Sub. H. B. No. 296 As Reported by the Senate Medicaid, Health and Human Services Committee

As Reported by the Senate Medicaid, Health and Human Services Committee

130th General Assembly

Regular Session

2013-2014

Sub. 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, Brenner, Fedor, Bishoff, Driehaus, Adams, R., Anielski, Ashford, Baker, Barnes, Boose, Boyce, Brown, Budish, Carney, Celebrezze, Curtin, DeVitis, Dovilla, Foley, Gerberry, Green, Hall, Hayes, Heard, Henne, Hottinger, Kunze, Landis, Lynch, Maag, Mallory, McClain, O'Brien, Patmon, Patterson, Pillich, Ramos, Reece, Retherford, Rogers, Ruhl, Schuring, Sheehy, Slaby, Slesnick, Strahorn, Thompson, Winburn, Young Speaker Batchelder
Senator Brown

A BILL

To amend sections 3313.713, 3313.718, 4729.51, and

4729.60 and to enact sections 3313.7110,

3313.7111, 3314.143, 3326.28, 3328.29, and 5101.76

of the Revised Code to permit schools and camps to

procure and use epinephrine autoinjectors in

accordance with prescribed policies, to exempt

them from licensing requirements related to the

possession of epinephrine autoinjectors, and to

declare an emergency.

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

Section 1. That sections 3313.713, 3313.718, 4729.51, and	10
4729.60 be amended and sections 3313.7110, 3313.7111, 3314.143,	11
3326.28, 3328.29, and 5101.76 of the Revised Code be enacted to	12
read as follows:	13

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

(1) "Drug" means a drug, as defined in section 4729.01 of the	15
Revised Code, that is to be administered pursuant to the	16
instructions of the prescriber, whether or not required by law to	17
be sold only upon a prescription.	18

(2) "Federal law" means the "Individuals with Disabilities	19
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	20

(3) "Prescriber" has the same meaning as in section 4729.01	21
of the Revised Code.	22

(B) The board of education of each city, local, exempted	23
village, and joint vocational school district shall~~, not later~~	24
~~than one hundred twenty days after September 20, 1984,~~ adopt a	25
policy on the authority of its employees, when acting in	26
situations other than those governed by sections 2305.23,	27
2305.231, ~~and~~ 3313.712, and 3313.7110 of the Revised Code, to	28
administer drugs prescribed to students enrolled in the schools of	29
the district. The policy shall provide either that:	30

(1) Except as otherwise required by federal law, no person	31
employed by the board shall, in the course of such employment,	32
administer any drug prescribed to any student enrolled in the	33
schools of the district.	34

(2) Designated persons employed by the board are authorized	35
to administer to a student a drug prescribed for the student.	36
Effective July 1, 2011, only employees of the board who are	37
licensed health professionals, or who have completed a drug	38
administration training program conducted by a licensed health	39
professional and considered appropriate by the board, may	40
administer to a student a drug prescribed for the student. Except	41
as otherwise provided by federal law, the board's policy may	42
provide that certain drugs or types of drugs shall not be	43
administered or that no employee shall use certain procedures,	44
such as injection, to administer a drug to a student.	45

(C) No drug prescribed for a student shall be administered	46
pursuant to federal law or a policy adopted under division (B) of	47
this section until the following occur:	48

(1) The board, or a person designated by the board, receives	49
a written request, signed by the parent, guardian, or other person	50
having care or charge of the student, that the drug be	51
administered to the student.	52

(2) The board, or a person designated by the board, receives	53
a statement, signed by the prescriber, that includes all of the	54
following information:	55

(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	59
is to be administered;	60

(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	63
the prescriber and one or more phone numbers at which the	64
prescriber can be reached in an emergency;	65

(h) Special instructions for administration of the drug,	66
including sterile conditions and storage.	67

(3) The parent, guardian, or other person having care or	68
charge of the student agrees to submit a revised statement signed	69
by the prescriber to the board or a person designated by the board	70
if any of the information provided by the prescriber pursuant to	71
division (C)(2) of this section changes.	72

(4) The person authorized by the board to administer the drug	73
receives a copy of the statement required by division (C)(2) or	74
(3) of this section.	75

(5) The drug is received by the person authorized to	76
administer the drug to the student for whom the drug is prescribed	77
in the container in which it was dispensed by the prescriber or a	78
licensed pharmacist.	79

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

(D) If a drug is administered to a student, the board of	81
education shall acquire and retain copies of the written requests	82
required by division (C)(1) and the statements required by	83
divisions (C)(2) and (3) of this section and shall ensure that by	84
the next school day following the receipt of any such statement a	85
copy is given to the person authorized to administer drugs to the	86
student for whom the statement has been received. The board, or a	87
person designated by the board, shall establish a location in each	88
school building for the storage of drugs to be administered under	89
this section and federal law. All such drugs shall be stored in	90
that location in a locked storage place, except that drugs that	91
require refrigeration may be kept in a refrigerator in a place not	92
commonly used by students.	93

