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| To amend sections 4729.01, 4729.531, 4729.532, | 1 |
| 4729.54, and 4729.55 and to enact sections | 2 |
| 955.151, 959.134, 3719.091, 4729.533, 4729.534, | 3 |
| 4729.535, 4729.542, 4729.991, and 4741.201 of the | 4 |
| Revised Code to govern the chemical capture of | 5 |
| animals, eliminate references to pentobarbital in | 6 |
| statutes regulating animal euthanasia, and | 7 |
| terminate the chemical capture provisions of this | 8 |
| act by repealing sections 955.151, 959.134, | 9 |
| 3719.091, 4729.533, 4729.534, 4729.535, 4729.542, | 10 |
| 4729.991, and 4741.201 of the Revised Code five | 11 |
| years after its effective date. | 12 |
| Section 1. That sections 4729.01, 4729.531, 4729.532, | 13 |
| 4729.54, and 4729.55 be amended and sections 955.151, 959.134, | 14 |
| 3719.091, 4729.533, 4729.534, 4729.535, 4729.542, 4729.991, and | 15 |
| 4741.201 of the Revised Code be enacted to read as follows: | 16 |
| Sec. 955.151. (A) As used in this section: | 17 |
| (1) "Certified officer" means an individual who holds a | 18 |
| certificate issued under section 4729.534 of the Revised Code. | 19 |
| (2) "Chemical capture" means using an anesthetic drug on a | 20 |
| companion animal or dog at large to do any of the following: | 21 |
| (a) Immobilize and capture; | 22 |
| (b) Attempt to immobilize and capture; | 23 |
| (c) Attempt to immobilize or capture. | 24 |
| (3) "Companion animal" has the same meaning as in section | 25 |
| 959.131 of the Revised Code. | 26 |
| (B) A certified officer appointed or employed by an animal | 27 |
| shelter or county dog warden that holds a chemical capture | 28 |
| classification granted under section 4729.533 of the Revised Code | 29 |
| may, in accordance with that section and rules adopted under it, | 30 |
| chemically capture a companion animal to limit injury to the | 31 |
| officer, the animal or another animal, or the public. | 32 |
| Sec. 959.134. Chemical capture of a companion animal or dog | 33 |
| at large by a certified officer in accordance with Ohio law is not | 34 |
| an act of cruelty. | 35 |
| Sec. 3719.091. Possession or control of controlled | 36 |
| substances is authorized when in the scope of duties by a | 37 |
| certified officer, as defined in section 955.151 of the Revised | 38 |
| Code, for use in chemical capture under that section. | 39 |
| Sec. 4729.01. As used in this chapter: | 40 |
| (A) "Pharmacy," except when used in a context that refers to | 41 |
| the practice of pharmacy, means any area, room, rooms, place of | 42 |
| business, department, or portion of any of the foregoing where the | 43 |
| practice of pharmacy is conducted. | 44 |
| (B) "Practice of pharmacy" means providing pharmacist care | 45 |
| requiring specialized knowledge, judgment, and skill derived from | 46 |
| the principles of biological, chemical, behavioral, social, | 47 |
| pharmaceutical, and clinical sciences. As used in this division, | 48 |
| "pharmacist care" includes the following: | 49 |
| (1) Interpreting prescriptions; | 50 |
| (2) Dispensing drugs and drug therapy related devices; | 51 |
| (3) Compounding drugs; | 52 |
| (4) Counseling individuals with regard to their drug therapy, | 53 |
| recommending drug therapy related devices, and assisting in the | 54 |
| selection of drugs and appliances for treatment of common diseases | 55 |
| and injuries and providing instruction in the proper use of the | 56 |
| drugs and appliances; | 57 |
| (5) Performing drug regimen reviews with individuals by | 58 |
| discussing all of the drugs that the individual is taking and | 59 |
| explaining the interactions of the drugs; | 60 |
| (6) Performing drug utilization reviews with licensed health | 61 |
| professionals authorized to prescribe drugs when the pharmacist | 62 |
| determines that an individual with a prescription has a drug | 63 |
| regimen that warrants additional discussion with the prescriber; | 64 |
| (7) Advising an individual and the health care professionals | 65 |
| treating an individual with regard to the individual's drug | 66 |
| therapy; | 67 |
| (8) Acting pursuant to a consult agreement with a physician | 68 |
| authorized under Chapter 4731. of the Revised Code to practice | 69 |
| medicine and surgery or osteopathic medicine and surgery, if an | 70 |
| agreement has been established with the physician; | 71 |
| (9) Engaging in the administration of immunizations to the | 72 |
| extent authorized by section 4729.41 of the Revised Code. | 73 |
| (C) "Compounding" means the preparation, mixing, assembling, | 74 |
| packaging, and labeling of one or more drugs in any of the | 75 |
| following circumstances: | 76 |
| (1) Pursuant to a prescription issued by a licensed health | 77 |
| professional authorized to prescribe drugs; | 78 |
| (2) Pursuant to the modification of a prescription made in | 79 |
| accordance with a consult agreement; | 80 |
| (3) As an incident to research, teaching activities, or | 81 |
| chemical analysis; | 82 |
| (4) In anticipation of orders for drugs pursuant to | 83 |
| prescriptions, based on routine, regularly observed dispensing | 84 |
| patterns; | 85 |
| (5) Pursuant to a request made by a licensed health | 86 |
| professional authorized to prescribe drugs for a drug that is to | 87 |
| be used by the professional for the purpose of direct | 88 |
| administration to patients in the course of the professional's | 89 |
| practice, if all of the following apply: | 90 |
| (a) At the time the request is made, the drug is not | 91 |
| commercially available regardless of the reason that the drug is | 92 |
