1389
chapter or Chapter 3719. of the Revised Code.	1390

(D) The state board of pharmacy may impose a fine of not more	1391
than five thousand dollars on a terminal distributor of dangerous	1392
drugs license holder who violates division (C) of this section. A	1393
separate fine may be imposed for each day the violation continues.	1394
In imposing the fine, the board's actions shall be taken in	1395
accordance with Chapter 119. of the Revised Code.	1396

(E) The state board of pharmacy shall adopt rules as it	1397
considers necessary to implement and administer this section. The	1398
rules shall be adopted in accordance with Chapter 119. of the	1399
Revised Code.	1400

Sec. 4729.57.  (A) The state board of pharmacy may suspend,	1401
revoke, or refuse to grant or renew any license issued toas a	1402
terminal distributor of dangerous drugs pursuant to section	1403
4729.54 of the Revised Code, or may impose a monetary penalty or	1404
forfeiture not to exceed in severity any fine designated under the	1405
Revised Code for a similar offense or one thousand dollars if the	1406
acts committed have not been classified as an offense by the	1407
Revised Code, for any of the following causes:	1408

(1) Making any false material statements in an application	1409
for a license as a terminal distributor of dangerous drugs;	1410

(2) Violating any rule of the board;

1411

(3) Violating any provision of this chapter;

1412

(4) Violating any provision of the "Federal Food, Drug, and	1413
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter	1414
3715. of the Revised Code;	1415

(5) Violating any provision of the federal drug abuse control	1416
laws or Chapter 2925. or 3719. of the Revised Code;	1417

(6) Falsely or fraudulently promoting to the public a	1418
dangerous drug, except that nothing in this division prohibits a	1419
terminal distributor of dangerous drugs from furnishing	1420
information concerning a dangerous drug to a health care provider	1421
or another licensed terminal distributor;	1422

(7) Ceasing to satisfy the qualifications of a terminal	1423
distributor of dangerous drugs set forth in section 4729.55 of the	1424
Revised Code;	1425

(8) Except as provided in division (B) of this section:

1426

(a) Waiving the payment of all or any part of a deductible or	1427
copayment that an individual, pursuant to a health insurance or	1428
health care policy, contract, or plan that covers the services	1429
provided by a terminal distributor of dangerous drugs, would	1430
otherwise be required to pay for the services if the waiver is	1431
used as an enticement to a patient or group of patients to receive	1432
pharmacy services from that terminal distributor;	1433

(b) Advertising that the terminal distributor will waive the	1434
payment of all or any part of a deductible or copayment that an	1435
individual, pursuant to a health insurance or health care policy,	1436
contract, or plan that covers the pharmaceutical services, would	1437
otherwise be required to pay for the services.	1438

(B) Sanctions shall not be imposed under division (A)(8) of	1439
this section against any terminal distributor of dangerous drugs	1440
that waives deductibles and copayments as follows:	1441

(1) In compliance with a health benefit plan that expressly	1442
allows such a practice. Waiver of the deductibles or copayments	1443
shall be made only with the full knowledge and consent of the plan	1444
purchaser, payer, and third-party administrator. Documentation of	1445
the consent shall be made available to the board on request.	1446

(2) For professional services rendered to any other person	1447
licensed pursuant to this chapter to the extent allowed by this	1448
chapter and the rules of the board.	1449

(C)(1) Upon the suspension or revocation of a license issued	1450
to a terminal distributor of dangerous drugs or the refusal by the	1451
board to renew such a license, the distributor shall immediately	1452
surrender the license to the board.	1453

(2) The board may place under seal all dangerous drugs that	1454
are owned by or in the possession, custody, or control of a	1455
terminal distributor at the time the license is suspended or	1456
revoked or at the time the board refuses to renew the license.	1457
Except as otherwise provided in this division, dangerous drugs so	1458
sealed shall not be disposed of until appeal rights under Chapter	1459
119. of the Revised Code have expired or an appeal filed pursuant	1460
to that chapter has been determined.	1461

The court involved in an appeal filed pursuant to Chapter	1462
119. of the Revised Code may order the board, during the pendency	1463
of the appeal, to sell sealed dangerous drugs that are perishable.	1464
The proceeds of such a sale shall be deposited with that court.	1465

Sec. 4729.79.  (A) If the state board of pharmacy establishes	1466
and maintains a drug database pursuant to section 4729.75 of the	1467
Revised Code, each licensed health professional authorized to	1468
prescribe drugs, other than a veterinarianexcept as provided in	1469
division (C) of this section, who personally furnishes to a	1470
patient a controlled substance or other dangerous drug the board	1471
includes in the database pursuant to rules adopted under section	1472
4729.84 of the Revised Code to a patient in this state shall	1473
submit to the board the following information:	1474

(1) Prescriber identification;

1475

(2) Patient identification;

1476

(3) Date drug was furnished by the prescriber;

1477

(4) Indication of whether the drug furnished is new or a	1478
refill;	1479

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

1480

(6) Quantity of drug furnished;

1481

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

1482

(8) Source of payment for the drug furnished;

1483

(9) Identification of the owner of the drug furnished.

1484

(B)(1) The information shall be transmitted as specified by	1485
the board in rules adopted under section 4729.84 of the Revised	1486
Code.	1487

(2) The information shall be submitted electronically in the	1488
format specified by the board, except that the board may grant a	1489
waiver allowing the prescriber to submit the information in	1490
another format.	1491

(3) The information shall be submitted in accordance with any	1492
time limits specified by the board, except that the board may	1493
grant an extension if either of the following occurs:	1494

(a) The prescriber's transmission system suffers a mechanical	1495
or electronic failure, or the prescriber cannot meet the deadline	1496
for other reasons beyond the prescriber's control.	1497

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

1498

(C)(1) The information required to be submitted under	1499
division (A) of this section may be submitted on behalf of the	1500
prescriber by the owner of the drug being personally furnished or	1501
by a delegate approved by that owner.	1502

(2) The requirements of this section to submit information to	1503
the board do not apply to a prescriber who is a veterinarian.	1504

(D) If the board becomes aware of a prescriber's failure to	1505
comply with this section, the board shall notify the government	1506
entity responsible for licensing the prescriber.	1507

Sec. 4729.80. (A) If the state board of pharmacy establishes	1508
and maintains a drug database pursuant to section 4729.75 of the	1509
Revised Code, the board is authorized or required to provide	1510
information from the database in accordance with the following:	1511

(1) On receipt of a request from a designated representative	1512
of a government entity responsible for the licensure, regulation,	1513
or discipline of health care professionals with authority to	1514
prescribe, administer, or dispense drugs, the board may provide to	1515
the representative information from the database relating to the	1516
professional who is the subject of an active investigation being	1517
conducted by the government entity.	1518

(2) On receipt of a request from a federal officer, or a	1519
state or local officer of this or any other state, whose duties	1520
include enforcing laws relating to drugs, the board shall provide	1521
to the officer information from the database relating to the	1522
person who is the subject of an active investigation of a drug	1523
abuse offense, as defined in section 2925.01 of the Revised Code,	1524
being conducted by the officer's employing government entity.	1525

