As Reported by the Senate Agriculture Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 116

Representative Pelanda 

Cosponsors: Representatives Gonzales, Hackett, Young, Stebelton, Burkley, Hagan, C., Ruhl, Anielski, Antonio, Baker, Boose, Brown, Buchy, Budish, Celebrezze, Duffey, Fedor, Hall, Hayes, Heard, Landis, Patterson, Sprague Speaker Batchelder 

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A BILL

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 and to make changes to the law governing

6

euthanasia of an animal by lethal injection.

7

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

Section 1.  That sections 4729.01, 4729.531, 4729.532,	8
4729.54, and 4729.55 be amended and sections 955.151, 959.134,	9
3719.091, 4729.533, 4729.534, 4729.535, 4729.542, 4729.991, and	10
4741.201 of the Revised Code be enacted to read as follows:	11

Sec. 955.151. (A) As used in this section:

12

(1) "Certified officer" means an individual who holds a	13
certificate issued under section 4729.534 of the Revised Code.	14

(2) "Chemical capture" means using an anesthetic drug on a	15
companion animal or dog at large to do any of the following:	16

(a) Immobilize and capture;

17

(b) Attempt to immobilize and capture;

18

(c) Attempt to immobilize or capture.

19

(3) "Companion animal" has the same meaning as in section	20
959.131 of the Revised Code.	21

(B) A certified officer appointed or employed by an animal	22
shelter or county dog warden that holds a chemical capture	23
classification granted under section 4729.533 of the Revised Code	24
may, in accordance with that section and rules adopted under it,	25
chemically capture a companion animal or dog at large to limit	26
injury to the officer, the animal or another animal, or the	27
public.	28

Sec. 959.134.  (A) Chemical capture of a companion animal or	29
dog at large by a certified officer in accordance with the laws of	30
this state is not an act of cruelty.	31

(B) "Chemical capture" and "certified officer" have the same	32
meanings as in section 955.151 of the Revised Code.	33

Sec. 3719.091.  Possession or control of dangerous drugs as	34
defined in section 4729.01 of the Revised Code is authorized when	35
in the scope of duties by a certified officer, as defined in	36
section 955.151 of the Revised Code, for use in chemical capture	37
under that section.	38

Sec. 4729.01. As used in this chapter:

39

(A) "Pharmacy," except when used in a context that refers to	40
the practice of pharmacy, means any area, room, rooms, place of	41
business, department, or portion of any of the foregoing where the	42
practice of pharmacy is conducted.	43

(B) "Practice of pharmacy" means providing pharmacist care	44
requiring specialized knowledge, judgment, and skill derived from	45
the principles of biological, chemical, behavioral, social,	46
pharmaceutical, and clinical sciences. As used in this division,	47
"pharmacist care" includes the following:	48

(1) Interpreting prescriptions;

49

(2) Dispensing drugs and drug therapy related devices;

50

(3) Compounding drugs;

51

(4) Counseling individuals with regard to their drug therapy,	52
recommending drug therapy related devices, and assisting in the	53
selection of drugs and appliances for treatment of common diseases	54
and injuries and providing instruction in the proper use of the	55
drugs and appliances;	56

(5) Performing drug regimen reviews with individuals by	57
discussing all of the drugs that the individual is taking and	58
explaining the interactions of the drugs;	59

(6) Performing drug utilization reviews with licensed health	60
professionals authorized to prescribe drugs when the pharmacist	61
determines that an individual with a prescription has a drug	62
regimen that warrants additional discussion with the prescriber;	63

(7) Advising an individual and the health care professionals	64
treating an individual with regard to the individual's drug	65
therapy;	66

(8) Acting pursuant to a consult agreement with a physician	67
authorized under Chapter 4731. of the Revised Code to practice	68
medicine and surgery or osteopathic medicine and surgery, if an	69
agreement has been established with the physician;	70

(9) Engaging in the administration of immunizations to the	71
extent authorized by section 4729.41 of the Revised Code.	72

(C) "Compounding" means the preparation, mixing, assembling,	73
packaging, and labeling of one or more drugs in any of the	74
following circumstances:	75

(1) Pursuant to a prescription issued by a licensed health	76
professional authorized to prescribe drugs;	77

(2) Pursuant to the modification of a prescription made in	78
accordance with a consult agreement;	79

(3) As an incident to research, teaching activities, or	80
chemical analysis;	81

(4) In anticipation of orders for drugs pursuant to	82
prescriptions, based on routine, regularly observed dispensing	83
patterns;	84

