H. B. No. 296 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 296

Representatives Johnson, Duffey

Cosponsors: Representatives Grossman, Butler, Hackett, Beck, Blessing, Scherer, Derickson, Milkovich, Sprague, Antonio, Becker, Barborak, Stinziano, Roegner, Sears, Amstutz, Phillips, Terhar, Hagan, R., Buchy, Stebelton, Perales, Smith, Blair, Rosenberger, Cera

A BILL

To amend sections 3313.713, 3313.718, 4729.51, and

4729.60 and to enact sections 3313.7110, 3314.143,

3326.28, and 3328.29 of the Revised Code to permit

public schools to procure epinephrine

autoinjectors in accordance with prescribed

procedures and to exempt them from licensing

requirements related to the possession of

epinephrine autoinjectors.

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

Section 1. That sections 3313.713, 3313.718, 4729.51, and	9
4729.60 be amended and sections 3313.7110, 3314.143, 3326.28, and	10
3328.29 of the Revised Code be enacted to read as follows:	11

Sec. 3313.713. (A) As used in this section:

(1) "Drug" means a drug, as defined in section 4729.01 of the	13
Revised Code, that is to be administered pursuant to the	14
instructions of the prescriber, whether or not required by law to	15
be sold only upon a prescription.	16

(2) "Federal law" means the "Individuals with Disabilities	17
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	18

(3) "Prescriber" has the same meaning as in section 4729.01	19
of the Revised Code.	20

(B) The board of education of each city, local, exempted	21
village, and joint vocational school district shall~~, not later~~	22
~~than one hundred twenty days after September 20, 1984,~~ adopt a	23
policy on the authority of its employees, when acting in	24
situations other than those governed by sections 2305.23,	25
2305.231, ~~and~~ 3313.712, and 3313.7110 of the Revised Code, to	26
administer drugs prescribed to students enrolled in the schools of	27
the district. The policy shall provide either that:	28

(1) Except as otherwise required by federal law, no person	29
employed by the board shall, in the course of such employment,	30
administer any drug prescribed to any student enrolled in the	31
schools of the district.	32

(2) Designated persons employed by the board are authorized	33
to administer to a student a drug prescribed for the student.	34
Effective July 1, 2011, only employees of the board who are	35
licensed health professionals, or who have completed a drug	36
administration training program conducted by a licensed health	37
professional and considered appropriate by the board, may	38
administer to a student a drug prescribed for the student. Except	39
as otherwise provided by federal law, the board's policy may	40
provide that certain drugs or types of drugs shall not be	41
administered or that no employee shall use certain procedures,	42
such as injection, to administer a drug to a student.	43

(C) No drug prescribed for a student shall be administered	44
pursuant to federal law or a policy adopted under division (B) of	45
this section until the following occur:	46

(1) The board, or a person designated by the board, receives	47
a written request, signed by the parent, guardian, or other person	48
having care or charge of the student, that the drug be	49
administered to the student.	50

(2) The board, or a person designated by the board, receives	51
a statement, signed by the prescriber, that includes all of the	52
following information:	53

(a) The name and address of the student;

(b) The school and class in which the student is enrolled;

(d) The times or intervals at which each dosage of the drug	57
is to be administered;	58

(e) The date the administration of the drug is to begin;

(f) The date the administration of the drug is to cease;

(g) Any severe adverse reactions that should be reported to	61
the prescriber and one or more phone numbers at which the	62
prescriber can be reached in an emergency;	63

(h) Special instructions for administration of the drug,	64
including sterile conditions and storage.	65

(3) The parent, guardian, or other person having care or	66
charge of the student agrees to submit a revised statement signed	67
by the prescriber to the board or a person designated by the board	68
if any of the information provided by the prescriber pursuant to	69
division (C)(2) of this section changes.	70

(4) The person authorized by the board to administer the drug	71
receives a copy of the statement required by division (C)(2) or	72
(3) of this section.	73

(5) The drug is received by the person authorized to	74
administer the drug to the student for whom the drug is prescribed	75
in the container in which it was dispensed by the prescriber or a	76
licensed pharmacist.	77

(6) Any other procedures required by the board are followed.