(3) Pursuant to a subpoena issued by a grand jury, the board	1526
shall provide to the grand jury information from the database	1527
relating to the person who is the subject of an investigation	1528
being conducted by the grand jury.	1529

(4) Pursuant to a subpoena, search warrant, or court order in	1530
connection with the investigation or prosecution of a possible or	1531
alleged criminal offense, the board shall provide information from	1532
the database as necessary to comply with the subpoena, search	1533
warrant, or court order.	1534

(5) On receipt of a request from a prescriber or the	1535
prescriber's agent registered withdelegate approved by the board,	1536
the board may provide to the prescriber information from the	1537
database relating to a current patient of the prescriberwho is	1538
either of the following, if the prescriber certifies in a form	1539
specified by the board that it is for the purpose of providing	1540
medical treatment to the patient who is the subject of the	1541
request;	1542

(a) A current patient of the prescriber;

1543

(b) A potential patient of the prescriber based on a referral	1544
of the patient to the prescriber.	1545

(6) On receipt of a request from a pharmacist or the	1546
pharmacist's delegate approved by the board, the board may provide	1547
to the pharmacist information from the database relating to a	1548
current patient of the pharmacist, if the pharmacist certifies in	1549
a form specified by the board that it is for the purpose of the	1550
pharmacist's practice of pharmacy involving the patient who is the	1551
subject of the request.	1552

(7) On receipt of a request from an individual seeking the	1553
individual's own database information in accordance with the	1554
procedure established in rules adopted under section 4729.84 of	1555
the Revised Code, the board may provide to the individual the	1556
individual's own database information.	1557

(8) On receipt of a request from the medical director of a	1558
managed care organization that has entered into a data security	1559
agreement with the board required by section 5111.1710 of the	1560
Revised Code, the board may provide to the medical director	1561
information from the database relating to a medicaid recipient	1562
enrolled in the managed care organization.	1563

(9) On receipt of a request from the director of job and	1564
family services, the board may provide to the director information	1565
from the database relating to a recipient of a program	1566
administered by the department of job and family services.	1567

(10) On receipt of a request from the administrator of	1568
workers' compensation, the board may provide to the administrator	1569
information from the database relating to a claimant under Chapter	1570
4121., 4123., 4127., or 4131. of the Revised Code.	1571

(11) On receipt of a request from a requestor described in	1572
division (A)(1), (2), (5), or (6) of this section who is from or	1573
participating with another state's prescription monitoring	1574
program, the board may provide to the requestor information from	1575
the database, but only if there is a written agreement under which	1576
the information is to be used and disseminated according to the	1577
laws of this state.	1578

(B) The state board of pharmacy shall maintain a record of	1579
each individual or entity that requests information from the	1580
database pursuant to this section. In accordance with rules	1581
adopted under section 4729.84 of the Revised Code, the board may	1582
use the records to document and report statistics and law	1583
enforcement outcomes.	1584

The board may provide records of an individual's requests for	1585
database information to the following:	1586

(1) A designated representative of a government entity that	1587
is responsible for the licensure, regulation, or discipline of	1588
health care professionals with authority to prescribe, administer,	1589
or dispense drugs who is involved in an active investigation being	1590
conducted by the government entity of the individual who submitted	1591
the requests for database information;	1592

(2) A federal officer, or a state or local officer of this or	1593
any other state, whose duties include enforcing laws relating to	1594
drugs and who is involved in an active investigation being	1595
conducted by the officer's employing government entity of the	1596
individual who submitted the requests for database information.	1597

(C) Information contained in the database and any information	1598
obtained from it is not a public record. Information contained in	1599
the records of requests for information from the database is not a	1600
public record. Information that does not identify a person may be	1601
released in summary, statistical, or aggregate form.	1602

(D) A pharmacist or prescriber shall not be held liable in	1603
damages to any person in any civil action for injury, death, or	1604
loss to person or property on the basis that the pharmacist or	1605
prescriber did or did not seek or obtain information from the	1606
database.	1607

Sec. 4729.86. If the state board of pharmacy establishes and	1608
maintains a drug database pursuant to section 4729.75 of the	1609
Revised Code, all of the following apply:	1610

(A)(1) No person identified in divisions (A)(1) to (10) or	1611
(B) of section 4729.80 of the Revised Code shall disseminate any	1612
written or electronic documentinformation the person receives	1613
from the drug database or otherwise provide another person access	1614
to the information that the person receives from the database,	1615
except as follows:	1616

(a) When necessary in the investigation or prosecution of a	1617
possible or alleged criminal offense;	1618

(b) When a person provides the information to the prescriber	1619
or pharmacist for whom the person is approved by the board to	1620
serve as a delegate of the prescriber or pharmacist for purposes	1621
of requesting and receiving information from the drug database	1622
under division (A)(5) or (6) of section 4729.80 of the Revised	1623
Code;	1624

(c) When a prescriber or pharmacist provides the information	1625
to a person who is approved by the board to serve as such a	1626
delegate of the prescriber or pharmacist.	1627

(2) No person shall provide false information to the state	1628
board of pharmacy with the intent to obtain or alter information	1629
contained in the drug database.	1630

(3) No person shall obtain drug database information by any	1631
means except as provided under section 4729.80 or 4729.81 of the	1632
Revised Code.	1633

(B) A person shall not use a documentinformation obtained	1634
pursuant to division (A) of section 4729.80 of the Revised Code as	1635
evidence in any civil or administrative proceeding.	1636

(C)(1) The board may restrict a person from obtaining further	1637
information from the drug database if any of the following is the	1638
case:	1639

(a) The person is convicted of or pleads guilty to a	1640
violation ofviolates division (A)(1), (2), or (3) of this	1641
section;	1642

(b) The person is a requestor identified in division (A)(11)	1643
of section 4729.80 of the Revised Code and the board determines	1644
that the person's actions in another state would have constituted	1645
a violation of division (A)(1), (2), or (3) of this section;	1646

(c) The person fails to comply with division (B) of this	1647
section, regardless of the jurisdiction in which the failure to	1648
comply occurred.	1649

(2) The board shall determine the extent to which the person	1650
is restricted from obtaining further information from the	1651
database.	1652

Sec. 4730.53. (A) As used in this section, "drug database"	1653
means the database established and maintained by the state board	1654
of pharmacy pursuant to section 4729.75 of the Revised Code.	1655

(B) The medical board shall adopt rules in accordance with	1656
Chapter 119. of the Revised Code that establish standards and	1657
procedures to be followed by a physician assistant who holds a	1658
certificate to prescribe issued under this chapter regarding the	1659
review of patient information available through the drug database	1660
under division (A)(5) of section 4729.80 of the Revised Code.	1661

(C) This section and the rules adopted under it do not apply	1662
if the state board of pharmacy no longer maintains the drug	1663
database.	1664

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

1665

(1) "Chronic pain" has the same meaning as in section	1666
4731.052 of the Revised Code.	1667

(2) "Controlled substance" has the same meaning as in section	1668
3719.01 of the Revised Code.	1669

(3) "Hospital" means a hospital registered with the	1670
department of health under section 3701.07 of the Revised Code.	1671