(E) No person who has been authorized by a board of education	94
to administer a drug and has a copy of the most recent statement	95
required by division (C)(2) or (3) of this section given to the	96
person in accordance with division (D) of this section prior to	97
administering the drug is liable in civil damages for	98
administering or failing to administer the drug, unless such	99
person acts in a manner that constitutes gross negligence or	100
wanton or reckless misconduct.	101

(F) A board of education may designate a person or persons to	102
perform any function or functions in connection with a drug policy	103
adopted under this section either by name or by position,	104
training, qualifications, or similar distinguishing factors.	105

(G) A policy adopted by a board of education pursuant to this	106
section may be changed, modified, or revised by action of the	107
board.	108

(H) Nothing in this section shall be construed to require a	109
person employed by a board of education to administer a drug to a	110
student unless the board's policy adopted in compliance with this	111
section establishes such a requirement. A board shall not require	112
an employee to administer a drug to a student if the employee	113
objects, on the basis of religious convictions, to administering	114
the drug.	115

Nothing in this section affects the application of section	116
2305.23, 2305.231, or 3313.712, or 3313.7110 of the Revised Code	117
to the administration of emergency care or treatment to a student.	118

Nothing in this section affects the ability of a public or	119
nonpublic school to participate in a school-based fluoride mouth	120
rinse program established by the director of health pursuant to	121
section 3701.136 of the Revised Code. Nothing in this section	122
affects the ability of a person who is employed by, or who	123
volunteers for, a school that participates in such a program to	124
administer fluoride mouth rinse to a student in accordance with	125
section 3701.136 of the Revised Code and any rules adopted by the	126
director under that section.	127

Sec. 3313.718. (A) As used in this section, "prescriber" has	128
the same meaning as in section 4729.01 of the Revised Code.	129

(B) Notwithstanding section 3313.713 of the Revised Code or	130
any policy adopted under that section, a student of a school	131
operated by a city, local, exempted village, or joint vocational	132
school district or a student of a chartered nonpublic school may	133
possess and use an epinephrine autoinjector to treat anaphylaxis,	134
if all of the following conditions are satisfied:	135

(1) The student has the written approval of the prescriber of	136
the autoinjector and, if the student is a minor, the written	137
approval of the parent, guardian, or other person having care or	138
charge of the student. The prescriber's written approval shall	139
include at least all of the following information:	140

(a) The student's name and address;

141

(b) The names and dose of the medication contained in the	142
autoinjector;	143

(c) The date the administration of the medication is to	144
begin;	145

(d) The date, if known, that the administration of the	146
medication is to cease;	147

(e) Acknowledgment that the prescriber has determined that	148
the student is capable of possessing and using the autoinjector	149
appropriately and has provided the student with training in the	150
proper use of the autoinjector;	151

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

152

(g) Written instructions that outline procedures school	153
employees should follow in the event that the student is unable to	154
administer the anaphylaxis medication or the medication does not	155
produce the expected relief from the student's anaphylaxis;	156

(h) Any severe adverse reactions that may occur to the child	157
using the autoinjector that should be reported to the prescriber;	158

(i) Any severe adverse reactions that may occur to another	159
child, for whom the autoinjector is not prescribed, should such a	160
child receive a dose of the medication;	161

(j) At least one emergency telephone number for contacting	162
the prescriber in an emergency;	163

(k) At least one emergency telephone number for contacting	164
the parent, guardian, or other person having care or charge of the	165
student in an emergency;	166

(l) Any other special instructions from the prescriber.

167

(2) The school principal and, if a school nurse is assigned	168
to the student's school building, the school nurse has received	169
copies of the written approvals required by division (B)(1) of	170
this section.	171

(3) The school principal or, if a school nurse is assigned to	172
the student's school building, the school nurse has received a	173
backup dose of the anaphylaxis medication from the parent,	174
guardian, or other person having care or charge of the student or,	175
if the student is not a minor, from the student.	176

If these conditions are satisfied, the student may possess	177
and use the autoinjector at school or at any activity, event, or	178
program sponsored by or in which the student's school is a	179
participant.	180

(C) Whenever a student uses an autoinjector at school or at	181
any activity, event, or program sponsored by or in which the	182
student's school is a participant or whenever a school employee	183
administers anaphylaxis medication to a student ~~at such times~~that	184
was possessed by the student pursuant to the written approvals	185
described in division (B)(1) of this section, a school employee	186
shall immediately request assistance from an emergency medical	187
service provider.	188