(5) Pursuant to a request made by a licensed health	85
professional authorized to prescribe drugs for a drug that is to	86
be used by the professional for the purpose of direct	87
administration to patients in the course of the professional's	88
practice, if all of the following apply:	89

(a) At the time the request is made, the drug is not	90
commercially available regardless of the reason that the drug is	91
not available, including the absence of a manufacturer for the	92
drug or the lack of a readily available supply of the drug from a	93
manufacturer.	94

(b) A limited quantity of the drug is compounded and provided	95
to the professional.	96

(c) The drug is compounded and provided to the professional	97
as an occasional exception to the normal practice of dispensing	98
drugs pursuant to patient-specific prescriptions.	99

(D) "Consult agreement" means an agreement to manage an	100
individual's drug therapy that has been entered into by a	101
pharmacist and a physician authorized under Chapter 4731. of the	102
Revised Code to practice medicine and surgery or osteopathic	103
medicine and surgery.	104

(E) "Drug" means:

105

(1) Any article recognized in the United States pharmacopoeia	106
and national formulary, or any supplement to them, intended for	107
use in the diagnosis, cure, mitigation, treatment, or prevention	108
of disease in humans or animals;	109

(2) Any other article intended for use in the diagnosis,	110
cure, mitigation, treatment, or prevention of disease in humans or	111
animals;	112

(3) Any article, other than food, intended to affect the	113
structure or any function of the body of humans or animals;	114

(4) Any article intended for use as a component of any	115
article specified in division (E)(1), (2), or (3) of this section;	116
but does not include devices or their components, parts, or	117
accessories.	118

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

119

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

120

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	121
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	122
required to bear a label containing the legend "Caution: Federal	123
law prohibits dispensing without prescription" or "Caution:	124
Federal law restricts this drug to use by or on the order of a	125
licensed veterinarian" or any similar restrictive statement, or	126
the drug may be dispensed only upon a prescription;	127

(b) Under Chapter 3715. or 3719. of the Revised Code, the	128
drug may be dispensed only upon a prescription.	129

(2) Any drug that contains a schedule V controlled substance	130
and that is exempt from Chapter 3719. of the Revised Code or to	131
which that chapter does not apply;	132

(3) Any drug intended for administration by injection into	133
the human body other than through a natural orifice of the human	134
body.	135

(G) "Federal drug abuse control laws" has the same meaning as	136
in section 3719.01 of the Revised Code.	137

(H) "Prescription" means a written, electronic, or oral order	138
for drugs or combinations or mixtures of drugs to be used by a	139
particular individual or for treating a particular animal, issued	140
by a licensed health professional authorized to prescribe drugs.	141

(I) "Licensed health professional authorized to prescribe	142
drugs" or "prescriber" means an individual who is authorized by	143
law to prescribe drugs or dangerous drugs or drug therapy related	144
devices in the course of the individual's professional practice,	145
including only the following:	146

(1) A dentist licensed under Chapter 4715. of the Revised	147
Code;	148

(2) A clinical nurse specialist, certified nurse-midwife, or	149
certified nurse practitioner who holds a certificate to prescribe	150
issued under section 4723.48 of the Revised Code;	151

(3) An optometrist licensed under Chapter 4725. of the	152
Revised Code to practice optometry under a therapeutic	153
pharmaceutical agents certificate;	154

(4) A physician authorized under Chapter 4731. of the Revised	155
Code to practice medicine and surgery, osteopathic medicine and	156
surgery, or podiatric medicine and surgery;	157

(5) A physician assistant who holds a certificate to	158
prescribe issued under Chapter 4730. of the Revised Code;	159

(6) A veterinarian licensed under Chapter 4741. of the	160
Revised Code.	161

(J) "Sale" and "sell" include delivery, transfer, barter,	162
exchange, or gift, or offer therefor, and each such transaction	163
made by any person, whether as principal proprietor, agent, or	164
employee.	165

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	166
which the purpose of the purchaser is to resell the article	167
purchased or received by the purchaser.	168

(L) "Retail sale" and "sale at retail" mean any sale other	169
than a wholesale sale or sale at wholesale.	170

(M) "Retail seller" means any person that sells any dangerous	171
drug to consumers without assuming control over and responsibility	172
for its administration. Mere advice or instructions regarding	173
administration do not constitute control or establish	174
responsibility.	175

(N) "Price information" means the price charged for a	176
prescription for a particular drug product and, in an easily	177
understandable manner, all of the following:	178

(1) The proprietary name of the drug product;