(4) "Owner" means each person included on the list maintained	1672
under division (B)(5)(6) of section 4729.552 of the Revised Code.	1673

(5)(a) "Pain management clinic" means a facility to which all	1674
both of the following apply:	1675

(i) The primary component of practice is treatment of pain or	1676
chronic pain;	1677

(ii) The majority of patients of the prescribers at the	1678
facility are provided treatment for pain or chronic pain that	1679
includesthrough the use of controlled substances, tramadol,	1680
carisoprodol, or other drugs specified in rules adopted under this	1681
section;	1682

(iii)(ii) The facility meets any other identifying criteria	1683
established in rules adopted under this section.	1684

(b) "Pain management clinic" does not include any of the	1685
following:	1686

(i) A hospital;

1687

(ii) A facility operated by a hospital for the treatment of	1688
pain or chronic pain;	1689

(iii) A physician practice owned or controlled, in whole or	1690
in part, by a hospital or by an entity that owns or controls, in	1691
whole or in part, one or more hospitals;	1692

(iv) A school, college, university, or other educational	1693
institution or program to the extent that it provides instruction	1694
to individuals preparing to practice as physicians, podiatrists,	1695
dentists, nurses, physician assistants, optometrists, or	1696
veterinarians or any affiliated facility to the extent that it	1697
participates in the provision of that instruction;	1698

(v) A hospice program licensed under Chapter 3712. of the	1699
Revised Code;	1700

(vi) An ambulatory surgical facility licensed under section	1701
3702.30 of the Revised Code;	1702

(vii) An interdisciplinary pain rehabilitation program with	1703
three-year accreditation from the commission on accreditation of	1704
rehabilitation facilities;	1705

(viii) A nursing home licensed under section 3721.02 of the	1706
Revised Code or by a political subdivision certified under section	1707
3721.09 of the Revised Code;	1708

(ix) A facility conducting only clinical research that may	1709
use controlled substances in studies approved by a hospital-based	1710
institutional review board or an institutional review board	1711
accredited by the association for the accreditation of human	1712
research protection programs.	1713

(6) "Physician" means an individual authorized under this	1714
chapter to practice medicine and surgery or osteopathic medicine	1715
and surgery.	1716

(7) "Prescriber" has the same meaning as in section 4729.01	1717
of the Revised Code.	1718

(B) Each owner shall supervise, control, and direct the	1719
activities of each individual, including an employee, volunteer,	1720
or individual under contract, who provides treatment of pain or	1721
chronic pain at the clinic or is associated with the provision of	1722
that treatment. The supervision, control, and direction shall be	1723
provided in accordance with rules adopted under this section.	1724

(C) The state medical board shall adopt rules in accordance	1725
with Chapter 119. of the Revised Code that establish all of the	1726
following:	1727

(1) Standards and procedures for the operation of a pain	1728
management clinic;	1729

(2) Standards and procedures to be followed by a physician	1730
who provides care at a pain management clinic;	1731

(3) For purposes of division (A)(5)(a)(ii)(i) of this	1732
section, the other drugs used to treat pain or chronic pain that	1733
identify a facility as a pain management clinic;	1734

(4) For purposes of division (A)(5)(a)(iii)(ii) of this	1735
section, the other criteria that identify a facility as a pain	1736
management clinic;	1737

(5) For purposes of division (B) of this section, standards	1738
and procedures to be followed by an owner in providing	1739
supervision, direction, and control of individuals at a pain	1740
management clinic.	1741

(D) The board may impose a fine of not more than twenty	1742
thousand dollars on a physician who fails to comply with rules	1743
adopted under this section. The fine may be in addition to or in	1744
lieu of any other action that may be taken under section 4731.22	1745
of the Revised Code. The board shall deposit any amounts received	1746
under this division in accordance with section 4731.24 of the	1747
Revised Code.	1748

(E)(1) The board may inspect either of the following as the	1749
board determines necessary to ensure compliance with this chapter	1750
and any rules adopted under it regarding pain management clinics:	1751

(a) A pain management clinic;

1752

(b) A facility or physician practice that the board suspects	1753
is operating as a pain management clinic in violation of this	1754
chapter.	1755

(2) The board's inspection shall be conducted in accordance	1756
with division (F) of section 4731.22 of the Revised Code.	1757

(3) Before conducting an on-site inspection, the board shall	1758
provide notice to the owner or other person in charge of the	1759
facility or physician practice, except that the board is not	1760
required to provide the notice if, in the judgment of the board,	1761
the notice would jeopardize an investigation being conducted by	1762
the board.	1763

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

1764

(1) "Drug database" means the database established and	1765
maintained by the state board of pharmacy pursuant to section	1766
4729.75 of the Revised Code.	1767

(2) "Physician" means an individual authorized under this	1768
chapter to practice medicine and surgery, osteopathic medicine and	1769
surgery, or podiatric medicine and surgery.	1770

(B) The state medical board shall adopt rules in accordance	1771
with Chapter 119. of the Revised Code that establish standards and	1772
procedures to be followed by a physician regarding the review of	1773
patient information available through the drug database under	1774
division (A)(5) of section 4729.80 of the Revised Code.	1775

(C) This section and the rules adopted under it do not apply	1776
if the state board of pharmacy no longer maintains the drug	1777
database.	1778

Sec. 4731.22.  (A) The state medical board, by an affirmative	1779
vote of not fewer than six of its members, may limit, revoke, or	1780
maysuspend an individual's certificate to practice, refuse to	1781
grant a certificate to a personan individual, refuse to register	1782
an individual, refuse to reinstate a certificate, or reprimand or	1783
place on probation the holder of a certificate if the individual	1784
or certificate holder is found by the board to have committed	1785
fraud during the administration of the examination for a	1786
certificate to practice or to have committed fraud,	1787
misrepresentation, or deception in applying for or securing any	1788
certificate to practice or certificate of registration issued by	1789
the board.	1790

(B) The board, by an affirmative vote of not fewer than six	1791
members, shall, to the extent permitted by law, limit, revoke, or	1792
suspend an individual's certificate to practice, refuse to	1793
register an individual, refuse to reinstate a certificate, or	1794
reprimand or place on probation the holder of a certificate for	1795
one or more of the following reasons:	1796

(1) Permitting one's name or one's certificate to practice or	1797
certificate of registration to be used by a person, group, or	1798
corporation when the individual concerned is not actually	1799
directing the treatment given;	1800

(2) Failure to maintain minimal standards applicable to the	1801
selection or administration of drugs, or failure to employ	1802
acceptable scientific methods in the selection of drugs or other	1803
modalities for treatment of disease;	1804

(3) Selling, giving away, personally furnishing, prescribing,	1805
or administering drugs for other than legal and legitimate	1806
therapeutic purposes or a plea of guilty to, a judicial finding of	1807
guilt of, or a judicial finding of eligibility for intervention in	1808
lieu of conviction of, a violation of any federal or state law	1809
regulating the possession, distribution, or use of any drug;	1810

(4) Willfully betraying a professional confidence.