(D)(1) A school district, member of a school district board	189
of education, or school district employee is not liable in damages	190
in a civil action for injury, death, or loss to person or property	191
allegedly arising from a district employee's prohibiting a student	192
from using an autoinjector because of the employee's good faith	193
belief that the conditions of division (B) of this section had not	194
been satisfied. A school district, member of a school district	195
board of education, or school district employee is not liable in	196
damages in a civil action for injury, death, or loss to person or	197
property allegedly arising from a district employee's permitting a	198
student to use an autoinjector because of the employee's good	199
faith belief that the conditions of division (B) of this section	200
had been satisfied. Furthermore, when a school district is	201
required by this section to permit a student to possess and use an	202
autoinjector because the conditions of division (B) of this	203
section have been satisfied, the school district, any member of	204
the school district board of education, or any school district	205
employee is not liable in damages in a civil action for injury,	206
death, or loss to person or property allegedly arising from the	207
use of the autoinjector by a student for whom it was not	208
prescribed.	209

This section does not eliminate, limit, or reduce any other	210
immunity or defense that a school district, member of a school	211
district board of education, or school district employee may be	212
entitled to under Chapter 2744. or any other provision of the	213
Revised Code or under the common law of this state.	214

(2) A chartered nonpublic school or any officer, director, or	215
employee of the school is not liable in damages in a civil action	216
for injury, death, or loss to person or property allegedly arising	217
from a school employee's prohibiting a student from using an	218
autoinjector because of the employee's good faith belief that the	219
conditions of division (B) of this section had not been satisfied.	220
A chartered nonpublic school or any officer, director, or employee	221
of the school is not liable in damages in a civil action for	222
injury, death, or loss to person or property allegedly arising	223
from a school employee's permitting a student to use an	224
autoinjector because of the employee's good faith belief that the	225
conditions of division (B) of this section had been satisfied.	226
Furthermore, when a chartered nonpublic school is required by this	227
section to permit a student to possess and use an autoinjector	228
because the conditions of division (B) of this section have been	229
satisfied, the chartered nonpublic school or any officer,	230
director, or employee of the school is not liable in damages in a	231
civil action for injury, death, or loss to person or property	232
allegedly arising from the use of the autoinjector by a student	233
for whom it was not prescribed.	234

Sec. 3313.7110. (A) The board of education of each city,	235
local, exempted village, or joint vocational school district may	236
procure epinephrine autoinjectors for each school operated by the	237
district to have on the school premises for use in emergency	238
situations identified under division (C)(5) of this section. A	239
district board that elects to procure epinephrine autoinjectors	240
under this section is encouraged to maintain, at all times, at	241
least two epinephrine injectors at each school operated by the	242
district.	243

(B) A district board that elects to procure epinephrine	244
autoinjectors under this section shall require the district's	245
superintendent to adopt a policy governing their maintenance and	246
use. Before adopting the policy, the superintendent shall consult	247
with a licensed health professional authorized to prescribe drugs,	248
as defined in section 4729.01 of the Revised Code.	249

(C) A component of a policy adopted by a superintendent under	250
division (B) of this section shall be a prescriber-issued protocol	251
specifying definitive orders for epinephrine autoinjectors and the	252
dosages of epinephrine to be administered through them. The policy	253
also shall do all of the following:	254

(1) Identify the one or more locations in each school	255
operated by the district in which an epinephrine autoinjector must	256
be stored;	257

(2) Specify the conditions under which an epinephrine	258
autoinjector must be stored, replaced, and disposed;	259

(3) Specify the individuals employed by or under contract	260
with the district board, in addition to a school nurse licensed	261
under section 3319.221 of the Revised Code or an athletic trainer	262
licensed under Chapter 4755. of the Revised Code, who may access	263
and use an epinephrine autoinjector to provide a dosage of	264
epinephrine to an individual in an emergency situation identified	265
under division (C)(5) of this section;	266

(4) Specify any training that employees or contractors	267
specified under division (C)(3) of this section, other than a	268
school nurse or athletic trainer, must complete before being	269
authorized to access and use an epinephrine autoinjector;	270

(5) Identify the emergency situations, including when an	271
individual exhibits signs and symptoms of anaphylaxis, in which a	272
school nurse, athletic trainer, or other employees or contractors	273
specified under division (C)(3) of this section may access and use	274
an epinephrine autoinjector;	275

(6) Specify that assistance from an emergency medical service	276
provider must be requested immediately after an epinephrine	277
autoinjector is used;	278

(7) Specify the individuals, in addition to students, school	279
employees or contractors, and school visitors, to whom a dosage of	280
epinephrine may be administered through an epinephrine	281
autoinjector in an emergency situation specified under division	282
(C)(5) of this section.	283

(D) A school or school district, a member of a district board	284
of education, or a district or school employee or contractor is	285
not liable in damages in a civil action for injury, death, or loss	286
to person or property that allegedly arises from an act or	287
omission associated with procuring, maintaining, accessing, or	288
using an epinephrine autoinjector under this section, unless the	289
act or omission constitutes willful or wanton misconduct.	290

This section does not eliminate, limit, or reduce any other	291
immunity or defense that a school or school district, member of a	292
district board of education, or district or school employee or	293
contractor may be entitled to under Chapter 2744. or any other	294
provision of the Revised Code or under the common law of this	295
state.	296