(D) If a drug is administered to a student, the board of	79
education shall acquire and retain copies of the written requests	80
required by division (C)(1) and the statements required by	81
divisions (C)(2) and (3) of this section and shall ensure that by	82
the next school day following the receipt of any such statement a	83
copy is given to the person authorized to administer drugs to the	84
student for whom the statement has been received. The board, or a	85
person designated by the board, shall establish a location in each	86
school building for the storage of drugs to be administered under	87
this section and federal law. All such drugs shall be stored in	88
that location in a locked storage place, except that drugs that	89
require refrigeration may be kept in a refrigerator in a place not	90
commonly used by students.	91

(E) No person who has been authorized by a board of education	92
to administer a drug and has a copy of the most recent statement	93
required by division (C)(2) or (3) of this section given to the	94
person in accordance with division (D) of this section prior to	95
administering the drug is liable in civil damages for	96
administering or failing to administer the drug, unless such	97
person acts in a manner that constitutes gross negligence or	98
wanton or reckless misconduct.	99

(F) A board of education may designate a person or persons to	100
perform any function or functions in connection with a drug policy	101
adopted under this section either by name or by position,	102
training, qualifications, or similar distinguishing factors.	103

(G) A policy adopted by a board of education pursuant to this	104
section may be changed, modified, or revised by action of the	105
board.	106

(H) Nothing in this section shall be construed to require a	107
person employed by a board of education to administer a drug to a	108
student unless the board's policy adopted in compliance with this	109
section establishes such a requirement. A board shall not require	110
an employee to administer a drug to a student if the employee	111
objects, on the basis of religious convictions, to administering	112
the drug.	113

Nothing in this section affects the application of section	114
2305.23, 2305.231, or 3313.712, or 3313.7110 of the Revised Code	115
to the administration of emergency care or treatment to a student.	116

Nothing in this section affects the ability of a public or	117
nonpublic school to participate in a school-based fluoride mouth	118
rinse program established by the director of health pursuant to	119
section 3701.136 of the Revised Code. Nothing in this section	120
affects the ability of a person who is employed by, or who	121
volunteers for, a school that participates in such a program to	122
administer fluoride mouth rinse to a student in accordance with	123
section 3701.136 of the Revised Code and any rules adopted by the	124
director under that section.	125

Sec. 3313.718. (A) As used in this section, "prescriber" has	126
the same meaning as in section 4729.01 of the Revised Code.	127

(B) Notwithstanding section 3313.713 of the Revised Code or	128
any policy adopted under that section, a student of a school	129
operated by a city, local, exempted village, or joint vocational	130
school district or a student of a chartered nonpublic school may	131
possess and use an epinephrine autoinjector to treat anaphylaxis,	132
if all of the following conditions are satisfied:	133

(1) The student has the written approval of the prescriber of	134
the autoinjector and, if the student is a minor, the written	135
approval of the parent, guardian, or other person having care or	136
charge of the student. The prescriber's written approval shall	137
include at least all of the following information:	138

(a) The student's name and address;

139

(b) The names and dose of the medication contained in the	140
autoinjector;	141

(c) The date the administration of the medication is to	142
begin;	143

(d) The date, if known, that the administration of the	144
medication is to cease;	145

(e) Acknowledgment that the prescriber has determined that	146
the student is capable of possessing and using the autoinjector	147
appropriately and has provided the student with training in the	148
proper use of the autoinjector;	149

(f) Circumstances in which the autoinjector should be used;

150

(g) Written instructions that outline procedures school	151
employees should follow in the event that the student is unable to	152
administer the anaphylaxis medication or the medication does not	153
produce the expected relief from the student's anaphylaxis;	154

(h) Any severe adverse reactions that may occur to the child	155
using the autoinjector that should be reported to the prescriber;	156

(i) Any severe adverse reactions that may occur to another	157
child, for whom the autoinjector is not prescribed, should such a	158
child receive a dose of the medication;	159

(j) At least one emergency telephone number for contacting	160
the prescriber in an emergency;	161

(k) At least one emergency telephone number for contacting	162
the parent, guardian, or other person having care or charge of the	163
student in an emergency;	164

(l) Any other special instructions from the prescriber.