| not available, including the absence of a manufacturer for the | 93 |
| drug or the lack of a readily available supply of the drug from a | 94 |
| manufacturer. | 95 |
| (b) A limited quantity of the drug is compounded and provided | 96 |
| to the professional. | 97 |
| (c) The drug is compounded and provided to the professional | 98 |
| as an occasional exception to the normal practice of dispensing | 99 |
| drugs pursuant to patient-specific prescriptions. | 100 |
| (D) "Consult agreement" means an agreement to manage an | 101 |
| individual's drug therapy that has been entered into by a | 102 |
| pharmacist and a physician authorized under Chapter 4731. of the | 103 |
| Revised Code to practice medicine and surgery or osteopathic | 104 |
| medicine and surgery. | 105 |
| (E) "Drug" means: | 106 |
| (1) Any article recognized in the United States pharmacopoeia | 107 |
| and national formulary, or any supplement to them, intended for | 108 |
| use in the diagnosis, cure, mitigation, treatment, or prevention | 109 |
| of disease in humans or animals; | 110 |
| (2) Any other article intended for use in the diagnosis, | 111 |
| cure, mitigation, treatment, or prevention of disease in humans or | 112 |
| animals; | 113 |
| (3) Any article, other than food, intended to affect the | 114 |
| structure or any function of the body of humans or animals; | 115 |
| (4) Any article intended for use as a component of any | 116 |
| article specified in division (E)(1), (2), or (3) of this section; | 117 |
| but does not include devices or their components, parts, or | 118 |
| accessories. | 119 |
| (F) "Dangerous drug" means any of the following: | 120 |
| (1) Any drug to which either of the following applies: | 121 |
| (a) Under the "Federal Food, Drug, and Cosmetic Act," 52 | 122 |
| Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is | 123 |
| required to bear a label containing the legend "Caution: Federal | 124 |
| law prohibits dispensing without prescription" or "Caution: | 125 |
| Federal law restricts this drug to use by or on the order of a | 126 |
| licensed veterinarian" or any similar restrictive statement, or | 127 |
| the drug may be dispensed only upon a prescription; | 128 |
| (b) Under Chapter 3715. or 3719. of the Revised Code, the | 129 |
| drug may be dispensed only upon a prescription. | 130 |
| (2) Any drug that contains a schedule V controlled substance | 131 |
| and that is exempt from Chapter 3719. of the Revised Code or to | 132 |
| which that chapter does not apply; | 133 |
| (3) Any drug intended for administration by injection into | 134 |
| the human body other than through a natural orifice of the human | 135 |
| body. | 136 |
| (G) "Federal drug abuse control laws" has the same meaning as | 137 |
| in section 3719.01 of the Revised Code. | 138 |
| (H) "Prescription" means a written, electronic, or oral order | 139 |
| for drugs or combinations or mixtures of drugs to be used by a | 140 |
| particular individual or for treating a particular animal, issued | 141 |
| by a licensed health professional authorized to prescribe drugs. | 142 |
| (I) "Licensed health professional authorized to prescribe | 143 |
| drugs" or "prescriber" means an individual who is authorized by | 144 |
| law to prescribe drugs or dangerous drugs or drug therapy related | 145 |
| devices in the course of the individual's professional practice, | 146 |
| including only the following: | 147 |
| (1) A dentist licensed under Chapter 4715. of the Revised | 148 |
| Code; | 149 |
| (2) A clinical nurse specialist, certified nurse-midwife, or | 150 |
| certified nurse practitioner who holds a certificate to prescribe | 151 |
| issued under section 4723.48 of the Revised Code; | 152 |
| (3) An optometrist licensed under Chapter 4725. of the | 153 |
| Revised Code to practice optometry under a therapeutic | 154 |
| pharmaceutical agents certificate; | 155 |
| (4) A physician authorized under Chapter 4731. of the Revised | 156 |
| Code to practice medicine and surgery, osteopathic medicine and | 157 |
| surgery, or podiatric medicine and surgery; | 158 |
| (5) A physician assistant who holds a certificate to | 159 |
| prescribe issued under Chapter 4730. of the Revised Code; | 160 |
| (6) A veterinarian licensed under Chapter 4741. of the | 161 |
| Revised Code. | 162 |
| (J) "Sale" and "sell" include delivery, transfer, barter, | 163 |
| exchange, or gift, or offer therefor, and each such transaction | 164 |
| made by any person, whether as principal proprietor, agent, or | 165 |
| employee. | 166 |
| (K) "Wholesale sale" and "sale at wholesale" mean any sale in | 167 |
| which the purpose of the purchaser is to resell the article | 168 |
| purchased or received by the purchaser. | 169 |
| (L) "Retail sale" and "sale at retail" mean any sale other | 170 |
| than a wholesale sale or sale at wholesale. | 171 |
| (M) "Retail seller" means any person that sells any dangerous | 172 |
| drug to consumers without assuming control over and responsibility | 173 |
| for its administration. Mere advice or instructions regarding | 174 |
| administration do not constitute control or establish | 175 |
| responsibility. | 176 |
| (N) "Price information" means the price charged for a | 177 |
| prescription for a particular drug product and, in an easily | 178 |
| understandable manner, all of the following: | 179 |
| (1) The proprietary name of the drug product; | 180 |
| (2) The established (generic) name of the drug product; | 181 |
| (3) The strength of the drug product if the product contains | 182 |
| a single active ingredient or if the drug product contains more | 183 |
| than one active ingredient and a relevant strength can be | 184 |