179

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

180

(3) The strength of the drug product if the product contains	181
a single active ingredient or if the drug product contains more	182
than one active ingredient and a relevant strength can be	183
associated with the product without indicating each active	184
ingredient. The established name and quantity of each active	185
ingredient are required if such a relevant strength cannot be so	186
associated with a drug product containing more than one	187
ingredient.	188

(4) The dosage form;

189

(5) The price charged for a specific quantity of the drug	190
product. The stated price shall include all charges to the	191
consumer, including, but not limited to, the cost of the drug	192
product, professional fees, handling fees, if any, and a statement	193
identifying professional services routinely furnished by the	194
pharmacy. Any mailing fees and delivery fees may be stated	195
separately without repetition. The information shall not be false	196
or misleading.	197

(O) "Wholesale distributor of dangerous drugs" means a person	198
engaged in the sale of dangerous drugs at wholesale and includes	199
any agent or employee of such a person authorized by the person to	200
engage in the sale of dangerous drugs at wholesale.	201

(P) "Manufacturer of dangerous drugs" means a person, other	202
than a pharmacist, who manufactures dangerous drugs and who is	203
engaged in the sale of those dangerous drugs within this state.	204

(Q) "Terminal distributor of dangerous drugs" means a person	205
who is engaged in the sale of dangerous drugs at retail, or any	206
person, other than a wholesale distributor or a pharmacist, who	207
has possession, custody, or control of dangerous drugs for any	208
purpose other than for that person's own use and consumption, and	209
includes pharmacies, hospitals, nursing homes, and laboratories	210
and all other persons who procure dangerous drugs for sale or	211
other distribution by or under the supervision of a pharmacist or	212
licensed health professional authorized to prescribe drugs.	213

(R) "Promote to the public" means disseminating a	214
representation to the public in any manner or by any means, other	215
than by labeling, for the purpose of inducing, or that is likely	216
to induce, directly or indirectly, the purchase of a dangerous	217
drug at retail.	218

(S) "Person" includes any individual, partnership,	219
association, limited liability company, or corporation, the state,	220
any political subdivision of the state, and any district,	221
department, or agency of the state or its political subdivisions.	222

(T) "Finished dosage form" has the same meaning as in section	223
3715.01 of the Revised Code.	224

(U) "Generically equivalent drug" has the same meaning as in	225
section 3715.01 of the Revised Code.	226

(V)(1) "Animal shelter" means a facility operated by a humane	227
society or any society organized under Chapter 1717. of the	228
Revised Code or a dog pound operated pursuant to Chapter 955. of	229
the Revised Code.	230

(2) "County dog warden" means a dog warden or deputy dog	231
warden appointed or employed under section 955.12 of the Revised	232
Code.	233

(W) "Food" has the same meaning as in section 3715.01 of the	234
Revised Code.	235

(X) "Pain management clinic" has the same meaning as in	236
section 4731.054 of the Revised Code.	237

Sec. 4729.531.  (A) The state board of pharmacy may issue a	238
limited license to an animal sheltersshelter or county dog warden	239
solely for the purpose of purchasing, possessing, and	240
administering combination drugs that contain pentobarbital and at	241
least one noncontrolled substance ingredient,are distributed in a	242
manufactured dosage form, whose only indication is for euthanizing	243
animals, or other substancesas described in section 4729.532 of	244
the Revised Code. No such license shall authorize or permit the	245
distribution of these drugs to any person other than the	246
originating wholesale distributor of the drugs. An application for	247
licensure shall include the information the board requires by rule	248
under this section. If the application meets the requirements of	249
the rules adopted under this section, the board shall issue the	250
license.	251

(B) The board, in accordance with Chapter 119. of the Revised	252
Code, shall adopt any rules necessary to administer and enforce	253
this section. The rules shall do all of the following:	254

(1) Require as a condition of licensure of the facility that	255
an agent or employee of an animal shelter or an agent or employee	256
of a county dog warden, other than a registered veterinary	257
technician as defined in section 4741.01 of the Revised Code, has	258
successfully completed a euthanasia technician certification	259
course described in section 4729.532 of the Revised Code;	260

(2) Specify the information the animal shelter or county dog	261
warden must provide the board for issuance or renewal of a	262
license;	263

(3) Establish criteria for the board to use in determining	264
whether to refuse to issue or renew, suspend, or revoke a license	265
issued under this section;	266

(4) Address any other matters the board considers necessary	267
or appropriate for the administration and enforcement of this	268
section.	269