165

(2) The school principal and, if a school nurse is assigned	166
to the student's school building, the school nurse has received	167
copies of the written approvals required by division (B)(1) of	168
this section.	169

(3) The school principal or, if a school nurse is assigned to	170
the student's school building, the school nurse has received a	171
backup dose of the anaphylaxis medication from the parent,	172
guardian, or other person having care or charge of the student or,	173
if the student is not a minor, from the student.	174

If these conditions are satisfied, the student may possess	175
and use the autoinjector at school or at any activity, event, or	176
program sponsored by or in which the student's school is a	177
participant.	178

(C) Whenever a student uses an autoinjector at school or at	179
any activity, event, or program sponsored by or in which the	180
student's school is a participant or whenever a school employee	181
administers anaphylaxis medication to a student ~~at such times~~that	182
was possessed by the student pursuant to the written approvals	183
described in division (B)(1) of this section, a school employee	184
shall immediately request assistance from an emergency medical	185
service provider.	186

(D)(1) A school district, member of a school district board	187
of education, or school district employee is not liable in damages	188
in a civil action for injury, death, or loss to person or property	189
allegedly arising from a district employee's prohibiting a student	190
from using an autoinjector because of the employee's good faith	191
belief that the conditions of division (B) of this section had not	192
been satisfied. A school district, member of a school district	193
board of education, or school district employee is not liable in	194
damages in a civil action for injury, death, or loss to person or	195
property allegedly arising from a district employee's permitting a	196
student to use an autoinjector because of the employee's good	197
faith belief that the conditions of division (B) of this section	198
had been satisfied. Furthermore, when a school district is	199
required by this section to permit a student to possess and use an	200
autoinjector because the conditions of division (B) of this	201
section have been satisfied, the school district, any member of	202
the school district board of education, or any school district	203
employee is not liable in damages in a civil action for injury,	204
death, or loss to person or property allegedly arising from the	205
use of the autoinjector by a student for whom it was not	206
prescribed.	207

This section does not eliminate, limit, or reduce any other	208
immunity or defense that a school district, member of a school	209
district board of education, or school district employee may be	210
entitled to under Chapter 2744. or any other provision of the	211
Revised Code or under the common law of this state.	212

(2) A chartered nonpublic school or any officer, director, or	213
employee of the school is not liable in damages in a civil action	214
for injury, death, or loss to person or property allegedly arising	215
from a school employee's prohibiting a student from using an	216
autoinjector because of the employee's good faith belief that the	217
conditions of division (B) of this section had not been satisfied.	218
A chartered nonpublic school or any officer, director, or employee	219
of the school is not liable in damages in a civil action for	220
injury, death, or loss to person or property allegedly arising	221
from a school employee's permitting a student to use an	222
autoinjector because of the employee's good faith belief that the	223
conditions of division (B) of this section had been satisfied.	224
Furthermore, when a chartered nonpublic school is required by this	225
section to permit a student to possess and use an autoinjector	226
because the conditions of division (B) of this section have been	227
satisfied, the chartered nonpublic school or any officer,	228
director, or employee of the school is not liable in damages in a	229
civil action for injury, death, or loss to person or property	230
allegedly arising from the use of the autoinjector by a student	231
for whom it was not prescribed.	232

Sec. 3313.7110. (A) The board of education of each city,	233
local, exempted village, or joint vocational school district may	234
procure epinephrine autoinjectors for each school operated by the	235
district to have on the school premises for use in emergency	236
situations identified under division (C)(5) of this section. Each	237
district board that elects to procure epinephrine autoinjectors	238
under this section is encouraged to maintain at least two	239
epinephrine injectors at all times.	240

(B) Each district board that elects to procure epinephrine	241
autoinjectors under this section shall adopt a policy governing	242
their maintenance and use. Before adopting a policy, the board	243
shall consult with a licensed health professional authorized to	244
prescribe drugs, as defined in section 4729.01 of the Revised	245
Code.	246