| associated with the product without indicating each active | 185 |
| ingredient. The established name and quantity of each active | 186 |
| ingredient are required if such a relevant strength cannot be so | 187 |
| associated with a drug product containing more than one | 188 |
| ingredient. | 189 |
| (4) The dosage form; | 190 |
| (5) The price charged for a specific quantity of the drug | 191 |
| product. The stated price shall include all charges to the | 192 |
| consumer, including, but not limited to, the cost of the drug | 193 |
| product, professional fees, handling fees, if any, and a statement | 194 |
| identifying professional services routinely furnished by the | 195 |
| pharmacy. Any mailing fees and delivery fees may be stated | 196 |
| separately without repetition. The information shall not be false | 197 |
| or misleading. | 198 |
| (O) "Wholesale distributor of dangerous drugs" means a person | 199 |
| engaged in the sale of dangerous drugs at wholesale and includes | 200 |
| any agent or employee of such a person authorized by the person to | 201 |
| engage in the sale of dangerous drugs at wholesale. | 202 |
| (P) "Manufacturer of dangerous drugs" means a person, other | 203 |
| than a pharmacist, who manufactures dangerous drugs and who is | 204 |
| engaged in the sale of those dangerous drugs within this state. | 205 |
| (Q) "Terminal distributor of dangerous drugs" means a person | 206 |
| who is engaged in the sale of dangerous drugs at retail, or any | 207 |
| person, other than a wholesale distributor or a pharmacist, who | 208 |
| has possession, custody, or control of dangerous drugs for any | 209 |
| purpose other than for that person's own use and consumption, and | 210 |
| includes pharmacies, hospitals, nursing homes, and laboratories | 211 |
| and all other persons who procure dangerous drugs for sale or | 212 |
| other distribution by or under the supervision of a pharmacist or | 213 |
| licensed health professional authorized to prescribe drugs. | 214 |
| (R) "Promote to the public" means disseminating a | 215 |
| representation to the public in any manner or by any means, other | 216 |
| than by labeling, for the purpose of inducing, or that is likely | 217 |
| to induce, directly or indirectly, the purchase of a dangerous | 218 |
| drug at retail. | 219 |
| (S) "Person" includes any individual, partnership, | 220 |
| association, limited liability company, or corporation, the state, | 221 |
| any political subdivision of the state, and any district, | 222 |
| department, or agency of the state or its political subdivisions. | 223 |
| (T) "Finished dosage form" has the same meaning as in section | 224 |
| 3715.01 of the Revised Code. | 225 |
| (U) "Generically equivalent drug" has the same meaning as in | 226 |
| section 3715.01 of the Revised Code. | 227 |
| (V)(1) "Animal shelter" means a facility operated by a humane | 228 |
| society or any society organized under Chapter 1717. of the | 229 |
| Revised Code or a dog pound operated pursuant to Chapter 955. of | 230 |
| the Revised Code. | 231 |
| (2) "County dog warden" means a dog warden or deputy dog | 232 |
| warden appointed or employed under section 955.12 of the Revised | 233 |
| Code. | 234 |
| (W) "Food" has the same meaning as in section 3715.01 of the | 235 |
| Revised Code. | 236 |
| (X) "Pain management clinic" has the same meaning as in | 237 |
| section 4731.054 of the Revised Code. | 238 |
| Sec. 4729.531. (A) The state board of pharmacy may issue a | 239 |
|
limited license to an animal | 240 |
| solely for the purpose of purchasing, possessing, and | 241 |
|
administering combination drugs that | 242 |
| 243 | |
| manufactured dosage form, whose only indication is for euthanizing | 244 |
|
animals | 245 |
| the Revised Code. No such license shall authorize or permit the | 246 |
| distribution of these drugs to any person other than the | 247 |
| originating wholesale distributor of the drugs. An application for | 248 |
| licensure shall include the information the board requires by rule | 249 |
| under this section. If the application meets the requirements of | 250 |
| the rules adopted under this section, the board shall issue the | 251 |
| license. | 252 |
| (B) The board, in accordance with Chapter 119. of the Revised | 253 |
| Code, shall adopt any rules necessary to administer and enforce | 254 |
| this section. The rules shall do all of the following: | 255 |
| (1) Require as a condition of licensure of the facility that | 256 |
| an agent or employee of an animal shelter, other than a registered | 257 |
| veterinary technician as defined in section 4741.01 of the Revised | 258 |
| Code, has successfully completed a euthanasia technician | 259 |
| certification course described in section 4729.532 of the Revised | 260 |
| Code; | 261 |
| (2) Specify the information the animal shelter or county dog | 262 |
| warden must provide the board for issuance or renewal of a | 263 |
| license; | 264 |
| (3) Establish criteria for the board to use in determining | 265 |
| whether to refuse to issue or renew, suspend, or revoke a license | 266 |
| issued under this section; | 267 |
| (4) Address any other matters the board considers necessary | 268 |
| or appropriate for the administration and enforcement of this | 269 |
| section. | 270 |
| Sec. 4729.532. (A) No agent or employee of an animal shelter | 271 |
| and no county dog warden or agent or employee of a county dog | 272 |
| warden shall perform euthanasia by means of lethal injection on an | 273 |
| animal by use of any substance other than combination drugs that | 274 |
| 275 | |
| 276 | |
|
whose only indication is for euthanizing animals | 277 |