Sec. 4729.532.  (A) No agent or employee of an animal shelter	270
and no county dog warden or agent or employee of a county dog	271
warden shall perform euthanasia by means of lethal injection on an	272
animal by use of any substance other than combination drugs that	273
contain pentobarbital and at least one noncontrolleda substance	274
active ingredient, in a manufactured dosage form, whose only	275
indication is for euthanizing animals, or other substance that the	276
state veterinary medical licensing board and, in consultation with	277
the state board of pharmacy both approve, approves by rule adopted	278
in accordance with Chapter 119. of the Revised Code.	279

The agent or employee of an animal shelter, county dog	280
warden, or agent or employee of a county dog warden when using a	281
lethal solution to perform euthanasia on an animal shall use such	282
the solution in accordance with one of the following methods and	283
in the following order of preference:	284

(1) Intravenous injection by hypodermic needle;

285

(2) Intraperitoneal injection by hypodermic needle;

286

(3) Intracardial injection by hypodermic needle, but only on	287
a sedated or unconsciousan animal verfied to be unconscious;	288

(4) SolutionOral administration of solution or powder added	289
to food.	290

(B) Except as provided in division (D) of this section, no	291
Before euthanasia, a euthanasia technician may administer a	292
solution of one or more drugs exclusively for the purpose of	293
inducing sedation or unconsciousness prior to euthanasia. Only	294
those drugs that have been approved by rule of the state board of	295
pharmacy, in consultation with the state veterinary medical	296
licensing board, may be used.	297

(C) No agent or employee of an animal shelter and no county	298
dog warden or agent or employee of a county dog warden, other than	299
a registered veterinary technician as defined in section 4741.01	300
of the Revised Code, shall perform euthanasia by means of lethal	301
injection on an animal or administer pre-euthanasia drugs that	302
induce sedation or unconsciousness unless hethe agent or employee	303
or county dog warden has received certification after successfully	304
completing a euthanasia technician certification course as	305
described in this division.	306

The curriculum for a euthanasia technician certification	307
course shall be one that has been approved by the state veterinary	308
medical licensing board, shall be at least sixteen hours in	309
length, and shall include information in at least all of the	310
following areas:	311

(1) The pharmacology, proper administration, and storage of	312
euthanasia and sedation solutions;	313

(2) Federal and state laws regulating the storage and	314
accountability of euthanasia and sedation solutions;	315

(3) Euthanasia technician stress management;

316

(4) Proper disposal of euthanized animals.

317

(C)(D)(1) Except as provided in division (D) of this section,	318
noNo agent or employee of either an animal shelter or county dog	319
warden shall perform euthanasia by means of lethal injection on	320
animals or administer pre-euthanasia drugs that induce sedation or	321
unconsciousness under this section unless the facility in which he	322
the agent or employee works or is employed is licensed with the	323
state board of pharmacy under section 4729.531 of the Revised	324
Code.	325

(2) Any agent or employee of an animal shelter or county dog	326
warden performing euthanasia by means of lethal injection or	327
administering pre-euthanasia drugs that induce sedation or	328
unconsciousness shall do so only in a humane and proficient manner	329
that is in conformity with the methods described in division	330
divisions (A) and (B) of this section and not in violation of	331
Chapter 959. of the Revised Code.	332

(D) An agent or employee of an animal shelter who is	333
performing euthanasia by means of lethal injection on animals on	334
or before the effective date of this section may continue to	335
perform such euthanasia and is not required to be certified in	336
compliance with division (B) of this section until ninety days	337
after the effective date of the rules adopted in compliance with	338
Section 3 of House Bill No. 88 of the 120th general assembly.	339

(E) Nothing in this section precludes a licensed veterinarian	340
or registered veterinary technician as defined in section 4741.01	341
of the Revised Code from engaging in the practice of veterinary	342
medicine as authorized in Chapter 4741. of the Revised Code.	343

Sec. 4729.533. (A) As used in this section and sections	344
4729.534 and 4729.535 of the Revised Code, "certified officer" and	345
"chemical capture" have the same meanings as in section 955.151 of	346
the Revised Code.	347

(B) On application of an animal shelter or county dog warden	348
that holds a limited license issued under section 4729.531 of the	349
Revised Code, the state board of pharmacy may grant a chemical	350
capture classification to the limited license. The classification	351
permits the holder to purchase, possess, and administer a	352
combination of drugs for chemical capture. No such classification	353
shall authorize or permit the distribution of these drugs to any	354
person other than the originating wholesale distributor of the	355
drugs.	356

(C) To qualify for a chemical capture classification under	357
this section, an applicant shall appoint or employ a certified	358
officer.	359