(E) A school district board of education may accept donations	297
of epinephrine autoinjectors from a wholesale distributor of	298
dangerous drugs or a manufacturer of dangerous drugs, as defined	299
in section 4729.01 of the Revised Code, and may accept donations	300
of money from any person to purchase epinephrine autoinjectors.	301

(F) A district board that elects to procure epinephrine	302
autoinjectors under this section shall report to the department of	303
education each procurement and occurrence in which an epinephrine	304
autoinjector is used from a school's supply of epinephrine	305
autoinjectors.	306

Sec. 3313.7111. (A) With the approval of its governing	307
authority, a chartered or nonchartered nonpublic school may	308
procure epinephrine autoinjectors in the manner prescribed by	309
section 3313.7110 of the Revised Code. A chartered or nonchartered	310
nonpublic school that elects to do so shall comply with all	311
provisions of that section as if it were a school district.	312

(B) A chartered or nonchartered nonpublic school, a member of	313
a chartered or nonchartered nonpublic school governing authority,	314
or an employee or contractor of the school is not liable in	315
damages in a civil action for injury, death, or loss to person or	316
property that allegedly arises from an act or omission associated	317
with procuring, maintaining, accessing, or using an epinephrine	318
autoinjector under this section, unless the act or omission	319
constitutes willful or wanton misconduct.	320

(C) A chartered or nonchartered nonpublic school may accept	321
donations of epinephrine autoinjectors from a wholesale	322
distributor of dangerous drugs or a manufacturer of dangerous	323
drugs, as defined in section 4729.01 of the Revised Code, and may	324
accept donations of money from any person to purchase epinephrine	325
autoinjectors.	326

(D) A chartered or nonchartered nonpublic school that elects	327
to procure epinephrine autoinjectors under this section shall	328
report to the department of education each procurement and	329
occurrence in which an epinephrine autoinjector is used from the	330
school's supply of epinephrine autoinjectors.	331

Sec. 3314.143. (A) With the approval of its governing	332
authority, a community school established under this chapter may	333
procure epinephrine autoinjectors in the manner prescribed by	334
section 3313.7110 of the Revised Code. A community school that	335
elects to do so shall comply with all provisions of that section	336
as if it were a school district.	337

(B) A community school, a member of a community school	338
governing authority, or a community school employee or contractor	339
is not liable in damages in a civil action for injury, death, or	340
loss to person or property that allegedly arises from an act or	341
omission associated with procuring, maintaining, accessing, or	342
using an epinephrine autoinjector under this section, unless the	343
act or omission constitutes willful or wanton misconduct.	344

This division does not eliminate, limit, or reduce any other	345
immunity or defense that a community school or governing	346
authority, member of a community school governing authority, or	347
community school employee or contractor may be entitled to under	348
Chapter 2744. or any other provision of the Revised Code or under	349
the common law of this state.	350

(C) A community school may accept donations of epinephrine	351
autoinjectors from a wholesale distributor of dangerous drugs or a	352
manufacturer of dangerous drugs, as defined in section 4729.01 of	353
the Revised Code, and may accept donations of money from any	354
person to purchase epinephrine autoinjectors.	355

(D) A community school that elects to procure epinephrine	356
autoinjectors under this section shall report to the department of	357
education each procurement and occurrence in which an epinephrine	358
autoinjector is used from the school's supply of epinephrine	359
autoinjectors.	360

Sec. 3326.28. (A) With the approval of its governing body, a	361
STEM school established under this chapter may procure epinephrine	362
autoinjectors in the manner prescribed by section 3313.7110 of the	363
Revised Code. A STEM school that elects to do so shall comply with	364
all provisions of that section as if it were a school district.	365

(B) A STEM school, a member of a STEM school governing body,	366
or a STEM school employee or contractor is not liable in damages	367
in a civil action for injury, death, or loss to person or property	368
that allegedly arises from an act or omission associated with	369
procuring, maintaining, accessing, or using an epinephrine	370
autoinjector under this section, unless the act or omission	371
constitutes willful or wanton misconduct.	372

This division does not eliminate, limit, or reduce any other	373
immunity or defense that a STEM school or governing body, member	374
of a STEM school governing body, or STEM school employee or	375
contractor may be entitled to under Chapter 2744. or any other	376
provision of the Revised Code or under the common law of this	377
state.	378

(C) A STEM school may accept donations of epinephrine	379
autoinjectors from a wholesale distributor of dangerous drugs or a	380
manufacturer of dangerous drugs, as defined in section 4729.01 of	381
the Revised Code, and may accept donations of money from any	382
person to purchase epinephrine autoinjectors.	383

(D) A STEM school that elects to procure epinephrine	384
autoinjectors under this section shall report to the department of	385
education each procurement and occurrence in which an epinephrine	386
autoinjector is used from the school's supply of epinephrine	387
autoinjectors.	388