(C) A component of the policy required by division (B) of	247
this section shall be a prescriber-issued protocol, approved by	248
the state board of pharmacy, specifying definitive orders for	249
epinephrine autoinjectors and the dosages of epinephrine to be	250
administered through them. The policy also shall do all of the	251
following:	252

(1) Identify the one or more locations in each school	253
operated by the district in which an epinephrine autoinjector must	254
be stored;	255

(2) Specify the conditions under which an epinephrine	256
autoinjector must be stored, replaced, and disposed;	257

(3) Specify the individuals employed by the district board,	258
in addition to a school nurse licensed under section 3319.221 of	259
the Revised Code, who may access and use an epinephrine	260
autoinjector to provide a dosage of epinephrine to an individual	261
in an emergency situation identified under division (C)(5) of this	262
section;	263

(4) Specify any training that employees specified under	264
division (C)(3) of this section, other than a school nurse, must	265
complete before accessing or using an epinephrine autoinjector;	266

(5) Identify the emergency situations, including when an	267
individual exhibits signs and symptoms of anaphylaxis, in which a	268
school nurse or other employees specified under division (C)(3) of	269
this section may use an epinephrine autoinjector;	270

(6) Specify that assistance from an emergency medical service	271
provider must be requested immediately after an epinephrine	272
autoinjector is used;	273

(7) Specify the individuals, in addition to students, school	274
employees, and school visitors, who may receive a dosage of	275
epinephrine in an emergency situation specified under division	276
(C)(5) of this section.	277

(D) A school or school district, a member of a district board	278
of education, or a district or school employee is not liable in	279
damages in a civil action for injury, death, or loss to person or	280
property allegedly arising from the use of an epinephrine	281
autoinjector under this section.	282

This section does not eliminate, limit, or reduce any other	283
immunity or defense that a school or school district, member of a	284
district board of education, or district or school employee may be	285
entitled to under Chapter 2744. or any other provision of the	286
Revised Code or under the common law of this state.	287

(E) With the approval of the school district board of	288
education, the principal of an individual school building may	289
procure epinephrine autoinjectors in the manner prescribed under	290
this section. A school building principal that elects to procure	291
epinephrine autoinjectors under this section shall comply with all	292
provisions of divisions (A), (B), and (C) of this section.	293

(F) A school district board of education or school building	294
principal may accept donations of epinephrine autoinjectors from a	295
registered wholesale distributor of dangerous drugs or a	296
manufacturer of dangerous drugs, as defined in section 4729.01 of	297
the Revised Code, and may accept donations of money from any	298
person to purchase epinephrine autoinjectors.	299

(G)(1) A school district board of education that elects to	300
procure epinephrine autoinjectors under this section shall report	301
to the department of education each procurement and occurrence in	302
which an epinephrine autoinjector is used from a school's supply	303
of epinephrine autoinjectors.	304

(2) In the case of an individual school building operated by	305
a school district board of education that does not have a policy	306
requiring each school under its operation to procure epinephrine	307
autoinjectors, but the principal of that building has elected to	308
procure epinephrine autoinjectors pursuant to division (E) of this	309
section, that principal shall report to the department of	310
education each procurement and occurrence in which an epinephrine	311
autoinjector is used from the school's supply of epinephrine	312
autoinjectors.	313

Sec. 3314.143. (A) With the approval of its governing	314
authority, a community school established under this chapter may	315
procure epinephrine autoinjectors in the manner prescribed by	316
section 3313.7110 of the Revised Code. A community school that	317
elects to do so shall comply with all provisions of that section	318
as if it were a school district.	319

(B) A community school, a member of a community school	320
governing authority, or a community school employee is not liable	321
in damages in a civil action for injury, death, or loss to person	322
or property allegedly arising from the use of an epinephrine	323
autoinjector in the manner prescribed by section 3313.7110 of the	324
Revised Code.	325