(D) If an applicant meets the requirements of this section	360
and rules adopted under it, the board shall grant the	361
classification. The board may suspend or revoke a classification	362
or refuse to issue or renew a classification for any violation of	363
this section, section 4729.535 of the Revised Code, or rules	364
adopted under this section.	365

(E) The state board of pharmacy, in accordance with Chapter	366
119. of the Revised Code and in consultation with the state	367
veterinary medical licensing board, shall adopt rules that do all	368
of the following:	369

(1) Specify the information an applicant must provide for	370
issuance or renewal of a chemical capture classification;	371

(2) Establish criteria for the state board of pharmacy to use	372
in determining whether to refuse to grant a classification or to	373
renew, suspend, or revoke a classification;	374

(3) Specify all of the following:

375

(a) The drugs to be used in chemical capture;

376

(b) The proper storage, administration, and use of approved	377
drugs;	378

(c) The proper storage, maintenance, and use of instruments	379
and equipment used in chemical capture;	380

(d) The proper disposal of instruments used in chemical	381
capture.	382

(4) Establish criteria for all of the following:

383

(a) Determining when chemical capture is appropriate;

384

(b) The care of a companion animal immediately upon capture;

385

(c) Recordkeeping for the drugs used and actions taken during	386
a chemical capture.	387

(5) Address any other matters the board considers necessary	388
or appropriate for administration and enforcement of this section	389
and sections 4729.534 and 4729.535 of the Revised Code.	390

Sec. 4729.534. (A) The state board of pharmacy in	391
consultation with the state veterinary medical licensing board	392
shall certify an individual as a certified officer if the	393
individual does one of the following:	394

(1) Successfully completes a chemical capture course that has	395
a curriculum approved in accordance with division (B) of this	396
section;	397

(2) Successfully completes training acceptable to the state	398
board of pharmacy from the national animal control association or	399
safe capture international, inc.	400

(B) To be approved as a chemical capture curriculum for	401
purposes of division (A)(1) of this section, a curriculum shall	402
include all of the following topics:	403

(1) The pharmacology, proper administration, storage, and	404
recordkeeping of drugs used in chemical capture;	405

(2) Federal and state laws regulating the storage and	406
accountability of drugs used in chemical capture;	407

(3) Chemical capture technology, animal behavior,	408
post-immobilization procedures, proper public and personnel	409
safety, and marksmanship training;	410

(4) Any other topic specified by the state board of pharmacy.

411

Sec. 4729.535. No person shall perform chemical capture with	412
a drug or combination of drugs other than the drugs specified in	413
rules adopted under section 4729.533 of the Revised Code.	414

No animal shelter or county dog warden shall permit an	415
individual to perform chemical capture unless the shelter or	416
warden holds a chemical capture classification granted under	417
section 4729.533 of the Revised Code and the individual is a	418
certified officer.	419

No individual shall perform chemical capture unless the	420
individual is a certified officer and is appointed or employed by	421
an animal shelter or county dog warden that holds a chemical	422
capture classification.	423

Nothing in this section precludes a licensed veterinarian as	424
defined in section 4741.01 of the Revised Code from engaging in	425
the practice of veterinary medicine as authorized in Chapter 4741.	426
of the Revised Code.	427

Sec. 4729.54.  (A) As used in this section and section	428
sections 4729.541 and 4729.542 of the Revised Code:	429

(1) "Category I" means single-dose injections of intravenous	430
fluids, including saline, Ringer's lactate, five per cent dextrose	431
and distilled water, and other intravenous fluids or parenteral	432
solutions included in this category by rule of the state board of	433
pharmacy, that have a volume of one hundred milliliters or more	434
and that contain no added substances, or single-dose injections of	435
epinephrine to be administered pursuant to sections 4765.38 and	436
4765.39 of the Revised Code.	437

(2) "Category II" means any dangerous drug that is not	438
included in category I or III.	439

(3) "Category III" means any controlled substance that is	440
contained in schedule I, II, III, IV, or V.	441

(4) "Emergency medical service organization" has the same	442
meaning as in section 4765.01 of the Revised Code.	443

(5) "Person" includes an emergency medical service	444
organization.	445

(6) "Schedule I, schedule II, schedule III, schedule IV, and	446
schedule V" mean controlled substance schedules I, II, III, IV,	447
and V, respectively, as established pursuant to section 3719.41 of	448
the Revised Code and as amended.	449

(B)(1) A person who desires to be licensed as a terminal	450
distributor of dangerous drugs shall file with the executive	451
director of the state board of pharmacy a verified application.	452
After it is filed, the application may not be withdrawn without	453
approval of the board.	454

(2) An application shall contain all the following that apply	455
in the applicant's case:	456