1811

For purposes of this division, "willfully betraying a	1812
professional confidence" does not include providing any	1813
information, documents, or reports to a child fatality review	1814
board under sections 307.621 to 307.629 of the Revised Code and	1815
does not include the making of a report of an employee's use of a	1816
drug of abuse, or a report of a condition of an employee other	1817
than one involving the use of a drug of abuse, to the employer of	1818
the employee as described in division (B) of section 2305.33 of	1819
the Revised Code. Nothing in this division affects the immunity	1820
from civil liability conferred by that section upon a physician	1821
who makes either type of report in accordance with division (B) of	1822
that section. As used in this division, "employee," "employer,"	1823
and "physician" have the same meanings as in section 2305.33 of	1824
the Revised Code.	1825

(5) Making a false, fraudulent, deceptive, or misleading	1826
statement in the solicitation of or advertising for patients; in	1827
relation to the practice of medicine and surgery, osteopathic	1828
medicine and surgery, podiatric medicine and surgery, or a limited	1829
branch of medicine; or in securing or attempting to secure any	1830
certificate to practice or certificate of registration issued by	1831
the board.	1832

As used in this division, "false, fraudulent, deceptive, or	1833
misleading statement" means a statement that includes a	1834
misrepresentation of fact, is likely to mislead or deceive because	1835
of a failure to disclose material facts, is intended or is likely	1836
to create false or unjustified expectations of favorable results,	1837
or includes representations or implications that in reasonable	1838
probability will cause an ordinarily prudent person to	1839
misunderstand or be deceived.	1840

(6) A departure from, or the failure to conform to, minimal	1841
standards of care of similar practitioners under the same or	1842
similar circumstances, whether or not actual injury to a patient	1843
is established;	1844

(7) Representing, with the purpose of obtaining compensation	1845
or other advantage as personal gain or for any other person, that	1846
an incurable disease or injury, or other incurable condition, can	1847
be permanently cured;	1848

(8) The obtaining of, or attempting to obtain, money or	1849
anything of value by fraudulent misrepresentations in the course	1850
of practice;	1851

(9) A plea of guilty to, a judicial finding of guilt of, or a	1852
judicial finding of eligibility for intervention in lieu of	1853
conviction for, a felony;	1854

(10) Commission of an act that constitutes a felony in this	1855
state, regardless of the jurisdiction in which the act was	1856
committed;	1857

(11) A plea of guilty to, a judicial finding of guilt of, or	1858
a judicial finding of eligibility for intervention in lieu of	1859
conviction for, a misdemeanor committed in the course of practice;	1860

(12) Commission of an act in the course of practice that	1861
constitutes a misdemeanor in this state, regardless of the	1862
jurisdiction in which the act was committed;	1863

(13) A plea of guilty to, a judicial finding of guilt of, or	1864
a judicial finding of eligibility for intervention in lieu of	1865
conviction for, a misdemeanor involving moral turpitude;	1866

(14) Commission of an act involving moral turpitude that	1867
constitutes a misdemeanor in this state, regardless of the	1868
jurisdiction in which the act was committed;	1869

(15) Violation of the conditions of limitation placed by the	1870
board upon a certificate to practice;	1871

(16) Failure to pay license renewal fees specified in this	1872
chapter;	1873

(17) Except as authorized in section 4731.31 of the Revised	1874
Code, engaging in the division of fees for referral of patients,	1875
or the receiving of a thing of value in return for a specific	1876
referral of a patient to utilize a particular service or business;	1877

(18) Subject to section 4731.226 of the Revised Code,	1878
violation of any provision of a code of ethics of the American	1879
medical association, the American osteopathic association, the	1880
American podiatric medical association, or any other national	1881
professional organizations that the board specifies by rule. The	1882
state medical board shall obtain and keep on file current copies	1883
of the codes of ethics of the various national professional	1884
organizations. The individual whose certificate is being suspended	1885
or revoked shall not be found to have violated any provision of a	1886
code of ethics of an organization not appropriate to the	1887
individual's profession.	1888

For purposes of this division, a "provision of a code of	1889
ethics of a national professional organization" does not include	1890
any provision that would preclude the making of a report by a	1891
physician of an employee's use of a drug of abuse, or of a	1892
condition of an employee other than one involving the use of a	1893
drug of abuse, to the employer of the employee as described in	1894
division (B) of section 2305.33 of the Revised Code. Nothing in	1895
this division affects the immunity from civil liability conferred	1896
by that section upon a physician who makes either type of report	1897
in accordance with division (B) of that section. As used in this	1898
division, "employee," "employer," and "physician" have the same	1899
meanings as in section 2305.33 of the Revised Code.	1900

(19) Inability to practice according to acceptable and	1901
prevailing standards of care by reason of mental illness or	1902
physical illness, including, but not limited to, physical	1903
deterioration that adversely affects cognitive, motor, or	1904
perceptive skills.	1905

In enforcing this division, the board, upon a showing of a	1906
possible violation, may compel any individual authorized to	1907
practice by this chapter or who has submitted an application	1908
pursuant to this chapter to submit to a mental examination,	1909
physical examination, including an HIV test, or both a mental and	1910
a physical examination. The expense of the examination is the	1911
responsibility of the individual compelled to be examined. Failure	1912
to submit to a mental or physical examination or consent to an HIV	1913
test ordered by the board constitutes an admission of the	1914
allegations against the individual unless the failure is due to	1915
circumstances beyond the individual's control, and a default and	1916
final order may be entered without the taking of testimony or	1917
presentation of evidence. If the board finds an individual unable	1918
to practice because of the reasons set forth in this division, the	1919
board shall require the individual to submit to care, counseling,	1920
or treatment by physicians approved or designated by the board, as	1921
a condition for initial, continued, reinstated, or renewed	1922
authority to practice. An individual affected under this division	1923
shall be afforded an opportunity to demonstrate to the board the	1924
ability to resume practice in compliance with acceptable and	1925
prevailing standards under the provisions of the individual's	1926
certificate. For the purpose of this division, any individual who	1927
applies for or receives a certificate to practice under this	1928
chapter accepts the privilege of practicing in this state and, by	1929
so doing, shall be deemed to have given consent to submit to a	1930
mental or physical examination when directed to do so in writing	1931
by the board, and to have waived all objections to the	1932
admissibility of testimony or examination reports that constitute	1933
a privileged communication.	1934

(20) Except when civil penalties are imposed under section	1935
4731.225 or 4731.281 of the Revised Code, and subject to section	1936
4731.226 of the Revised Code, violating or attempting to violate,	1937
directly or indirectly, or assisting in or abetting the violation	1938
of, or conspiring to violate, any provisions of this chapter or	1939
any rule promulgated by the board.	1940

This division does not apply to a violation or attempted	1941
violation of, assisting in or abetting the violation of, or a	1942
conspiracy to violate, any provision of this chapter or any rule	1943
adopted by the board that would preclude the making of a report by	1944
a physician of an employee's use of a drug of abuse, or of a	1945
condition of an employee other than one involving the use of a	1946
drug of abuse, to the employer of the employee as described in	1947
division (B) of section 2305.33 of the Revised Code. Nothing in	1948
this division affects the immunity from civil liability conferred	1949
by that section upon a physician who makes either type of report	1950
in accordance with division (B) of that section. As used in this	1951
division, "employee," "employer," and "physician" have the same	1952
meanings as in section 2305.33 of the Revised Code.	1953