This division does not eliminate, limit, or reduce any other	326
immunity or defense that a community school or governing	327
authority, member of a community school governing authority, or	328
community school employee may be entitled to under Chapter 2744.	329
or any other provision of the Revised Code or under the common law	330
of this state.	331

(C) A community school may accept donations of epinephrine	332
autoinjectors from a registered wholesale distributor of dangerous	333
drugs or a manufacturer of dangerous drugs, as defined in section	334
4729.01 of the Revised Code, and may accept donations of money	335
from any person to purchase epinephrine autoinjectors.	336

(D) A community school that elects to procure epinephrine	337
autoinjectors under this section shall report to the department of	338
education each procurement and occurrence in which an epinephrine	339
autoinjector is used from the school's supply of epinephrine	340
autoinjectors.	341

Sec. 3326.28. (A) With the approval of its governing body, a	342
STEM school established under this chapter may procure epinephrine	343
autoinjectors in the manner prescribed by section 3313.7110 of the	344
Revised Code. A STEM school that elects to do so shall comply with	345
all provisions of that section as if it were a school district.	346

(B) A STEM school, a member of a STEM school governing body,	347
or a STEM school employee is not liable in damages in a civil	348
action for injury, death, or loss to person or property allegedly	349
arising from the use of an epinephrine autoinjector in the manner	350
prescribed by section 3313.7110 of the Revised Code.	351

This division does not eliminate, limit, or reduce any other	352
immunity or defense that a STEM school or governing body, member	353
of a STEM school governing body, or STEM school employee may be	354
entitled to under Chapter 2744. or any other provision of the	355
Revised Code or under the common law of this state.	356

(C) A STEM school may accept donations of epinephrine	357
autoinjectors from a registered wholesale distributor of dangerous	358
drugs or a manufacturer of dangerous drugs, as defined in section	359
4729.01 of the Revised Code, and may accept donations of money	360
from any person to purchase epinephrine autoinjectors.	361

(D) A STEM school that elects to procure epinephrine	362
autoinjectors under this section shall report to the department of	363
education each procurement and occurrence in which an epinephrine	364
autoinjector is used from the school's supply of epinephrine	365
autoinjectors.	366

Sec. 3328.29. (A) With the approval of its board of trustees,	367
a college-preparatory boarding school established under this	368
chapter may procure epinephrine autoinjectors in the manner	369
prescribed by section 3313.7110 of the Revised Code. A	370
college-preparatory boarding school that elects to do so shall	371
comply with all provisions of that section as if it were a school	372
district.	373

(B) A college-preparatory boarding school, a member of a	374
college-preparatory boarding school board of trustees, or a	375
college-preparatory boarding school employee is not liable in	376
damages in a civil action for injury, death, or loss to person or	377
property allegedly arising from the use of an epinephrine	378
autoinjector in the manner prescribed by section 3313.7110 of the	379
Revised Code.	380

This division does not eliminate, limit, or reduce any other	381
immunity or defense that a college-preparatory boarding school or	382
board of trustees, member of a college-preparatory boarding school	383
board of trustees, or college-preparatory boarding school employee	384
may be entitled to under Chapter 2744. or any other provision of	385
the Revised Code or under the common law of this state.	386

(C) A college-preparatory boarding school may accept	387
donations of epinephrine autoinjectors from a registered wholesale	388
distributor of dangerous drugs or a manufacturer of dangerous	389
drugs, as defined in section 4729.01 of the Revised Code, and may	390
accept donations of money from any person to purchase epinephrine	391
autoinjectors.	392

(D) A college-preparatory boarding school that elects to	393
procure epinephrine autoinjectors under this section shall report	394
to the department of education each procurement and occurrence in	395
which an epinephrine autoinjector is used from a school's supply	396
of epinephrine autoinjectors.	397

Sec. 4729.51. (A) No(1) Except as provided in division	398
(A)(2) of this section, no person other than a registered	399
wholesale distributor of dangerous drugs shall possess for sale,	400
sell, distribute, or deliver, at wholesale, dangerous drugs,	401
except as follows:	402

~~(1)~~(a) A pharmacist who is a licensed terminal distributor of	403
dangerous drugs or who is employed by a licensed terminal	404
distributor of dangerous drugs may make occasional sales of	405
dangerous drugs at wholesale;	406