(a) Information that the board requires relative to the	457
qualifications of a terminal distributor of dangerous drugs set	458
forth in section 4729.55 of the Revised Code;	459

(b) A statement that the person wishes to be licensed as a	460
category I, category II, category III, limited category I, limited	461
category II, or limited category III terminal distributor of	462
dangerous drugs;	463

(c) If the person wishes to be licensed as a limited category	464
I, limited category II, or limited category III terminal	465
distributor of dangerous drugs, a notarized list of the dangerous	466
drugs that the person wishes to possess, have custody or control	467
of, and distribute, which list shall also specify the purpose for	468
which those drugs will be used and their source;	469

(d) If the person is an emergency medical service	470
organization, the information that is specified in division (C)(1)	471
of this section;	472

(e) Except for an emergency medical service organization, the	473
identity of the one establishment or place at which the person	474
intends to engage in the sale or other distribution of dangerous	475
drugs at retail, and maintain possession, custody, or control of	476
dangerous drugs for purposes other than the person's own use or	477
consumption;	478

(f) If the application pertains to a pain management clinic,	479
information that demonstrates, to the satisfaction of the board,	480
compliance with division (A) of section 4729.552 of the Revised	481
Code.	482

(C)(1) An emergency medical service organization that wishes	483
to be licensed as a terminal distributor of dangerous drugs shall	484
list in its application for licensure the following additional	485
information:	486

(a) The units under its control that the organization	487
determines will possess dangerous drugs for the purpose of	488
administering emergency medical services in accordance with	489
Chapter 4765. of the Revised Code;	490

(b) With respect to each such unit, whether the dangerous	491
drugs that the organization determines the unit will possess are	492
in category I, II, or III.	493

(2) An emergency medical service organization that is	494
licensed as a terminal distributor of dangerous drugs shall file a	495
new application for such licensure if there is any change in the	496
number, or location of, any of its units or any change in the	497
category of the dangerous drugs that any unit will possess.	498

(3) A unit listed in an application for licensure pursuant to	499
division (C)(1) of this section may obtain the dangerous drugs it	500
is authorized to possess from its emergency medical service	501
organization or, on a replacement basis, from a hospital pharmacy.	502
If units will obtain dangerous drugs from a hospital pharmacy, the	503
organization shall file, and maintain in current form, the	504
following items with the pharmacist who is responsible for the	505
hospital's terminal distributor of dangerous drugs license:	506

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

507

(b) A list of the personnel employed or used by the	508
organization to provide emergency medical services in accordance	509
with Chapter 4765. of the Revised Code, who are authorized to	510
possess the drugs, which list also shall indicate the personnel	511
who are authorized to administer the drugs.	512

(D) Each emergency medical service organization that applies	513
for a terminal distributor of dangerous drugs license shall submit	514
with its application the following:	515

(1) A notarized copy of its standing orders or protocol,	516
which orders or protocol shall be signed by a physician and	517
specify the dangerous drugs that its units may carry, expressed in	518
standard dose units;	519

(2) A list of the personnel employed or used by the	520
organization to provide emergency medical services in accordance	521
with Chapter 4765. of the Revised Code.	522

An emergency medical service organization that is licensed as	523
a terminal distributor shall notify the board immediately of any	524
changes in its standing orders or protocol.	525

(E) There shall be six categories of terminal distributor of	526
dangerous drugs licenses, which categories shall be as follows:	527

(1) Category I license. A person who obtains this license may	528
possess, have custody or control of, and distribute only the	529
dangerous drugs described in category I.	530

(2) Limited category I license. A person who obtains this	531
license may possess, have custody or control of, and distribute	532
only the dangerous drugs described in category I that were listed	533
in the application for licensure.	534

(3) Category II license. A person who obtains this license	535
may possess, have custody or control of, and distribute only the	536
dangerous drugs described in category I and category II.	537

(4) Limited category II license. A person who obtains this	538
license may possess, have custody or control of, and distribute	539
only the dangerous drugs described in category I or category II	540
that were listed in the application for licensure.	541

(5) Category III license, which may include a pain management	542
clinic classification issued under section 4729.552 of the Revised	543
Code. A person who obtains this license may possess, have custody	544
or control of, and distribute the dangerous drugs described in	545
category I, category II, and category III. If the license includes	546
a pain management clinic classification, the person may operate a	547
pain management clinic.	548

(6) Limited category III license. A person who obtains this	549
license may possess, have custody or control of, and distribute	550
only the dangerous drugs described in category I, category II, or	551
category III that were listed in the application for licensure.	552