(21) The violation of section 3701.79 of the Revised Code or	1954
of any abortion rule adopted by the public health council pursuant	1955
to section 3701.341 of the Revised Code;	1956

(22) Any of the following actions taken by an agency	1957
responsible for authorizing, certifying, or regulating an	1958
individual to practice a health care occupation or provide health	1959
care services in this state or another jurisdiction, for any	1960
reason other than the nonpayment of fees: the limitation,	1961
revocation, or suspension of an individual's license to practice;	1962
acceptance of an individual's license surrender; denial of a	1963
license; refusal to renew or reinstate a license; imposition of	1964
probation; or issuance of an order of censure or other reprimand;	1965

(23) The violation of section 2919.12 of the Revised Code or	1966
the performance or inducement of an abortion upon a pregnant woman	1967
with actual knowledge that the conditions specified in division	1968
(B) of section 2317.56 of the Revised Code have not been satisfied	1969
or with a heedless indifference as to whether those conditions	1970
have been satisfied, unless an affirmative defense as specified in	1971
division (H)(2) of that section would apply in a civil action	1972
authorized by division (H)(1) of that section;	1973

(24) The revocation, suspension, restriction, reduction, or	1974
termination of clinical privileges by the United States department	1975
of defense or department of veterans affairs or the termination or	1976
suspension of a certificate of registration to prescribe drugs by	1977
the drug enforcement administration of the United States	1978
department of justice;	1979

(25) Termination or suspension from participation in the	1980
medicare or medicaid programs by the department of health and	1981
human services or other responsible agency for any act or acts	1982
that also would constitute a violation of division (B)(2), (3),	1983
(6), (8), or (19) of this section;	1984

(26) Impairment of ability to practice according to	1985
acceptable and prevailing standards of care because of habitual or	1986
excessive use or abuse of drugs, alcohol, or other substances that	1987
impair ability to practice.	1988

For the purposes of this division, any individual authorized	1989
to practice by this chapter accepts the privilege of practicing in	1990
this state subject to supervision by the board. By filing an	1991
application for or holding a certificate to practice under this	1992
chapter, an individual shall be deemed to have given consent to	1993
submit to a mental or physical examination when ordered to do so	1994
by the board in writing, and to have waived all objections to the	1995
admissibility of testimony or examination reports that constitute	1996
privileged communications.	1997

If it has reason to believe that any individual authorized to	1998
practice by this chapter or any applicant for certification to	1999
practice suffers such impairment, the board may compel the	2000
individual to submit to a mental or physical examination, or both.	2001
The expense of the examination is the responsibility of the	2002
individual compelled to be examined. Any mental or physical	2003
examination required under this division shall be undertaken by a	2004
treatment provider or physician who is qualified to conduct the	2005
examination and who is chosen by the board.	2006

Failure to submit to a mental or physical examination ordered	2007
by the board constitutes an admission of the allegations against	2008
the individual unless the failure is due to circumstances beyond	2009
the individual's control, and a default and final order may be	2010
entered without the taking of testimony or presentation of	2011
evidence. If the board determines that the individual's ability to	2012
practice is impaired, the board shall suspend the individual's	2013
certificate or deny the individual's application and shall require	2014
the individual, as a condition for initial, continued, reinstated,	2015
or renewed certification to practice, to submit to treatment.	2016

Before being eligible to apply for reinstatement of a	2017
certificate suspended under this division, the impaired	2018
practitioner shall demonstrate to the board the ability to resume	2019
practice in compliance with acceptable and prevailing standards of	2020
care under the provisions of the practitioner's certificate. The	2021
demonstration shall include, but shall not be limited to, the	2022
following:	2023

(a) Certification from a treatment provider approved under	2024
section 4731.25 of the Revised Code that the individual has	2025
successfully completed any required inpatient treatment;	2026

(b) Evidence of continuing full compliance with an aftercare	2027
contract or consent agreement;	2028

(c) Two written reports indicating that the individual's	2029
ability to practice has been assessed and that the individual has	2030
been found capable of practicing according to acceptable and	2031
prevailing standards of care. The reports shall be made by	2032
individuals or providers approved by the board for making the	2033
assessments and shall describe the basis for their determination.	2034

The board may reinstate a certificate suspended under this	2035
division after that demonstration and after the individual has	2036
entered into a written consent agreement.	2037

When the impaired practitioner resumes practice, the board	2038
shall require continued monitoring of the individual. The	2039
monitoring shall include, but not be limited to, compliance with	2040
the written consent agreement entered into before reinstatement or	2041
with conditions imposed by board order after a hearing, and, upon	2042
termination of the consent agreement, submission to the board for	2043
at least two years of annual written progress reports made under	2044
penalty of perjury stating whether the individual has maintained	2045
sobriety.	2046

(27) A second or subsequent violation of section 4731.66 or	2047
4731.69 of the Revised Code;	2048

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

2049

(a) Waiving the payment of all or any part of a deductible or	2050
copayment that a patient, pursuant to a health insurance or health	2051
care policy, contract, or plan that covers the individual's	2052
services, otherwise would be required to pay if the waiver is used	2053
as an enticement to a patient or group of patients to receive	2054
health care services from that individual;	2055

(b) Advertising that the individual will waive the payment of	2056
all or any part of a deductible or copayment that a patient,	2057
pursuant to a health insurance or health care policy, contract, or	2058
plan that covers the individual's services, otherwise would be	2059
required to pay.	2060

(29) Failure to use universal blood and body fluid	2061
precautions established by rules adopted under section 4731.051 of	2062
the Revised Code;	2063

(30) Failure to provide notice to, and receive acknowledgment	2064
of the notice from, a patient when required by section 4731.143 of	2065
the Revised Code prior to providing nonemergency professional	2066
services, or failure to maintain that notice in the patient's	2067
file;	2068

(31) Failure of a physician supervising a physician assistant	2069
to maintain supervision in accordance with the requirements of	2070
Chapter 4730. of the Revised Code and the rules adopted under that	2071
chapter;	2072

(32) Failure of a physician or podiatrist to enter into a	2073
standard care arrangement with a clinical nurse specialist,	2074
certified nurse-midwife, or certified nurse practitioner with whom	2075
the physician or podiatrist is in collaboration pursuant to	2076
section 4731.27 of the Revised Code or failure to fulfill the	2077
responsibilities of collaboration after entering into a standard	2078
care arrangement;	2079

(33) Failure to comply with the terms of a consult agreement	2080
entered into with a pharmacist pursuant to section 4729.39 of the	2081
Revised Code;	2082

(34) Failure to cooperate in an investigation conducted by	2083
the board under division (F) of this section, including failure to	2084
comply with a subpoena or order issued by the board or failure to	2085
answer truthfully a question presented by the board in an	2086
investigative interview, an investigative office conference, at a	2087
deposition, or in written interrogatories, except that failure to	2088
cooperate with an investigation shall not constitute grounds for	2089
discipline under this section if a court of competent jurisdiction	2090
has issued an order that either quashes a subpoena or permits the	2091
individual to withhold the testimony or evidence in issue;	2092