Sec. 3328.29. (A) With the approval of its board of trustees,	389
a college-preparatory boarding school established under this	390
chapter may procure epinephrine autoinjectors in the manner	391
prescribed by section 3313.7110 of the Revised Code. A	392
college-preparatory boarding school that elects to do so shall	393
comply with all provisions of that section as if it were a school	394
district.	395

(B) A college-preparatory boarding school, a member of a	396
college-preparatory boarding school board of trustees, or a	397
college-preparatory boarding school employee or contractor is not	398
liable in damages in a civil action for injury, death, or loss to	399
person or property that allegedly arises from an act or omission	400
associated with procuring, maintaining, accessing, or using an	401
epinephrine autoinjector under this section, unless the act or	402
omission constitutes willful or wanton misconduct.	403

This division does not eliminate, limit, or reduce any other	404
immunity or defense that a college-preparatory boarding school or	405
board of trustees, member of a college-preparatory boarding school	406
board of trustees, or college-preparatory boarding school employee	407
or contractor may be entitled to under Chapter 2744. or any other	408
provision of the Revised Code or under the common law of this	409
state.	410

(C) A college-preparatory boarding school may accept	411
donations of epinephrine autoinjectors from a wholesale	412
distributor of dangerous drugs or a manufacturer of dangerous	413
drugs, as defined in section 4729.01 of the Revised Code, and may	414
accept donations of money from any person to purchase epinephrine	415
autoinjectors.	416

(D) A college-preparatory boarding school that elects to	417
procure epinephrine autoinjectors under this section shall report	418
to the department of education each procurement and occurrence in	419
which an epinephrine autoinjector is used from a school's supply	420
of epinephrine autoinjectors.	421

Sec. 4729.51. (A) No(1) Except as provided in division	422
(A)(2) of this section, no person other than a registered	423
wholesale distributor of dangerous drugs shall possess for sale,	424
sell, distribute, or deliver, at wholesale, dangerous drugs,	425
except as follows:	426

~~(1)~~(a) A pharmacist who is a licensed terminal distributor of	427
dangerous drugs or who is employed by a licensed terminal	428
distributor of dangerous drugs may make occasional sales of	429
dangerous drugs at wholesale;	430

~~(2)~~(b) A licensed terminal distributor of dangerous drugs	431
having more than one establishment or place may transfer or	432
deliver dangerous drugs from one establishment or place for which	433
a license has been issued to the terminal distributor to another	434
establishment or place for which a license has been issued to the	435
terminal distributor if the license issued for each establishment	436
or place is in effect at the time of the transfer or delivery.	437

(2) A manufacturer of dangerous drugs may donate epinephrine	438
autoinjectors to any of the following:	439

(a) The board of education of a city, local, exempted	440
village, or joint vocational school district;	441

(b) A community school established under Chapter 3314. of the	442
Revised Code;	443

(c) A STEM school established under Chapter 3326. of the	444
Revised Code;	445

(d) A college-preparatory boarding school established under	446
Chapter 3328. of the Revised Code;	447

(e) A chartered or nonchartered nonpublic school.

448

(B)(1) No registered wholesale distributor of dangerous drugs	449
shall possess for sale, or sell, at wholesale, dangerous drugs to	450
any person other than the following:	451

(a) Except as provided in division (B)(2)(a) of this section,	452
a licensed health professional authorized to prescribe drugs;	453

(b) An optometrist licensed under Chapter 4725. of the	454
Revised Code who holds a topical ocular pharmaceutical agents	455
certificate;	456

457

(d) A manufacturer of dangerous drugs;

458

(e) Subject to division (B)(3) of this section, a licensed	459
terminal distributor of dangerous drugs;	460

(f) Carriers or warehouses for the purpose of carriage or	461
storage;	462

(g) Terminal or wholesale distributors of dangerous drugs who	463
are not engaged in the sale of dangerous drugs within this state;	464

(h) An individual who holds a current license, certificate,	465
or registration issued under Title 47XLVII of the Revised Code	466
and has been certified to conduct diabetes education by a national	467
certifying body specified in rules adopted by the state board of	468
pharmacy under section 4729.68 of the Revised Code, but only with	469
respect to insulin that will be used for the purpose of diabetes	470
education and only if diabetes education is within the	471
individual's scope of practice under statutes and rules regulating	472
the individual's profession;	473

(i) An individual who holds a valid certificate issued by a	474
nationally recognized S.C.U.B.A. diving certifying organization	475
approved by the state board of pharmacy in rule, but only with	476
respect to medical oxygen that will be used for the purpose of	477
emergency care or treatment at the scene of a diving emergency;	478

(j) Except as provided in division (B)(2)(b) of this section,	479
a business entity that is a corporation formed under division (B)	480
of section 1701.03 of the Revised Code, a limited liability	481
company formed under Chapter 1705. of the Revised Code, or a	482
professional association formed under Chapter 1785. of the Revised	483
Code if the entity has a sole shareholder who is a licensed health	484
professional authorized to prescribe drugs and is authorized to	485
provide the professional services being offered by the entity;	486