~~(2)~~(b) A licensed terminal distributor of dangerous drugs	407
having more than one establishment or place may transfer or	408
deliver dangerous drugs from one establishment or place for which	409
a license has been issued to the terminal distributor to another	410
establishment or place for which a license has been issued to the	411
terminal distributor if the license issued for each establishment	412
or place is in effect at the time of the transfer or delivery.	413

(2) A manufacturer of dangerous drugs may donate epinephrine	414
autoinjectors to any of the following:	415

(a) The board of education of a city, local, exempted	416
village, or joint vocational school district;	417

(b) The principal of a school building operated by a school	418
district board of education, with the approval of that board;	419

(c) A community school established under Chapter 3314. of the	420
Revised Code;	421

(d) A STEM school established under Chapter 3326. of the	422
Revised Code;	423

(e) A college-preparatory boarding school established under	424
Chapter 3328. of the Revised Code.	425

(B)(1) No registered wholesale distributor of dangerous drugs	426
shall possess for sale, or sell, at wholesale, dangerous drugs to	427
any person other than the following:	428

(a) Except as provided in division (B)(2)(a) of this section,	429
a licensed health professional authorized to prescribe drugs;	430

(b) An optometrist licensed under Chapter 4725. of the	431
Revised Code who holds a topical ocular pharmaceutical agents	432
certificate;	433

434

(d) A manufacturer of dangerous drugs;

435

(e) Subject to division (B)(3) of this section, a licensed	436
terminal distributor of dangerous drugs;	437

(f) Carriers or warehouses for the purpose of carriage or	438
storage;	439

(g) Terminal or wholesale distributors of dangerous drugs who	440
are not engaged in the sale of dangerous drugs within this state;	441

(h) An individual who holds a current license, certificate,	442
or registration issued under Title 47XLVII of the Revised Code	443
and has been certified to conduct diabetes education by a national	444
certifying body specified in rules adopted by the state board of	445
pharmacy under section 4729.68 of the Revised Code, but only with	446
respect to insulin that will be used for the purpose of diabetes	447
education and only if diabetes education is within the	448
individual's scope of practice under statutes and rules regulating	449
the individual's profession;	450

(i) An individual who holds a valid certificate issued by a	451
nationally recognized S.C.U.B.A. diving certifying organization	452
approved by the state board of pharmacy in rule, but only with	453
respect to medical oxygen that will be used for the purpose of	454
emergency care or treatment at the scene of a diving emergency;	455

(j) Except as provided in division (B)(2)(b) of this section,	456
a business entity that is a corporation formed under division (B)	457
of section 1701.03 of the Revised Code, a limited liability	458
company formed under Chapter 1705. of the Revised Code, or a	459
professional association formed under Chapter 1785. of the Revised	460
Code if the entity has a sole shareholder who is a licensed health	461
professional authorized to prescribe drugs and is authorized to	462
provide the professional services being offered by the entity;	463

(k) Except as provided in division (B)(2)(c) of this section,	464
a business entity that is a corporation formed under division (B)	465
of section 1701.03 of the Revised Code, a limited liability	466
company formed under Chapter 1705. of the Revised Code, a	467
partnership or a limited liability partnership formed under	468
Chapter 1775. of the Revised Code, or a professional association	469
formed under Chapter 1785. of the Revised Code, if, to be a	470
shareholder, member, or partner, an individual is required to be	471
licensed, certified, or otherwise legally authorized under Title	472
XLVII of the Revised Code to perform the professional service	473
provided by the entity and each such individual is a licensed	474
health professional authorized to prescribe drugs;	475

(l) The board of education of a city, local, exempted	476
village, or joint vocational school district, a school building	477
operated by a school district board of education, a community	478
school established under Chapter 3314. of the Revised Code, a STEM	479
school established under Chapter 3326. of the Revised Code, or a	480
college-preparatory boarding school established under Chapter	481
3328. of the Revised Code, but only with respect to epinephrine	482
autoinjectors that may be possessed under section 3313.7110 of the	483
Revised Code.	484