(35) Failure to supervise an acupuncturist in accordance with	2093
Chapter 4762. of the Revised Code and the board's rules for	2094
supervision of an acupuncturist;	2095

(36) Failure to supervise an anesthesiologist assistant in	2096
accordance with Chapter 4760. of the Revised Code and the board's	2097
rules for supervision of an anesthesiologist assistant;	2098

(37) Assisting suicide as defined in section 3795.01 of the	2099
Revised Code;	2100

(38) Failure to comply with the requirements of section	2101
2317.561 of the Revised Code;	2102

(39) Failure to supervise a radiologist assistant in	2103
accordance with Chapter 4774. of the Revised Code and the board's	2104
rules for supervision of radiologist assistants;	2105

(40) Performing or inducing an abortion at an office or	2106
facility with knowledge that the office or facility fails to post	2107
the notice required under section 3701.791 of the Revised Code;	2108

(41) Failure to comply with the standards and procedures	2109
established in rules under section 4731.054 of the Revised Code	2110
for the operation of or the provision of care at a pain management	2111
clinic;	2112

(42) Failure to comply with the standards and procedures	2113
established in rules under section 4731.054 of the Revised Code	2114
for providing supervision, direction, and control of individuals	2115
at a pain management clinic;	2116

(43) Failure to comply with the requirements of section	2117
4729.79 of the Revised Code, unless the state board of pharmacy no	2118
longer maintains a drug database pursuant to section 4729.75 of	2119
the Revised Code;	2120

(41)(44) Failure to comply with the requirements of section	2121
2919.171 of the Revised Code or failure to submit to the	2122
department of health in accordance with a court order a complete	2123
report as described in section 2919.171 of the Revised Code;	2124

(45) Practicing at a facility that is subject to licensure as	2125
a category III terminal distributor of dangerous drugs with a pain	2126
management clinic classification unless the person operating the	2127
facility has obtained and maintains the license with the	2128
classification;	2129

(46) Owning a facility that is subject to licensure as a	2130
category III terminal distributor of dangerous drugs with a pain	2131
management clinic classification unless the facility is licensed	2132
with the classification.	2133

(C) Disciplinary actions taken by the board under divisions	2134
(A) and (B) of this section shall be taken pursuant to an	2135
adjudication under Chapter 119. of the Revised Code, except that	2136
in lieu of an adjudication, the board may enter into a consent	2137
agreement with an individual to resolve an allegation of a	2138
violation of this chapter or any rule adopted under it. A consent	2139
agreement, when ratified by an affirmative vote of not fewer than	2140
six members of the board, shall constitute the findings and order	2141
of the board with respect to the matter addressed in the	2142
agreement. If the board refuses to ratify a consent agreement, the	2143
admissions and findings contained in the consent agreement shall	2144
be of no force or effect.	2145

A telephone conference call may be utilized for ratification	2146
of a consent agreement that revokes or suspends an individual's	2147
certificate to practice. The telephone conference call shall be	2148
considered a special meeting under division (F) of section 121.22	2149
of the Revised Code.	2150

If the board takes disciplinary action against an individual	2151
under division (B) of this section for a second or subsequent plea	2152
of guilty to, or judicial finding of guilt of, a violation of	2153
section 2919.123 of the Revised Code, the disciplinary action	2154
shall consist of a suspension of the individual's certificate to	2155
practice for a period of at least one year or, if determined	2156
appropriate by the board, a more serious sanction involving the	2157
individual's certificate to practice. Any consent agreement	2158
entered into under this division with an individual that pertains	2159
to a second or subsequent plea of guilty to, or judicial finding	2160
of guilt of, a violation of that section shall provide for a	2161
suspension of the individual's certificate to practice for a	2162
period of at least one year or, if determined appropriate by the	2163
board, a more serious sanction involving the individual's	2164
certificate to practice.	2165

(D) For purposes of divisions (B)(10), (12), and (14) of this	2166
section, the commission of the act may be established by a finding	2167
by the board, pursuant to an adjudication under Chapter 119. of	2168
the Revised Code, that the individual committed the act. The board	2169
does not have jurisdiction under those divisions if the trial	2170
court renders a final judgment in the individual's favor and that	2171
judgment is based upon an adjudication on the merits. The board	2172
has jurisdiction under those divisions if the trial court issues	2173
an order of dismissal upon technical or procedural grounds.	2174

(E) The sealing of conviction records by any court shall have	2175
no effect upon a prior board order entered under this section or	2176
upon the board's jurisdiction to take action under this section	2177
if, based upon a plea of guilty, a judicial finding of guilt, or a	2178
judicial finding of eligibility for intervention in lieu of	2179
conviction, the board issued a notice of opportunity for a hearing	2180
prior to the court's order to seal the records. The board shall	2181
not be required to seal, destroy, redact, or otherwise modify its	2182
records to reflect the court's sealing of conviction records.	2183

(F)(1) The board shall investigate evidence that appears to	2184
show that a person has violated any provision of this chapter or	2185
any rule adopted under it. Any person may report to the board in a	2186
signed writing any information that the person may have that	2187
appears to show a violation of any provision of this chapter or	2188
any rule adopted under it. In the absence of bad faith, any person	2189
who reports information of that nature or who testifies before the	2190
board in any adjudication conducted under Chapter 119. of the	2191
Revised Code shall not be liable in damages in a civil action as a	2192
result of the report or testimony. Each complaint or allegation of	2193
a violation received by the board shall be assigned a case number	2194
and shall be recorded by the board.	2195

(2) Investigations of alleged violations of this chapter or	2196
any rule adopted under it shall be supervised by the supervising	2197
member elected by the board in accordance with section 4731.02 of	2198
the Revised Code and by the secretary as provided in section	2199
4731.39 of the Revised Code. The president may designate another	2200
member of the board to supervise the investigation in place of the	2201
supervising member. No member of the board who supervises the	2202
investigation of a case shall participate in further adjudication	2203
of the case.	2204

(3) In investigating a possible violation of this chapter or	2205
any rule adopted under this chapter, or in conducting an	2206
inspection under division (E) of section 4731.054 of the Revised	2207
Code, the board may question witnesses, conduct interviews,	2208
administer oaths, order the taking of depositions, inspect and	2209
copy any books, accounts, papers, records, or documents, issue	2210
subpoenas, and compel the attendance of witnesses and production	2211
of books, accounts, papers, records, documents, and testimony,	2212
except that a subpoena for patient record information shall not be	2213
issued without consultation with the attorney general's office and	2214
approval of the secretary and supervising member of the board.	2215
Before	2216

(a) Before issuance of a subpoena for patient record	2217
information, the secretary and supervising member shall determine	2218
whether there is probable cause to believe that the complaint	2219
filed alleges a violation of this chapter or any rule adopted	2220
under it and that the records sought are relevant to the alleged	2221
violation and material to the investigation. The subpoena may	2222
apply only to records that cover a reasonable period of time	2223
surrounding the alleged violation.	2224

(b) On failure to comply with any subpoena issued by the	2225
board and after reasonable notice to the person being subpoenaed,	2226
the board may move for an order compelling the production of	2227
persons or records pursuant to the Rules of Civil Procedure.	2228