(F) Except for an application made by a county dog warden or	553
on behalf of an animal shelter, if an applicant for licensure as a	554
limited category I, II, or III terminal distributor of dangerous	555
drugs intends to administer dangerous drugs to a person or animal,	556
the applicant shall submit, with the application, a notarized copy	557
of its protocol or standing orders, which protocol or orders shall	558
be signed by a licensed health professional authorized to	559
prescribe drugs, specify the dangerous drugs to be administered,	560
and list personnel who are authorized to administer the dangerous	561
drugs in accordance with federal law or the law of this state. An	562

An application made on behalf of an animal shelter or county	563
dog warden shall include a notarized list of the dangerous drugs	564
to be administered to animals and the personnel who are authorized	565
to administer the drugs to animals in accordance with section	566
4729.532 of the Revised Code. After	567

After obtaining a terminal distributor license, a licensee	568
shall notify the board immediately of any changes in its protocol	569
or standing orders, or in such personnel.	570

(G)(1) Except as provided in division (G)(2) of this section,	571
each applicant for licensure as a terminal distributor of	572
dangerous drugs shall submit, with the application, a license fee	573
determined as follows:	574

(a) For a category I or limited category I license,	575
forty-five dollars;	576

(b) For a category II or limited category II license, one	577
hundred twelve dollars and fifty cents;	578

(c) For a category III license, including a license with a	579
pain management clinic classification issued under section	580
4729.552 of the Revised Code, or a limited category III license,	581
one hundred fifty dollars.	582

(2) For a professional association, corporation, partnership,	583
or limited liability company organized for the purpose of	584
practicing veterinary medicine, the fee shall be forty dollars.	585

(3) Fees assessed under divisions (G)(1) and (2) of this	586
section shall not be returned if the applicant fails to qualify	587
for registration.	588

(H)(1) The board shall issue a terminal distributor of	589
dangerous drugs license to each person who submits an application	590
for such licensure in accordance with this section, pays the	591
required license fee, is determined by the board to meet the	592
requirements set forth in section 4729.55 of the Revised Code, and	593
satisfies any other applicable requirements of this section.	594

(2) The license of a person other than an emergency medical	595
service organization or county dog warden shall describe the one	596
establishment or place at which the licensee may engage in the	597
sale or other distribution of dangerous drugs at retail and	598
maintain possession, custody, or control of dangerous drugs for	599
purposes other than the licensee's own use or consumption. The one	600
establishment or place shall be that which is described in the	601
application for licensure.	602

No such license shall authorize or permit the terminal	603
distributor of dangerous drugs named in it to engage in the sale	604
or other distribution of dangerous drugs at retail or to maintain	605
possession, custody, or control of dangerous drugs for any purpose	606
other than the distributor's own use or consumption, at any	607
establishment or place other than that described in the license,	608
except that an agent or employee of an animal shelter or county	609
dog warden may possess and use dangerous drugs in the course of	610
business as provided in division (D) of section 4729.532 of the	611
Revised Code.	612

(3) The license of an emergency medical service organization	613
shall cover and describe all the units of the organization listed	614
in its application for licensure.	615

(4) The license of every terminal distributor of dangerous	616
drugs shall indicate, on its face, the category of licensure. If	617
the license is a limited category I, II, or III license, it shall	618
specify, and shall authorize the licensee to possess, have custody	619
or control of, and distribute only, the dangerous drugs that were	620
listed in the application for licensure.	621

(I) All licenses issued pursuant to this section shall be	622
effective for a period of twelve months from the first day of	623
January of each year. A license shall be renewed by the board for	624
a like period, annually, according to the provisions of this	625
section, and the standard renewal procedure of Chapter 4745. of	626
the Revised Code. A person who desires to renew a license shall	627
submit an application for renewal and pay the required fee on or	628
before the thirty-first day of December each year. The fee	629
required for the renewal of a license shall be the same as the fee	630
paid for the license being renewed, and shall accompany the	631
application for renewal.	632

A license that has not been renewed during December in any	633
year and by the first day of February of the following year may be	634
reinstated only upon payment of the required renewal fee and a	635
penalty fee of fifty-five dollars.	636

(J)(1) No emergency medical service organization that is	637
licensed as a terminal distributor of dangerous drugs shall fail	638
to comply with division (C)(2) or (3) of this section.	639

(2) No emergency medical service organization that is	640
licensed as a terminal distributor of dangerous drugs shall fail	641
to comply with division (D) of this section.	642

