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| To enact section 3701.048 of the Revised Code to | 1 |
| require the Director of Health to develop | 2 |
| protocols regarding the authority to administer, | 3 |
| deliver, distribute, or dispense drugs during | 4 |
| certain public health emergencies. | 5 |
| Section 1. That section 3701.048 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 3701.048. (A) As used in this section, "drug," | 8 |
| "dangerous drug," and "licensed health professional authorized to | 9 |
| prescribe drugs" have the same meanings as in section 4729.01 of | 10 |
| the Revised Code. | 11 |
| (B) In consultation with the appropriate professional | 12 |
| regulatory boards of this state, the director of health shall | 13 |
| develop one or more protocols that authorize the following | 14 |
| individuals to administer, deliver, or distribute drugs during a | 15 |
| period of time described in division (D) of this section, | 16 |
| notwithstanding any statute or rule that otherwise prohibits or | 17 |
| restricts the administration, delivery, or distribution of drugs | 18 |
| by those individuals: | 19 |
| (1) A physician authorized under Chapter 4731. of the Revised | 20 |
| Code to practice medicine and surgery, osteopathic medicine and | 21 |
| surgery, or podiatric medicine and surgery; | 22 |
| (2) A physician assistant who holds a certificate to practice | 23 |
| issued under Chapter 4730. of the Revised Code; | 24 |
| (3) A dentist or dental hygienist licensed under Chapter | 25 |
| 4715. of the Revised Code; | 26 |
| (4) A registered nurse licensed under Chapter 4723. of the | 27 |
| Revised Code, including an advanced practice registered nurse, as | 28 |
| defined in section 4723.01 of the Revised Code; | 29 |
| (5) A licensed practical nurse licensed under Chapter 4723. | 30 |
| of the Revised Code; | 31 |
| (6) An optometrist licensed under Chapter 4725. of the | 32 |
| Revised Code; | 33 |
| (7) A pharmacist or pharmacy intern licensed under Chapter | 34 |
| 4729. of the Revised Code; | 35 |
| (8) A respiratory care professional licensed under Chapter | 36 |
| 4761. of the Revised Code; | 37 |
| (9) An emergency medical technician-basic, emergency medical | 38 |
| technician-intermediate, or emergency medical technician-paramedic | 39 |
| who holds a certificate to practice issued under Chapter 4765. of | 40 |
| the Revised Code; | 41 |
| (10) A veterinarian licensed under Chapter 4741. of the | 42 |
| Revised Code. | 43 |
| (C) In consultation with the state board of pharmacy, the | 44 |
| director of health shall develop one or more protocols that | 45 |
| authorize pharmacists and pharmacy interns to dispense, during a | 46 |
| period of time described in division (D) of this section, limited | 47 |
| quantities of dangerous drugs without a written, oral, or | 48 |
| electronic prescription from a licensed health professional | 49 |
| authorized to prescribe drugs or without a record of a | 50 |
| prescription, notwithstanding any statute or rule that otherwise | 51 |
| prohibits or restricts the dispensing of drugs without a | 52 |
| prescription or record of a prescription. | 53 |
| (D) On the governor's declaration of an emergency that | 54 |
| affects the public health, the director of health may issue an | 55 |
| order to implement one or more of the protocols developed pursuant | 56 |
| to division (B) or (C) of this section. At a minimum, the | 57 |
| director's order shall identify the one or more protocols to be | 58 |
| implemented and the period of time during which the one or more | 59 |
| protocols are to be effective. | 60 |
| (E) An individual who administers, delivers, distributes, or | 61 |
| dispenses a drug or dangerous drug in accordance with one or more | 62 |
| of the protocols implemented under division (D) of this section is | 63 |
| not liable for or subject to any of the following for the | 64 |
| individual's acts or omissions in performing those activities, | 65 |
| unless the acts or omissions constitute willful or wanton | 66 |
| misconduct: | 67 |
| (1) Damages in any civil action; | 68 |
| (2) Prosecution in any criminal proceeding; | 69 |
| (3) Professional disciplinary action under Chapter 4715., | 70 |
| 4723., 4725., 4729., 4730., 4731., 4741., 4761., or 4765. of the | 71 |
| Revised Code. | 72 |