| 278 | |
| the state board of pharmacy both approve by rule adopted in | 279 |
| accordance with Chapter 119. of the Revised Code. | 280 |
| The agent or employee of an animal shelter, county dog | 281 |
| warden, or agent or employee of a county dog warden when using a | 282 |
| lethal solution to perform euthanasia on an animal shall use such | 283 |
| solution in accordance with the following methods and in the | 284 |
| following order of preference: | 285 |
| (1) Intravenous injection by hypodermic needle; | 286 |
| (2) Intraperitoneal injection by hypodermic needle; | 287 |
| (3) Intracardial injection by hypodermic needle, but only on | 288 |
| a sedated or unconscious animal; | 289 |
| (4) Solution or powder added to food. | 290 |
| (B) Except as provided in division (D) of this section, no | 291 |
| agent or employee of an animal shelter and no county dog warden or | 292 |
| agent or employee of a county dog warden, other than a registered | 293 |
| veterinary technician as defined in section 4741.01 of the Revised | 294 |
| Code, shall perform euthanasia by means of lethal injection on an | 295 |
|
animal unless | 296 |
| after successfully completing a euthanasia technician | 297 |
| certification course as described in this division. | 298 |
| The curriculum for a euthanasia technician certification | 299 |
| course shall be one that has been approved by the state veterinary | 300 |
| medical licensing board, shall be at least sixteen hours in | 301 |
| length, and shall include information in at least all of the | 302 |
| following areas: | 303 |
| (1) The pharmacology, proper administration, and storage of | 304 |
| euthanasia solutions; | 305 |
| (2) Federal and state laws regulating the storage and | 306 |
| accountability of euthanasia solutions; | 307 |
| (3) Euthanasia technician stress management; | 308 |
| (4) Proper disposal of euthanized animals. | 309 |
| (C)(1) Except as provided in division (D) of this section, no | 310 |
| agent or employee of either an animal shelter or county dog warden | 311 |
| shall perform euthanasia by means of lethal injection on animals | 312 |
|
under this section unless the facility in which | 313 |
| employee works or is employed is licensed with the state board of | 314 |
| pharmacy under section 4729.531 of the Revised Code. | 315 |
| (2) Any agent or employee of an animal shelter or county dog | 316 |
| warden performing euthanasia by means of lethal injection shall do | 317 |
| so only in a humane and proficient manner that is in conformity | 318 |
| with the methods described in division (A) of this section and not | 319 |
| in violation of Chapter 959. of the Revised Code. | 320 |
| (D) An agent or employee of an animal shelter who is | 321 |
| performing euthanasia by means of lethal injection on animals on | 322 |
|
or before | 323 |
| continue to perform such euthanasia and is not required to be | 324 |
| certified in compliance with division (B) of this section until | 325 |
| ninety days after the effective date of the rules adopted in | 326 |
| compliance with Section 3 of House Bill No. 88 of the 120th | 327 |
| general assembly. | 328 |
| Sec. 4729.533. (A) As used in this section and sections | 329 |
| 4729.534 and 4729.535 of the Revised Code, "certified officer" and | 330 |
| "chemical capture" have the same meanings as in section 955.151 of | 331 |
| the Revised Code. | 332 |
| (B) On application of an animal shelter or county dog warden | 333 |
| that holds a limited license issued under section 4729.531 of the | 334 |
| Revised Code, the state board of pharmacy may grant a chemical | 335 |
| capture classification to the limited license. The classification | 336 |
| permits the holder to purchase, possess, and administer a | 337 |
| combination of drugs for chemical capture. No such classification | 338 |
| shall authorize or permit the distribution of these drugs to any | 339 |
| person other than the originating wholesale distributor of the | 340 |
| drugs. | 341 |
| (C) To qualify for a chemical capture classification under | 342 |
| this section, an applicant must appoint or employ a certified | 343 |
| officer. | 344 |
| (D) If an applicant meets the requirements of this section | 345 |
| and rules adopted under it, the board shall grant the | 346 |
| classification. The board may suspend or revoke a classification | 347 |
| or refuse to issue or renew a classification for any violation of | 348 |
| this section, section 4729.535 of the Revised Code, or rules | 349 |
| adopted under this section. | 350 |
| (E) The state board of pharmacy, in accordance with Chapter | 351 |
| 119. of the Revised Code and in consultation with the state | 352 |
| veterinary medical licensing board, shall adopt rules that do all | 353 |
| of the following: | 354 |
| (1) Specify the information an applicant must provide for | 355 |
| issuance or renewal of a chemical capture classification; | 356 |
| (2) Establish criteria for the board to use in determining | 357 |
| whether to refuse to grant a classification or to renew, suspend, | 358 |
| or revoke a classification; | 359 |
| (3) Specify all of the following: | 360 |
| (a) The drugs to be used in chemical capture; | 361 |
| (b) The proper storage, administration, and use of approved | 362 |
| drugs; | 363 |
| (c) The proper storage, maintenance, and use of instruments | 364 |
| and equipment used in chemical capture; | 365 |
| (d) The proper disposal of instruments used in chemical | 366 |
| capture. | 367 |
| (4) Establish criteria for all of the following: | 368 |
| (a) Determining when chemical capture is appropriate; | 369 |