(3) No licensed terminal distributor of dangerous drugs shall	643
possess, have custody or control of, or distribute dangerous drugs	644
that the terminal distributor is not entitled to possess, have	645
custody or control of, or distribute by virtue of its category of	646
licensure.	647

(4) No licensee that is required by division (F) of this	648
section to notify the board of changes in its protocol or standing	649
orders, or in personnel, shall fail to comply with that division.	650

Sec. 4729.542.  (A) An animal shelter or county dog warden	651
that holds a limited license issued under section 4729.531 of the	652
Revised Code may apply to the state board of pharmacy for a	653
chemical capture classification.	654

The application shall include a notarized list of the	655
dangerous drugs to be used in chemical capture and the certified	656
officers employed by the applicant.	657

(B) The holder of a limited license with a chemical capture	658
classification shall notify the board immediately of any changes	659
in the dangerous drugs to be used in chemical capture or in the	660
certified officers employed by the holder.	661

(C) An agent or employee of an animal shelter or county dog	662
warden may possess and use dangerous drugs in the course of	663
business as provided in sections 4729.532 and 4729.533 of the	664
Revised Code.	665

Sec. 4729.55.  No license shall be issued to an applicant for	666
licensure as a terminal distributor of dangerous drugs unless the	667
applicant has furnished satisfactory proof to the state board of	668
pharmacy that:	669

(A) The applicant is equipped as to land, buildings, and	670
equipment to properly carry on the business of a terminal	671
distributor of dangerous drugs within the category of licensure	672
approved by the board.	673

(B) A pharmacist, licensed health professional authorized to	674
prescribe drugs, animal shelter or county dog warden licensed with	675
the state board of pharmacy under section 4729.531 of the Revised	676
Code, or a laboratory as defined in section 3719.01 of the Revised	677
Code will maintain supervision and control over the possession and	678
custody of dangerous drugs that may be acquired by or on behalf of	679
the applicant.	680

(C) Adequate safeguards are assured to prevent the sale or	681
other distribution of dangerous drugs by any person other than a	682
pharmacist or licensed health professional authorized to prescribe	683
drugs.	684

(D) Adequate safeguards are assured that the applicant will	685
carry on the business of a terminal distributor of dangerous drugs	686
in a manner that allows pharmacists and pharmacy interns employed	687
by the terminal distributor to practice pharmacy in a safe and	688
effective manner.	689

(E) If the applicant, or any agent or employee of the	690
applicant, has been found guilty of violating section 4729.51 of	691
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52	692
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control	693
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,	694
or any rule of the board, adequate safeguards are assured to	695
prevent the recurrence of the violation.	696

(F) In the case of an applicant who is a food processor or	697
retail seller of food, the applicant will maintain supervision and	698
control over the possession and custody of nitrous oxide.	699

(G) In the case of an applicant who is a retail seller of	700
oxygen in original packages labeled as required by the "Federal	701
Food, Drug, and Cosmetic Act," the applicant will maintain	702
supervision and control over the possession, custody, and retail	703
sale of the oxygen.	704

(H) If the application is made on behalf of a county dog	705
warden or an animal shelter, at least one of the agents or	706
employees of the dog warden or animal shelter is certified in	707
compliance with section 4729.532 of the Revised Code.	708

(I) In the case of an applicant who is a retail seller of	709
peritoneal dialysis solutions in original packages labeled as	710
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	711
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain	712
supervision and control over the possession, custody, and retail	713
sale of the peritoneal dialysis solutions.	714

(J) In the case of an applicant who is a pain management	715
clinic, the applicant meets the requirements to receive a license	716
with a pain management clinic classification issued under section	717
4729.552 of the Revised Code.	718

Sec. 4729.991.  Whoever violates section 4729.535 of the	719
Revised Code is guilty of a misdemeanor of the first degree.	720

Sec. 4741.201.  (A) This chapter does not apply to an act of	721
chemical capture by a certified officer in accordance with section	722
955.151 of the Revised Code.	723

(B) "Chemical capture" and "certified officer" have the same	724
meanings as in section 955.151 of the Revised Code.	725

Section 2. That existing sections 4729.01, 4729.531,	726
4729.532, 4729.54, and 4729.55 of the Revised Code are hereby	727
repealed.	728

Section 3. The State Board of Pharmacy in consultation with	729
the State Veterinary Medical Licensing Board shall adopt the rules	730
required by section 4729.533 of the Revised Code not later than	731
two years after the effective date of this act. If the State Board	732
of Pharmacy fails to meet this requirement, the Attorney General	733
or a county prosecuting attorney may seek a court order requiring	734
adoption of the rules.	735