(2) No registered wholesale distributor of dangerous drugs	485
shall possess for sale, or sell, at wholesale, dangerous drugs to	486
any of the following:	487

(a) A prescriber who is employed by a pain management clinic	488
that is not licensed as a terminal distributor of dangerous drugs	489
with a pain management clinic classification issued under section	490
4729.552 of the Revised Code;	491

(b) A business entity described in division (B)(1)(j) of this	492
section that is, or is operating, a pain management clinic without	493
a license as a terminal distributor of dangerous drugs with a pain	494
management clinic classification issued under section 4729.552 of	495
the Revised Code;	496

(c) A business entity described in division (B)(1)(k) of this	497
section that is, or is operating, a pain management clinic without	498
a license as a terminal distributor of dangerous drugs with a pain	499
management clinic classification issued under section 4729.552 of	500
the Revised Code.	501

(3) No registered wholesale distributor of dangerous drugs	502
shall possess dangerous drugs for sale at wholesale, or sell such	503
drugs at wholesale, to a licensed terminal distributor of	504
dangerous drugs, except as follows:	505

(a) In the case of a terminal distributor with a category I	506
license, only dangerous drugs described in category I, as defined	507
in division (A)(1) of section 4729.54 of the Revised Code;	508

(b) In the case of a terminal distributor with a category II	509
license, only dangerous drugs described in category I and category	510
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	511
the Revised Code;	512

(c) In the case of a terminal distributor with a category III	513
license, dangerous drugs described in category I, category II, and	514
category III, as defined in divisions (A)(1), (2), and (3) of	515
section 4729.54 of the Revised Code;	516

(d) In the case of a terminal distributor with a limited	517
category I, II, or III license, only the dangerous drugs specified	518
in the certificate furnished by the terminal distributor in	519
accordance with section 4729.60 of the Revised Code.	520

(C)(1) Except as provided in division (C)(4) of this section,	521
no person shall sell, at retail, dangerous drugs.	522

(2) Except as provided in division (C)(4) of this section, no	523
person shall possess for sale, at retail, dangerous drugs.	524

(3) Except as provided in division (C)(4) of this section, no	525
person shall possess dangerous drugs.	526

(4) Divisions (C)(1), (2), and (3) of this section do not	527
apply to a registered wholesale distributor of dangerous drugs, a	528
licensed terminal distributor of dangerous drugs, or a person who	529
possesses, or possesses for sale or sells, at retail, a dangerous	530
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	531
4729., 4730., 4731., and 4741. of the Revised Code.	532

Divisions (C)(1), (2), and (3) of this section do not apply	533
to an individual who holds a current license, certificate, or	534
registration issued under Title XLVII of the Revised Code and has	535
been certified to conduct diabetes education by a national	536
certifying body specified in rules adopted by the state board of	537
pharmacy under section 4729.68 of the Revised Code, but only to	538
the extent that the individual possesses insulin or personally	539
supplies insulin solely for the purpose of diabetes education and	540
only if diabetes education is within the individual's scope of	541
practice under statutes and rules regulating the individual's	542
profession.	543

Divisions (C)(1), (2), and (3) of this section do not apply	544
to an individual who holds a valid certificate issued by a	545
nationally recognized S.C.U.B.A. diving certifying organization	546
approved by the state board of pharmacy in rule, but only to the	547
extent that the individual possesses medical oxygen or personally	548
supplies medical oxygen for the purpose of emergency care or	549
treatment at the scene of a diving emergency.	550

Division (C)(3) of this section does not apply to the board	551
of education of a city, local, exempted village, or joint	552
vocational school district, a school building operated by a school	553
district board of education, a community school, a STEM school, or	554
a college-preparatory boarding school for the purpose of	555
possessing epinephrine autoinjectors under section 3313.7110 of	556
the Revised Code.	557

(D) No licensed terminal distributor of dangerous drugs shall	558
purchase for the purpose of resale dangerous drugs from any person	559
other than a registered wholesale distributor of dangerous drugs,	560
except as follows:	561