| (b) The care of a companion animal immediately upon capture; | 370 |
| (c) Recordkeeping for the drugs used and actions taken during | 371 |
| a chemical capture. | 372 |
| (5) Address any other matters the board considers necessary | 373 |
| or appropriate for administration and enforcement of this section | 374 |
| and sections 4729.534 and 4729.535 of the Revised Code. | 375 |
| Sec. 4729.534. (A) The state board of pharmacy in | 376 |
| consultation with the state veterinary medical licensing board | 377 |
| shall certify an individual as a certified officer if the | 378 |
| individual does one of the following: | 379 |
| (1) Successfully completes a chemical capture course that has | 380 |
| a curriculum approved in accordance with division (B) of this | 381 |
| section; | 382 |
| (2) Completes training acceptable to the board from the | 383 |
| national animal control association or safe capture international, | 384 |
| inc. | 385 |
| (B) To be approved as a chemical capture curriculum for | 386 |
| purposes of division (A)(1) of this section, a curriculum must | 387 |
| include all of the following topics: | 388 |
| (1) The pharmacology, proper administration, storage, and | 389 |
| recordkeeping of drugs used in chemical capture; | 390 |
| (2) Federal and state laws regulating the storage and | 391 |
| accountability of drugs used in chemical capture; | 392 |
| (3) Chemical capture technology, animal behavior, | 393 |
| post-immobilization procedures, proper public and personnel | 394 |
| safety, and marksmanship training; | 395 |
| (4) Any other topic specified by the board of pharmacy. | 396 |
| Sec. 4729.535. No person shall perform chemical capture with | 397 |
| a drug or combination of drugs other than the drugs specified in | 398 |
| rules adopted under section 4729.533 of the Revised Code. | 399 |
| No animal shelter or county dog warden shall permit an | 400 |
| individual to perform chemical capture unless the shelter or | 401 |
| warden holds a chemical capture classification granted under | 402 |
| section 4729.533 of the Revised Code and the individual is a | 403 |
| certified officer. | 404 |
| No individual shall perform chemical capture unless the | 405 |
| individual is a certified officer and is appointed or employed by | 406 |
| an animal shelter or county dog warden that holds a chemical | 407 |
| capture classification. | 408 |
| Sec. 4729.54. (A) As used in this section and | 409 |
| sections 4729.541 and 4729.542 of the Revised Code: | 410 |
| (1) "Category I" means single-dose injections of intravenous | 411 |
| fluids, including saline, Ringer's lactate, five per cent dextrose | 412 |
| and distilled water, and other intravenous fluids or parenteral | 413 |
| solutions included in this category by rule of the state board of | 414 |
| pharmacy, that have a volume of one hundred milliliters or more | 415 |
| and that contain no added substances, or single-dose injections of | 416 |
| epinephrine to be administered pursuant to sections 4765.38 and | 417 |
| 4765.39 of the Revised Code. | 418 |
| (2) "Category II" means any dangerous drug that is not | 419 |
| included in category I or III. | 420 |
| (3) "Category III" means any controlled substance that is | 421 |
| contained in schedule I, II, III, IV, or V. | 422 |
| (4) "Emergency medical service organization" has the same | 423 |
| meaning as in section 4765.01 of the Revised Code. | 424 |
| (5) "Person" includes an emergency medical service | 425 |
| organization. | 426 |
| (6) "Schedule I, schedule II, schedule III, schedule IV, and | 427 |
| schedule V" mean controlled substance schedules I, II, III, IV, | 428 |
| and V, respectively, as established pursuant to section 3719.41 of | 429 |
| the Revised Code and as amended. | 430 |
| (B)(1) A person who desires to be licensed as a terminal | 431 |
| distributor of dangerous drugs shall file with the executive | 432 |
| director of the state board of pharmacy a verified application. | 433 |
| After it is filed, the application may not be withdrawn without | 434 |
| approval of the board. | 435 |
| (2) An application shall contain all the following that apply | 436 |
| in the applicant's case: | 437 |
| (a) Information that the board requires relative to the | 438 |
| qualifications of a terminal distributor of dangerous drugs set | 439 |
| forth in section 4729.55 of the Revised Code; | 440 |
| (b) A statement that the person wishes to be licensed as a | 441 |
| category I, category II, category III, limited category I, limited | 442 |
| category II, or limited category III terminal distributor of | 443 |
| dangerous drugs; | 444 |
| (c) If the person wishes to be licensed as a limited category | 445 |
| I, limited category II, or limited category III terminal | 446 |
| distributor of dangerous drugs, a notarized list of the dangerous | 447 |
| drugs that the person wishes to possess, have custody or control | 448 |
| of, and distribute, which list shall also specify the purpose for | 449 |
| which those drugs will be used and their source; | 450 |
| (d) If the person is an emergency medical service | 451 |
| organization, the information that is specified in division (C)(1) | 452 |
| of this section; | 453 |
| (e) Except for an emergency medical service organization, the | 454 |
| identity of the one establishment or place at which the person | 455 |
| intends to engage in the sale or other distribution of dangerous | 456 |
| drugs at retail, and maintain possession, custody, or control of | 457 |
| dangerous drugs for purposes other than the person's own use or | 458 |
| consumption; | 459 |
| (f) If the application pertains to a pain management clinic, | 460 |