(c) A subpoena issued by the board may be served by a	2229
sheriff, the sheriff's deputy, or a board employee designated by	2230
the board. Service of a subpoena issued by the board may be made	2231
by delivering a copy of the subpoena to the person named therein,	2232
reading it to the person, or leaving it at the person's usual	2233
place of residence, usual place of business, or address on file	2234
with the board. When the person being served is a person whose	2235
practice is authorized byserving a subpoena to an applicant for	2236
or the holder of a certificate issued under this chapter, service	2237
of the subpoena may be made by certified mail, restricted	2238
delivery, return receipt requested, and the subpoena shall be	2239
deemed served on the date delivery is made or the date the person	2240
refuses to accept delivery. If the person being served refuses to	2241
accept the subpoena or is not located, service may be made to an	2242
attorney who notifies the board that the attorney is representing	2243
the person.	2244

(d) A sheriff's deputy who serves a subpoena shall receive	2245
the same fees as a sheriff. Each witness who appears before the	2246
board in obedience to a subpoena shall receive the fees and	2247
mileage provided for under section 119.094 of the Revised Code.	2248

(4) All hearings and, investigations, and inspections of the	2249
board shall be considered civil actions for the purposes of	2250
section 2305.252 of the Revised Code.	2251

(5) InformationA report required to be submitted to the	2252
board under this chapter, a complaint, or information received by	2253
the board pursuant to an investigation isor pursuant to an	2254
inspection under division (E) of section 4731.054 of the Revised	2255
Code is confidential and not subject to discovery in any civil	2256
action.	2257

The board shall conduct all investigations or inspections and	2258
proceedings in a manner that protects the confidentiality of	2259
patients and persons who file complaints with the board. The board	2260
shall not make public the names or any other identifying	2261
information about patients or complainants unless proper consent	2262
is given or, in the case of a patient, a waiver of the patient	2263
privilege exists under division (B) of section 2317.02 of the	2264
Revised Code, except that consent or a waiver of that nature is	2265
not required if the board possesses reliable and substantial	2266
evidence that no bona fide physician-patient relationship exists.	2267

The board may share any information it receives pursuant to	2268
an investigation or inspection, including patient records and	2269
patient record information, with law enforcement agencies, other	2270
licensing boards, and other governmental agencies that are	2271
prosecuting, adjudicating, or investigating alleged violations of	2272
statutes or administrative rules. An agency or board that receives	2273
the information shall comply with the same requirements regarding	2274
confidentiality as those with which the state medical board must	2275
comply, notwithstanding any conflicting provision of the Revised	2276
Code or procedure of the agency or board that applies when it is	2277
dealing with other information in its possession. In a judicial	2278
proceeding, the information may be admitted into evidence only in	2279
accordance with the Rules of Evidence, but the court shall require	2280
that appropriate measures are taken to ensure that confidentiality	2281
is maintained with respect to any part of the information that	2282
contains names or other identifying information about patients or	2283
complainants whose confidentiality was protected by the state	2284
medical board when the information was in the board's possession.	2285
Measures to ensure confidentiality that may be taken by the court	2286
include sealing its records or deleting specific information from	2287
its records.	2288

(6) On a quarterly basis, the board shall prepare a report	2289
that documents the disposition of all cases during the preceding	2290
three months. The report shall contain the following information	2291
for each case with which the board has completed its activities:	2292

(a) The case number assigned to the complaint or alleged	2293
violation;	2294

(b) The type of certificate to practice, if any, held by the	2295
individual against whom the complaint is directed;	2296

(c) A description of the allegations contained in the	2297
complaint;	2298

(d) The disposition of the case.

2299

The report shall state how many cases are still pending and	2300
shall be prepared in a manner that protects the identity of each	2301
person involved in each case. The report shall be a public record	2302
under section 149.43 of the Revised Code.	2303

(G) If the secretary and supervising member determine both of	2304
the following, they may recommend that the board suspend an	2305
individual's certificate to practice without a prior hearing:	2306

(1) That there is clear and convincing evidence that an	2307
individual has violated division (B) of this section;	2308

(2) That the individual's continued practice presents a	2309
danger of immediate and serious harm to the public.	2310

Written allegations shall be prepared for consideration by	2311
the board. The board, upon review of those allegations and by an	2312
affirmative vote of not fewer than six of its members, excluding	2313
the secretary and supervising member, may suspend a certificate	2314
without a prior hearing. A telephone conference call may be	2315
utilized for reviewing the allegations and taking the vote on the	2316
summary suspension.	2317

The board shall issue a written order of suspension by	2318
certified mail or in person in accordance with section 119.07 of	2319
the Revised Code. The order shall not be subject to suspension by	2320
the court during pendency of any appeal filed under section 119.12	2321
of the Revised Code. If the individual subject to the summary	2322
suspension requests an adjudicatory hearing by the board, the date	2323
set for the hearing shall be within fifteen days, but not earlier	2324
than seven days, after the individual requests the hearing, unless	2325
otherwise agreed to by both the board and the individual.	2326

Any summary suspension imposed under this division shall	2327
remain in effect, unless reversed on appeal, until a final	2328
adjudicative order issued by the board pursuant to this section	2329
and Chapter 119. of the Revised Code becomes effective. The board	2330
shall issue its final adjudicative order within seventy-five days	2331
after completion of its hearing. A failure to issue the order	2332
within seventy-five days shall result in dissolution of the	2333
summary suspension order but shall not invalidate any subsequent,	2334
final adjudicative order.	2335

(H) If the board takes action under division (B)(9), (11), or	2336
(13) of this section and the judicial finding of guilt, guilty	2337
plea, or judicial finding of eligibility for intervention in lieu	2338
of conviction is overturned on appeal, upon exhaustion of the	2339
criminal appeal, a petition for reconsideration of the order may	2340
be filed with the board along with appropriate court documents.	2341
Upon receipt of a petition of that nature and supporting court	2342
documents, the board shall reinstate the individual's certificate	2343
to practice. The board may then hold an adjudication under Chapter	2344
119. of the Revised Code to determine whether the individual	2345
committed the act in question. Notice of an opportunity for a	2346
hearing shall be given in accordance with Chapter 119. of the	2347
Revised Code. If the board finds, pursuant to an adjudication held	2348
under this division, that the individual committed the act or if	2349
no hearing is requested, the board may order any of the sanctions	2350
identified under division (B) of this section.	2351

(I) The certificate to practice issued to an individual under	2352
this chapter and the individual's practice in this state are	2353
automatically suspended as of the date of the individual's second	2354
or subsequent plea of guilty to, or judicial finding of guilt of,	2355
a violation of section 2919.123 of the Revised Code, or the date	2356
the individual pleads guilty to, is found by a judge or jury to be	2357
guilty of, or is subject to a judicial finding of eligibility for	2358
intervention in lieu of conviction in this state or treatment or	2359
intervention in lieu of conviction in another jurisdiction for any	2360
of the following criminal offenses in this state or a	2361
substantially equivalent criminal offense in another jurisdiction:	2362
aggravated murder, murder, voluntary manslaughter, felonious	2363
assault, kidnapping, rape, sexual battery, gross sexual	2364
imposition, aggravated arson, aggravated robbery, or aggravated	2365
burglary. Continued practice after suspension shall be considered	2366
practicing without a certificate.	2367