(1) A licensed terminal distributor of dangerous drugs may	562
make occasional purchases of dangerous drugs for resale from a	563
pharmacist who is a licensed terminal distributor of dangerous	564
drugs or who is employed by a licensed terminal distributor of	565
dangerous drugs;	566

(2) A licensed terminal distributor of dangerous drugs having	567
more than one establishment or place may transfer or receive	568
dangerous drugs from one establishment or place for which a	569
license has been issued to the terminal distributor to another	570
establishment or place for which a license has been issued to the	571
terminal distributor if the license issued for each establishment	572
or place is in effect at the time of the transfer or receipt.	573

(E) No licensed terminal distributor of dangerous drugs shall	574
engage in the sale or other distribution of dangerous drugs at	575
retail or maintain possession, custody, or control of dangerous	576
drugs for any purpose other than the distributor's personal use or	577
consumption, at any establishment or place other than that or	578
those described in the license issued by the state board of	579
pharmacy to such terminal distributor.	580

(F) Nothing in this section shall be construed to interfere	581
with the performance of official duties by any law enforcement	582
official authorized by municipal, county, state, or federal law to	583
collect samples of any drug, regardless of its nature or in whose	584
possession it may be.	585

Sec. 4729.60. (A) Before a registered wholesale distributor	586
of dangerous drugs may sell dangerous drugs at wholesale to any	587
person, other than the persons specified in divisions (B)(1)(a) to	588
(d) ~~and (B)(1)~~,(f) to (h), and (l) of section 4729.51 of the	589
Revised Code, such wholesale distributor shall obtain from the	590
purchaser and the purchaser shall furnish to the wholesale	591
distributor a certificate indicating that the purchaser is a	592
licensed terminal distributor of dangerous drugs. The certificate	593
shall be in the form that the state board of pharmacy shall	594
prescribe, and shall set forth the name of the licensee, the	595
number of the license, a description of the place or establishment	596
or each place or establishment for which the license was issued,	597
the category of licensure, and, if the license is a limited	598
category I, II, or III license, the dangerous drugs that the	599
licensee is authorized to possess, have custody or control of, and	600
distribute.	601

If no certificate is obtained or furnished before a sale is	602
made, it shall be presumed that the sale of dangerous drugs by the	603
wholesale distributor is in violation of division (B) of section	604
4729.51 of the Revised Code and the purchase of dangerous drugs by	605
the purchaser is in violation of division (C) of section 4729.51	606
of the Revised Code. If a registered wholesale distributor of	607
dangerous drugs obtains or is furnished a certificate from a	608
terminal distributor of dangerous drugs and relies on the	609
certificate in selling dangerous drugs at wholesale to the	610
terminal distributor of dangerous drugs, the wholesale distributor	611
of dangerous drugs shall be deemed not to have violated division	612
(B) of section 4729.51 of the Revised Code in making the sale.	613

(B) Before a licensed terminal distributor of dangerous drugs	614
may purchase dangerous drugs at wholesale, the terminal	615
distributor shall obtain from the seller and the seller shall	616
furnish to the terminal distributor the number of the seller's	617
registration certificate to engage in the sale of dangerous drugs	618
at wholesale.	619

If no registration number is obtained or furnished before a	620
purchase is made, it shall be presumed that the purchase of	621
dangerous drugs by the terminal distributor is in violation of	622
division (D) of section 4729.51 of the Revised Code and the sale	623
of dangerous drugs by the seller is in violation of division (A)	624
of section 4729.51 of the Revised Code. If a licensed terminal	625
distributor of dangerous drugs obtains or is furnished a	626
registration number from a wholesale distributor of dangerous	627
drugs and relies on the registration number in purchasing	628
dangerous drugs at wholesale from the wholesale distributor of	629
dangerous drugs, the terminal distributor shall be deemed not to	630
have violated division (D) of section 4729.51 of the Revised Code	631
in making the purchase.	632

Section 2. That existing sections 3313.713, 3313.718,	633
4729.51, and 4729.60 of the Revised Code are hereby repealed.	634