| information that demonstrates, to the satisfaction of the board, | 461 |
| compliance with division (A) of section 4729.552 of the Revised | 462 |
| Code. | 463 |
| (C)(1) An emergency medical service organization that wishes | 464 |
| to be licensed as a terminal distributor of dangerous drugs shall | 465 |
| list in its application for licensure the following additional | 466 |
| information: | 467 |
| (a) The units under its control that the organization | 468 |
| determines will possess dangerous drugs for the purpose of | 469 |
| administering emergency medical services in accordance with | 470 |
| Chapter 4765. of the Revised Code; | 471 |
| (b) With respect to each such unit, whether the dangerous | 472 |
| drugs that the organization determines the unit will possess are | 473 |
| in category I, II, or III. | 474 |
| (2) An emergency medical service organization that is | 475 |
| licensed as a terminal distributor of dangerous drugs shall file a | 476 |
| new application for such licensure if there is any change in the | 477 |
| number, or location of, any of its units or any change in the | 478 |
| category of the dangerous drugs that any unit will possess. | 479 |
| (3) A unit listed in an application for licensure pursuant to | 480 |
| division (C)(1) of this section may obtain the dangerous drugs it | 481 |
| is authorized to possess from its emergency medical service | 482 |
| organization or, on a replacement basis, from a hospital pharmacy. | 483 |
| If units will obtain dangerous drugs from a hospital pharmacy, the | 484 |
| organization shall file, and maintain in current form, the | 485 |
| following items with the pharmacist who is responsible for the | 486 |
| hospital's terminal distributor of dangerous drugs license: | 487 |
| (a) A copy of its standing orders or protocol; | 488 |
| (b) A list of the personnel employed or used by the | 489 |
| organization to provide emergency medical services in accordance | 490 |
| with Chapter 4765. of the Revised Code, who are authorized to | 491 |
| possess the drugs, which list also shall indicate the personnel | 492 |
| who are authorized to administer the drugs. | 493 |
| (D) Each emergency medical service organization that applies | 494 |
| for a terminal distributor of dangerous drugs license shall submit | 495 |
| with its application the following: | 496 |
| (1) A notarized copy of its standing orders or protocol, | 497 |
| which orders or protocol shall be signed by a physician and | 498 |
| specify the dangerous drugs that its units may carry, expressed in | 499 |
| standard dose units; | 500 |
| (2) A list of the personnel employed or used by the | 501 |
| organization to provide emergency medical services in accordance | 502 |
| with Chapter 4765. of the Revised Code. | 503 |
| An emergency medical service organization that is licensed as | 504 |
| a terminal distributor shall notify the board immediately of any | 505 |
| changes in its standing orders or protocol. | 506 |
| (E) There shall be six categories of terminal distributor of | 507 |
| dangerous drugs licenses, which categories shall be as follows: | 508 |
| (1) Category I license. A person who obtains this license may | 509 |
| possess, have custody or control of, and distribute only the | 510 |
| dangerous drugs described in category I. | 511 |
| (2) Limited category I license. A person who obtains this | 512 |
| license may possess, have custody or control of, and distribute | 513 |
| only the dangerous drugs described in category I that were listed | 514 |
| in the application for licensure. | 515 |
| (3) Category II license. A person who obtains this license | 516 |
| may possess, have custody or control of, and distribute only the | 517 |
| dangerous drugs described in category I and category II. | 518 |
| (4) Limited category II license. A person who obtains this | 519 |
| license may possess, have custody or control of, and distribute | 520 |
| only the dangerous drugs described in category I or category II | 521 |
| that were listed in the application for licensure. | 522 |
| (5) Category III license, which may include a pain management | 523 |
| clinic classification issued under section 4729.552 of the Revised | 524 |
| Code. A person who obtains this license may possess, have custody | 525 |
| or control of, and distribute the dangerous drugs described in | 526 |
| category I, category II, and category III. If the license includes | 527 |
| a pain management clinic classification, the person may operate a | 528 |
| pain management clinic. | 529 |
| (6) Limited category III license. A person who obtains this | 530 |
| license may possess, have custody or control of, and distribute | 531 |
| only the dangerous drugs described in category I, category II, or | 532 |
| category III that were listed in the application for licensure. | 533 |
| (F) Except for an application made by a county dog warden or | 534 |
| on behalf of an animal shelter, if an applicant for licensure as a | 535 |
| limited category I, II, or III terminal distributor of dangerous | 536 |
| drugs intends to administer dangerous drugs to a person or animal, | 537 |
| the applicant shall submit, with the application, a notarized copy | 538 |
| of its protocol or standing orders, which protocol or orders shall | 539 |
| be signed by a licensed health professional authorized to | 540 |
| prescribe drugs, specify the dangerous drugs to be administered, | 541 |
| and list personnel who are authorized to administer the dangerous | 542 |
|
drugs in accordance with federal law or the law of this state. | 543 |
| An application made on behalf of an animal shelter or county | 544 |