(k) Except as provided in division (B)(2)(c) of this section,	487
a business entity that is a corporation formed under division (B)	488
of section 1701.03 of the Revised Code, a limited liability	489
company formed under Chapter 1705. of the Revised Code, a	490
partnership or a limited liability partnership formed under	491
Chapter 1775. of the Revised Code, or a professional association	492
formed under Chapter 1785. of the Revised Code, if, to be a	493
shareholder, member, or partner, an individual is required to be	494
licensed, certified, or otherwise legally authorized under Title	495
XLVII of the Revised Code to perform the professional service	496
provided by the entity and each such individual is a licensed	497
health professional authorized to prescribe drugs;	498

(l) With respect to epinephrine autoinjectors that may be	499
possessed under section 3313.7110, 3313.7111, 3314.143, 3326.28,	500
or 3328.29 of the Revised Code, any of the following: the board of	501
education of a city, local, exempted village, or joint vocational	502
school district; a chartered or nonchartered nonpublic school; a	503
community school established under Chapter 3314. of the Revised	504
Code; a STEM school established under Chapter 3326. of the Revised	505
Code; or a college-preparatory boarding school established under	506
Chapter 3328. of the Revised Code;	507

(m) With respect to epinephrine autoinjectors that may be	508
possessed under section 5101.76 of the Revised Code, any of the	509
following: a residential camp, as defined in section 2151.011 of	510
the Revised Code; a child day camp, as defined in section 5104.01	511
of the Revised Code; or a child day camp operated by any county,	512
township, municipal corporation, township park district created	513
under section 511.18 of the Revised Code, park district created	514
under section 1545.04 of the Revised Code, or joint recreation	515
district established under section 755.14 of the Revised Code.	516

(2) No registered wholesale distributor of dangerous drugs	517
shall possess for sale, or sell, at wholesale, dangerous drugs to	518
any of the following:	519

(a) A prescriber who is employed by a pain management clinic	520
that is not licensed as a terminal distributor of dangerous drugs	521
with a pain management clinic classification issued under section	522
4729.552 of the Revised Code;	523

(b) A business entity described in division (B)(1)(j) of this	524
section that is, or is operating, a pain management clinic without	525
a license as a terminal distributor of dangerous drugs with a pain	526
management clinic classification issued under section 4729.552 of	527
the Revised Code;	528

(c) A business entity described in division (B)(1)(k) of this	529
section that is, or is operating, a pain management clinic without	530
a license as a terminal distributor of dangerous drugs with a pain	531
management clinic classification issued under section 4729.552 of	532
the Revised Code.	533

(3) No registered wholesale distributor of dangerous drugs	534
shall possess dangerous drugs for sale at wholesale, or sell such	535
drugs at wholesale, to a licensed terminal distributor of	536
dangerous drugs, except as follows:	537

(a) In the case of a terminal distributor with a category I	538
license, only dangerous drugs described in category I, as defined	539
in division (A)(1) of section 4729.54 of the Revised Code;	540

(b) In the case of a terminal distributor with a category II	541
license, only dangerous drugs described in category I and category	542
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	543
the Revised Code;	544

(c) In the case of a terminal distributor with a category III	545
license, dangerous drugs described in category I, category II, and	546
category III, as defined in divisions (A)(1), (2), and (3) of	547
section 4729.54 of the Revised Code;	548

(d) In the case of a terminal distributor with a limited	549
category I, II, or III license, only the dangerous drugs specified	550
in the certificate furnished by the terminal distributor in	551
accordance with section 4729.60 of the Revised Code.	552

(C)(1) Except as provided in division (C)(4) of this section,	553
no person shall sell, at retail, dangerous drugs.	554

(2) Except as provided in division (C)(4) of this section, no	555
person shall possess for sale, at retail, dangerous drugs.	556

(3) Except as provided in division (C)(4) of this section, no	557
person shall possess dangerous drugs.	558

(4) Divisions (C)(1), (2), and (3) of this section do not	559
apply to a registered wholesale distributor of dangerous drugs, a	560
licensed terminal distributor of dangerous drugs, or a person who	561
possesses, or possesses for sale or sells, at retail, a dangerous	562
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	563
4729., 4730., 4731., and 4741. of the Revised Code.	564

Divisions (C)(1), (2), and (3) of this section do not apply	565
to an individual who holds a current license, certificate, or	566
registration issued under Title XLVII of the Revised Code and has	567
been certified to conduct diabetes education by a national	568
certifying body specified in rules adopted by the state board of	569
pharmacy under section 4729.68 of the Revised Code, but only to	570
the extent that the individual possesses insulin or personally	571
supplies insulin solely for the purpose of diabetes education and	572
only if diabetes education is within the individual's scope of	573
practice under statutes and rules regulating the individual's	574
profession.	575