The board shall notify the individual subject to the	2368
suspension by certified mail or in person in accordance with	2369
section 119.07 of the Revised Code. If an individual whose	2370
certificate is automatically suspended under this division fails	2371
to make a timely request for an adjudication under Chapter 119. of	2372
the Revised Code, the board shall do whichever of the following is	2373
applicable:	2374

(1) If the automatic suspension under this division is for a	2375
second or subsequent plea of guilty to, or judicial finding of	2376
guilt of, a violation of section 2919.123 of the Revised Code, the	2377
board shall enter an order suspending the individual's certificate	2378
to practice for a period of at least one year or, if determined	2379
appropriate by the board, imposing a more serious sanction	2380
involving the individual's certificate to practice.	2381

(2) In all circumstances in which division (I)(1) of this	2382
section does not apply, enter a final order permanently revoking	2383
the individual's certificate to practice.	2384

(J) If the board is required by Chapter 119. of the Revised	2385
Code to give notice of an opportunity for a hearing and if the	2386
individual subject to the notice does not timely request a hearing	2387
in accordance with section 119.07 of the Revised Code, the board	2388
is not required to hold a hearing, but may adopt, by an	2389
affirmative vote of not fewer than six of its members, a final	2390
order that contains the board's findings. In that final order, the	2391
board may order any of the sanctions identified under division (A)	2392
or (B) of this section.	2393

(K) Any action taken by the board under division (B) of this	2394
section resulting in a suspension from practice shall be	2395
accompanied by a written statement of the conditions under which	2396
the individual's certificate to practice may be reinstated. The	2397
board shall adopt rules governing conditions to be imposed for	2398
reinstatement. Reinstatement of a certificate suspended pursuant	2399
to division (B) of this section requires an affirmative vote of	2400
not fewer than six members of the board.	2401

(L) When the board refuses to grant a certificate to an	2402
applicant, revokes an individual's certificate to practice,	2403
refuses to register an applicant, or refuses to reinstate an	2404
individual's certificate to practice, the board may specify that	2405
its action is permanent. An individual subject to a permanent	2406
action taken by the board is forever thereafter ineligible to hold	2407
a certificate to practice and the board shall not accept an	2408
application for reinstatement of the certificate or for issuance	2409
of a new certificate.	2410

(M) Notwithstanding any other provision of the Revised Code,	2411
all of the following apply:	2412

(1) The surrender of a certificate issued under this chapter	2413
shall not be effective unless or until accepted by the board. A	2414
telephone conference call may be utilized for acceptance of the	2415
surrender of an individual's certificate to practice. The	2416
telephone conference call shall be considered a special meeting	2417
under division (F) of section 121.22 of the Revised Code.	2418
Reinstatement of a certificate surrendered to the board requires	2419
an affirmative vote of not fewer than six members of the board.	2420

(2) An application for a certificate made under the	2421
provisions of this chapter may not be withdrawn without approval	2422
of the board.	2423

(3) Failure by an individual to renew a certificate of	2424
registration in accordance with this chapter shall not remove or	2425
limit the board's jurisdiction to take any disciplinary action	2426
under this section against the individual.	2427

(4) At the request of the board, a certificate holder shall	2428
immediately surrender to the board a certificate that the board	2429
has suspended, revoked, or permanently revoked.	2430

(N) Sanctions shall not be imposed under division (B)(28) of	2431
this section against any person who waives deductibles and	2432
copayments as follows:	2433

(1) In compliance with the health benefit plan that expressly	2434
allows such a practice. Waiver of the deductibles or copayments	2435
shall be made only with the full knowledge and consent of the plan	2436
purchaser, payer, and third-party administrator. Documentation of	2437
the consent shall be made available to the board upon request.	2438

(2) For professional services rendered to any other person	2439
authorized to practice pursuant to this chapter, to the extent	2440
allowed by this chapter and rules adopted by the board.	2441

(O) Under the board's investigative duties described in this	2442
section and subject to division (F) of this section, the board	2443
shall develop and implement a quality intervention program	2444
designed to improve through remedial education the clinical and	2445
communication skills of individuals authorized under this chapter	2446
to practice medicine and surgery, osteopathic medicine and	2447
surgery, and podiatric medicine and surgery. In developing and	2448
implementing the quality intervention program, the board may do	2449
all of the following:	2450

(1) Offer in appropriate cases as determined by the board an	2451
educational and assessment program pursuant to an investigation	2452
the board conducts under this section;	2453

(2) Select providers of educational and assessment services,	2454
including a quality intervention program panel of case reviewers;	2455

(3) Make referrals to educational and assessment service	2456
providers and approve individual educational programs recommended	2457
by those providers. The board shall monitor the progress of each	2458
individual undertaking a recommended individual educational	2459
program.	2460

(4) Determine what constitutes successful completion of an	2461
individual educational program and require further monitoring of	2462
the individual who completed the program or other action that the	2463
board determines to be appropriate;	2464

(5) Adopt rules in accordance with Chapter 119. of the	2465
Revised Code to further implement the quality intervention	2466
program.	2467

An individual who participates in an individual educational	2468
program pursuant to this division shall pay the financial	2469
obligations arising from that educational program.	2470

Sec. 4731.39.  The secretary of the state medical board shall	2471
enforce the laws relating to the practice of medicine and surgery	2472
this chapter and the rules adopted under it. If hethe secretary	2473
has knowledge or notice of a violation, hethe secretary shall	2474
investigate the matter, and, upon probable cause appearing, file a	2475
complaint and prosecute the offender. When requested by the	2476
secretary, the prosecuting attorney of the proper county shall	2477
take charge of and conduct such prosecution.	2478

Section 2.  That existing sections 3719.41, 4715.033,	2479
4715.034, 4715.30, 4715.301, 4715.302, 4723.487, 4725.092,	2480
4729.162, 4729.291, 4729.51, 4729.552, 4729.57, 4729.79, 4729.80,	2481
4729.86, 4730.53, 4731.054, 4731.055, 4731.22, and 4731.39 of the	2482
Revised Code are hereby repealed.	2483

Section 3.  Section 4729.51 of the Revised Code is presented	2484
in this act as a composite of the section as amended by both Am.	2485
H.B. 9 and Am. Sub. H.B. 93 of the 129th General Assembly. The	2486
General Assembly, applying the principle stated in division (B) of	2487
section 1.52 of the Revised Code that amendments are to be	2488
harmonized if reasonably capable of simultaneous operation, finds	2489
that the composite is the resulting version of the section in	2490
effect prior to the effective date of the section as presented in	2491
this act.	2492

Section 4.  Section 4731.22 of the Revised Code is presented	2493
in this act as a composite of the section as amended by both H.B.	2494
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General	2495
Assembly, applying the principle stated in division (B) of section	2496
1.52 of the Revised Code that amendments are to be harmonized if	2497
reasonably capable of simultaneous operation, finds that the	2498
composite is the resulting version of the section in effect prior	2499
to the effective date of the section as presented in this act.	2500