| dog warden shall include a notarized list of the dangerous drugs | 545 |
| to be administered to animals and the personnel who are authorized | 546 |
| to administer the drugs to animals in accordance with section | 547 |
|
4729.532 of the Revised Code. | 548 |
| After obtaining a terminal distributor license, a licensee | 549 |
| shall notify the board immediately of any changes in its protocol | 550 |
| or standing orders, or in such personnel. | 551 |
| (G)(1) Except as provided in division (G)(2) of this section, | 552 |
| each applicant for licensure as a terminal distributor of | 553 |
| dangerous drugs shall submit, with the application, a license fee | 554 |
| determined as follows: | 555 |
| (a) For a category I or limited category I license, | 556 |
| forty-five dollars; | 557 |
| (b) For a category II or limited category II license, one | 558 |
| hundred twelve dollars and fifty cents; | 559 |
| (c) For a category III license, including a license with a | 560 |
| pain management clinic classification issued under section | 561 |
| 4729.552 of the Revised Code, or a limited category III license, | 562 |
| one hundred fifty dollars. | 563 |
| (2) For a professional association, corporation, partnership, | 564 |
| or limited liability company organized for the purpose of | 565 |
| practicing veterinary medicine, the fee shall be forty dollars. | 566 |
| (3) Fees assessed under divisions (G)(1) and (2) of this | 567 |
| section shall not be returned if the applicant fails to qualify | 568 |
| for registration. | 569 |
| (H)(1) The board shall issue a terminal distributor of | 570 |
| dangerous drugs license to each person who submits an application | 571 |
| for such licensure in accordance with this section, pays the | 572 |
| required license fee, is determined by the board to meet the | 573 |
| requirements set forth in section 4729.55 of the Revised Code, and | 574 |
| satisfies any other applicable requirements of this section. | 575 |
| (2) The license of a person other than an emergency medical | 576 |
| service organization or county dog warden shall describe the one | 577 |
| establishment or place at which the licensee may engage in the | 578 |
| sale or other distribution of dangerous drugs at retail and | 579 |
| maintain possession, custody, or control of dangerous drugs for | 580 |
| purposes other than the licensee's own use or consumption. The one | 581 |
| establishment or place shall be that which is described in the | 582 |
| application for licensure. | 583 |
| No such license shall authorize or permit the terminal | 584 |
| distributor of dangerous drugs named in it to engage in the sale | 585 |
| or other distribution of dangerous drugs at retail or to maintain | 586 |
| possession, custody, or control of dangerous drugs for any purpose | 587 |
| other than the distributor's own use or consumption, at any | 588 |
| establishment or place other than that described in the license, | 589 |
| except that an agent or employee of an animal shelter or county | 590 |
| dog warden may possess and use dangerous drugs in the course of | 591 |
|
business as provided in
| 592 |
| Revised Code. | 593 |
| (3) The license of an emergency medical service organization | 594 |
| shall cover and describe all the units of the organization listed | 595 |
| in its application for licensure. | 596 |
| (4) The license of every terminal distributor of dangerous | 597 |
| drugs shall indicate, on its face, the category of licensure. If | 598 |
| the license is a limited category I, II, or III license, it shall | 599 |
| specify, and shall authorize the licensee to possess, have custody | 600 |
| or control of, and distribute only, the dangerous drugs that were | 601 |
| listed in the application for licensure. | 602 |
| (I) All licenses issued pursuant to this section shall be | 603 |
| effective for a period of twelve months from the first day of | 604 |
| January of each year. A license shall be renewed by the board for | 605 |
| a like period, annually, according to the provisions of this | 606 |
| section, and the standard renewal procedure of Chapter 4745. of | 607 |
| the Revised Code. A person who desires to renew a license shall | 608 |
| submit an application for renewal and pay the required fee on or | 609 |
| before the thirty-first day of December each year. The fee | 610 |
| required for the renewal of a license shall be the same as the fee | 611 |
| paid for the license being renewed, and shall accompany the | 612 |
| application for renewal. | 613 |
| A license that has not been renewed during December in any | 614 |
| year and by the first day of February of the following year may be | 615 |
| reinstated only upon payment of the required renewal fee and a | 616 |
| penalty fee of fifty-five dollars. | 617 |
| (J)(1) No emergency medical service organization that is | 618 |
| licensed as a terminal distributor of dangerous drugs shall fail | 619 |
| to comply with division (C)(2) or (3) of this section. | 620 |
| (2) No emergency medical service organization that is | 621 |
| licensed as a terminal distributor of dangerous drugs shall fail | 622 |
| to comply with division (D) of this section. | 623 |
| (3) No licensed terminal distributor of dangerous drugs shall | 624 |
| possess, have custody or control of, or distribute dangerous drugs | 625 |
| that the terminal distributor is not entitled to possess, have | 626 |
| custody or control of, or distribute by virtue of its category of | 627 |
| licensure. | 628 |
| (4) No licensee that is required by division (F) of this | 629 |
| section to notify the board of changes in its protocol or standing | 630 |