Divisions (C)(1), (2), and (3) of this section do not apply	576
to an individual who holds a valid certificate issued by a	577
nationally recognized S.C.U.B.A. diving certifying organization	578
approved by the state board of pharmacy in rule, but only to the	579
extent that the individual possesses medical oxygen or personally	580
supplies medical oxygen for the purpose of emergency care or	581
treatment at the scene of a diving emergency.	582

Division (C)(3) of this section does not apply to the board	583
of education of a city, local, exempted village, or joint	584
vocational school district, a school building operated by a school	585
district board of education, a chartered or nonchartered nonpublic	586
school, a community school, a STEM school, or a	587
college-preparatory boarding school for the purpose of possessing	588
epinephrine autoinjectors under section 3313.7110, 3313.7111,	589
3314.143, 3326.28, or 3328.29 of the Revised Code.	590

Division (C)(3) of this section does not apply to a	591
residential camp, as defined in section 2151.011 of the Revised	592
Code, a child day camp, as defined in section 5104.01 of the	593
Revised Code, or a child day camp operated by any county,	594
township, municipal corporation, township park district created	595
under section 511.18 of the Revised Code, park district created	596
under section 1545.04 of the Revised Code, or joint recreation	597
district established under section 755.14 of the Revised Code for	598
the purpose of possessing epinephrine autoinjectors under section	599
5101.76 of the Revised Code.	600

(D) No licensed terminal distributor of dangerous drugs shall	601
purchase for the purpose of resale dangerous drugs from any person	602
other than a registered wholesale distributor of dangerous drugs,	603
except as follows:	604

(1) A licensed terminal distributor of dangerous drugs may	605
make occasional purchases of dangerous drugs for resale from a	606
pharmacist who is a licensed terminal distributor of dangerous	607
drugs or who is employed by a licensed terminal distributor of	608
dangerous drugs;	609

(2) A licensed terminal distributor of dangerous drugs having	610
more than one establishment or place may transfer or receive	611
dangerous drugs from one establishment or place for which a	612
license has been issued to the terminal distributor to another	613
establishment or place for which a license has been issued to the	614
terminal distributor if the license issued for each establishment	615
or place is in effect at the time of the transfer or receipt.	616

(E) No licensed terminal distributor of dangerous drugs shall	617
engage in the sale or other distribution of dangerous drugs at	618
retail or maintain possession, custody, or control of dangerous	619
drugs for any purpose other than the distributor's personal use or	620
consumption, at any establishment or place other than that or	621
those described in the license issued by the state board of	622
pharmacy to such terminal distributor.	623

(F) Nothing in this section shall be construed to interfere	624
with the performance of official duties by any law enforcement	625
official authorized by municipal, county, state, or federal law to	626
collect samples of any drug, regardless of its nature or in whose	627
possession it may be.	628

(G) Notwithstanding anything to the contrary in this section,	629
the board of education of a city, local, exempted village, or	630
joint vocational school district may deliver epinephrine	631
autoinjectors to a school under its control for the purpose of	632
possessing epinephrine autoinjectors under section 3313.7110 of	633
the Revised Code.	634

Sec. 4729.60. (A) Before a registered wholesale distributor	635
of dangerous drugs may sell dangerous drugs at wholesale to any	636
person, other than the persons specified in divisions (B)(1)(a) to	637
(d) ~~and (B)(1)~~, (f) to (h), (l), and (m) of section 4729.51 of the	638
Revised Code, such wholesale distributor shall obtain from the	639
purchaser and the purchaser shall furnish to the wholesale	640
distributor a certificate indicating that the purchaser is a	641
licensed terminal distributor of dangerous drugs. The certificate	642
shall be in the form that the state board of pharmacy shall	643
prescribe, and shall set forth the name of the licensee, the	644
number of the license, a description of the place or establishment	645
or each place or establishment for which the license was issued,	646
the category of licensure, and, if the license is a limited	647
category I, II, or III license, the dangerous drugs that the	648
licensee is authorized to possess, have custody or control of, and	649
distribute.	650

If no certificate is obtained or furnished before a sale is	651
made, it shall be presumed that the sale of dangerous drugs by the	652
wholesale distributor is in violation of division (B) of section	653
4729.51 of the Revised Code and the purchase of dangerous drugs by	654
the purchaser is in violation of division (C) of section 4729.51	655
of the Revised Code. If a registered wholesale distributor of	656
dangerous drugs obtains or is furnished a certificate from a	657
terminal distributor of dangerous drugs and relies on the	658
certificate in selling dangerous drugs at wholesale to the	659
terminal distributor of dangerous drugs, the wholesale distributor	660
of dangerous drugs shall be deemed not to have violated division	661
(B) of section 4729.51 of the Revised Code in making the sale.	662