| orders, or in personnel, shall fail to comply with that division. | 631 |
| Sec. 4729.542. (A) An animal shelter or county dog warden | 632 |
| that holds a limited license issued under section 4729.531 of the | 633 |
| Revised Code may apply to the state board of pharmacy for a | 634 |
| chemical capture classification. | 635 |
| The application shall include a notarized list of the | 636 |
| dangerous drugs to be used in chemical capture and the certified | 637 |
| officers employed by the applicant. | 638 |
| (B) The holder of a limited license with a chemical capture | 639 |
| classification shall notify the board immediately of any changes | 640 |
| in the dangerous drugs to be used in chemical capture or in the | 641 |
| certified officers employed by the holder. | 642 |
| (C) An agent or employee of an animal shelter or county dog | 643 |
| warden may possess and use dangerous drugs in the course of | 644 |
| business as provided in sections 4729.532 and 4729.533 of the | 645 |
| Revised Code. | 646 |
| Sec. 4729.55. No license shall be issued to an applicant for | 647 |
| licensure as a terminal distributor of dangerous drugs unless the | 648 |
| applicant has furnished satisfactory proof to the state board of | 649 |
| pharmacy that: | 650 |
| (A) The applicant is equipped as to land, buildings, and | 651 |
| equipment to properly carry on the business of a terminal | 652 |
| distributor of dangerous drugs within the category of licensure | 653 |
| approved by the board. | 654 |
| (B) A pharmacist, licensed health professional authorized to | 655 |
| prescribe drugs, animal shelter or county dog warden licensed with | 656 |
| the state board of pharmacy under section 4729.531 of the Revised | 657 |
| Code, or a laboratory as defined in section 3719.01 of the Revised | 658 |
| Code will maintain supervision and control over the possession and | 659 |
| custody of dangerous drugs that may be acquired by or on behalf of | 660 |
| the applicant. | 661 |
| (C) Adequate safeguards are assured to prevent the sale or | 662 |
| other distribution of dangerous drugs by any person other than a | 663 |
| pharmacist or licensed health professional authorized to prescribe | 664 |
| drugs. | 665 |
| (D) Adequate safeguards are assured that the applicant will | 666 |
| carry on the business of a terminal distributor of dangerous drugs | 667 |
| in a manner that allows pharmacists and pharmacy interns employed | 668 |
| by the terminal distributor to practice pharmacy in a safe and | 669 |
| effective manner. | 670 |
| (E) If the applicant, or any agent or employee of the | 671 |
| applicant, has been found guilty of violating section 4729.51 of | 672 |
| the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 | 673 |
| Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control | 674 |
| laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code, | 675 |
| or any rule of the board, adequate safeguards are assured to | 676 |
| prevent the recurrence of the violation. | 677 |
| (F) In the case of an applicant who is a food processor or | 678 |
| retail seller of food, the applicant will maintain supervision and | 679 |
| control over the possession and custody of nitrous oxide. | 680 |
| (G) In the case of an applicant who is a retail seller of | 681 |
| oxygen in original packages labeled as required by the "Federal | 682 |
| Food, Drug, and Cosmetic Act," the applicant will maintain | 683 |
| supervision and control over the possession, custody, and retail | 684 |
| sale of the oxygen. | 685 |
| (H) If the application is made on behalf of a county dog | 686 |
| warden or an animal shelter, at least one of the agents or | 687 |
| employees of the dog warden or animal shelter is certified in | 688 |
| compliance with section 4729.532 of the Revised Code. | 689 |
| (I) In the case of an applicant who is a retail seller of | 690 |
| peritoneal dialysis solutions in original packages labeled as | 691 |
| required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. | 692 |
| 1040 (1938), 21 U.S.C.A. 301, the applicant will maintain | 693 |
| supervision and control over the possession, custody, and retail | 694 |
| sale of the peritoneal dialysis solutions. | 695 |
| (J) In the case of an applicant who is a pain management | 696 |
| clinic, the applicant meets the requirements to receive a license | 697 |
| with a pain management clinic classification issued under section | 698 |
| 4729.552 of the Revised Code. | 699 |
| Sec. 4729.991. Whoever violates section 4729.535 of the | 700 |
| Revised Code is guilty of a misdemeanor of the first degree. | 701 |
| Sec. 4741.201. This chapter does not apply to an act of | 702 |
| chemical capture by a certified officer in accordance with section | 703 |
| 955.151 of the Revised Code. | 704 |
| Section 2. That existing sections 4729.01, 4729.531, | 705 |
| 4729.532, 4729.54, and 4729.55 of the Revised Code are hereby | 706 |
| repealed. | 707 |
| Section 3. Sections 955.151, 959.134, 3719.091, 4729.533, | 708 |
| 4729.534, 4729.535, 4729.542, 4729.991, and 4741.201 of the | 709 |
| Revised Code are hereby repealed, effective five years after the | 710 |
| effective date of this act. | 711 |
| Section 4. The State Board of Pharmacy in consultation with | 712 |
| the State Veterinary Medical Licensing Board shall adopt the rules | 713 |
| required by section 4729.533 of the Revised Code not later than | 714 |
| two years after the effective date of this act. If the State Board | 715 |
| of Pharmacy fails to meet this requirement, the Ohio Attorney | 716 |
| General or a county prosecuting attorney may seek a court order | 717 |
| requiring adoption of the rules. | 718 |