(B) Before a licensed terminal distributor of dangerous drugs	663
may purchase dangerous drugs at wholesale, the terminal	664
distributor shall obtain from the seller and the seller shall	665
furnish to the terminal distributor the number of the seller's	666
registration certificate to engage in the sale of dangerous drugs	667
at wholesale.	668

If no registration number is obtained or furnished before a	669
purchase is made, it shall be presumed that the purchase of	670
dangerous drugs by the terminal distributor is in violation of	671
division (D) of section 4729.51 of the Revised Code and the sale	672
of dangerous drugs by the seller is in violation of division (A)	673
of section 4729.51 of the Revised Code. If a licensed terminal	674
distributor of dangerous drugs obtains or is furnished a	675
registration number from a wholesale distributor of dangerous	676
drugs and relies on the registration number in purchasing	677
dangerous drugs at wholesale from the wholesale distributor of	678
dangerous drugs, the terminal distributor shall be deemed not to	679
have violated division (D) of section 4729.51 of the Revised Code	680
in making the purchase.	681

Sec. 5101.76. (A) A residential camp, as defined in section	682
2151.011 of the Revised Code, a child day camp, as defined in	683
section 5104.01 of the Revised Code, or a child day camp operated	684
by any county, township, municipal corporation, township park	685
district created under section 511.18 of the Revised Code, park	686
district created under section 1545.04 of the Revised Code, or	687
joint recreation district established under section 755.14 of the	688
Revised Code may procure epinephrine autoinjectors for use in	689
emergency situations identified under division (C)(5) of this	690
section. A camp that elects to procure epinephrine autoinjectors	691
under this section is encouraged to maintain at least two	692
epinephrine autoinjectors at all times.	693

(B) A camp that elects to procure epinephrine autoinjectors	694
under this section shall adopt a policy governing their	695
maintenance and use. Before adopting the policy, the camp shall	696
consult with a licensed health professional authorized to	697
prescribe drugs, as defined in section 4729.01 of the Revised	698
Code.	699

(C) A component of a policy adopted by a camp under division	700
(B) of this section shall be a prescriber-issued protocol	701
specifying definitive orders for epinephrine autoinjectors and the	702
dosages of epinephrine to be administered through them. The policy	703
also shall do all of the following:	704

(1) Identify the one or more locations in which an	705
epinephrine autoinjector must be stored;	706

(2) Specify the conditions under which an epinephrine	707
autoinjector must be stored, replaced, and disposed;	708

(3) Specify the individuals employed by or under contract	709
with the camp who may access and use an epinephrine autoinjector	710
to provide a dosage of epinephrine to an individual in an	711
emergency situation identified under division (C)(5) of this	712
section;	713

(4) Specify any training that employees or contractors	714
specified under division (C)(3) of this section must complete	715
before being authorized to access and use an epinephrine	716
autoinjector;	717

(5) Identify the emergency situations, including when an	718
individual exhibits signs and symptoms of anaphylaxis, in which	719
employees or contractors specified under division (C)(3) of this	720
section may access and use an epinephrine autoinjector;	721

(6) Specify that assistance from an emergency medical service	722
provider must be requested immediately after an epinephrine	723
autoinjector is used;	724

(7) Specify the individuals to whom a dosage of epinephrine	725
may be administered through an epinephrine autoinjector in an	726
emergency situation specified under division (C)(5) of this	727
section.	728

(D) A camp or camp employee or contractor is not liable in	729
damages in a civil action for injury, death, or loss to person or	730
property that allegedly arises from an act or omission associated	731
with procuring, maintaining, accessing, or using an epinephrine	732
autoinjector under this section, unless the act or omission	733
constitutes willful or wanton misconduct.	734

This section does not eliminate, limit, or reduce any other	735
immunity or defense that a camp or camp employee or contractor may	736
be entitled to under Chapter 2744. or any other provision of the	737
Revised Code or under the common law of this state.	738

(E) A camp may accept donations of epinephrine autoinjectors	739
from a wholesale distributor of dangerous drugs, as defined in	740
section 4729.01 of the Revised Code, and may accept donations of	741
money from any person to purchase epinephrine autoinjectors.	742

(F) A camp that elects to procure epinephrine autoinjectors	743
under this section shall report to the department of job and	744
family services each procurement and occurrence in which an	745
epinephrine autoinjector is used from a camp's supply of	746
epinephrine autoinjectors.	747

Section 2. That existing sections 3313.713, 3313.718,	748
4729.51, and 4729.60 of the Revised Code are hereby repealed.	749

Section 3. This act is hereby declared to be an emergency	750
measure necessary for the immediate preservation of the public	751
peace, health, and safety. The reason for such necessity is that	752
allergic reactions can be life-threatening and Ohio schools and	753
camps presently lack authorization to procure epinephrine	754
autoinjectors to treat emergency anaphylaxis. Because anaphylaxis	755
can lead to death or permanent damage within minutes,	756
authorization to procure and timely administer epinephrine is	757
critical. Therefore, this act shall go into immediate effect.	758