As Reported by the House Health and Aging Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 44


Representative McClain 

Cosponsors: Representatives Sears, Grossman, Adams, J., Derickson, Stebelton, Terhar, Retherford, O'Brien, Bishoff, Brown, Carney 



A BILL
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


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

       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:8

       (1) "Board of health" means the board of health of a city or 9
general health district or the authority having the duties of a 10
board of health under section 3709.05 of the Revised Code.11

        (2) "Controlled substance" has the same meaning as in section 12
3719.01 of the Revised Code.13

        (3) "Drug," "dangerous drug," and "licensed health 14
professional authorized to prescribe drugs" have the same meanings 15
as in section 4729.01 of the Revised Code.16

       (4) "Registered volunteer" has the same meaning as in section 17
5502.281 of the Revised Code.18

       (B) In consultation with the appropriate professional 19
regulatory boards of this state, the director of health shall 20
develop one or more protocols that authorize the following 21
individuals to administer, deliver, or distribute drugs, other 22
than schedule II and III controlled substances, during a period of 23
time described in division (E) of this section, notwithstanding 24
any statute or rule that otherwise prohibits or restricts the 25
administration, delivery, or distribution of drugs by those 26
individuals:27

       (1) A physician authorized under Chapter 4731. of the Revised 28
Code to practice medicine and surgery, osteopathic medicine and 29
surgery, or podiatric medicine and surgery;30

       (2) A physician assistant who holds a certificate to practice 31
issued under Chapter 4730. of the Revised Code;32

       (3) A dentist or dental hygienist licensed under Chapter 33
4715. of the Revised Code;34

       (4) A registered nurse licensed under Chapter 4723. of the 35
Revised Code, including an advanced practice registered nurse, as 36
defined in section 4723.01 of the Revised Code;37

       (5) A licensed practical nurse licensed under Chapter 4723. 38
of the Revised Code;39

       (6) An optometrist licensed under Chapter 4725. of the 40
Revised Code;41

       (7) A pharmacist or pharmacy intern licensed under Chapter 42
4729. of the Revised Code;43

       (8) A respiratory care professional licensed under Chapter 44
4761. of the Revised Code;45

       (9) An emergency medical technician-basic, emergency medical 46
technician-intermediate, or emergency medical technician-paramedic 47
who holds a certificate to practice issued under Chapter 4765. of 48
the Revised Code;49

       (10) A veterinarian licensed under Chapter 4741. of the 50
Revised Code.51

       (C) In consultation with the executive director of the 52
emergency management agency, the director of health shall develop 53
one or more protocols that authorize employees of boards of health 54
and registered volunteers to deliver or distribute drugs, other 55
than schedule II and III controlled substances, during a period of 56
time described in division (E) of this section, notwithstanding 57
any statute or rule that otherwise prohibits or restricts the 58
delivery or distribution of drugs by those individuals.59

        (D) In consultation with the state board of pharmacy, the 60
director of health shall develop one or more protocols that 61
authorize pharmacists and pharmacy interns to dispense, during a 62
period of time described in division (E) of this section, limited 63
quantities of dangerous drugs, other than schedule II and III 64
controlled substances, without a written, oral, or electronic 65
prescription from a licensed health professional authorized to 66
prescribe drugs or without a record of a prescription, 67
notwithstanding any statute or rule that otherwise prohibits or 68
restricts the dispensing of drugs without a prescription or record 69
of a prescription.70

       (E) On the governor's declaration of an emergency that 71
affects the public health, the director of health may issue an 72
order to implement one or more of the protocols developed pursuant 73
to division (B), (C), or (D) of this section. At a minimum, the 74
director's order shall identify the one or more protocols to be 75
implemented and the period of time during which the one or more 76
protocols are to be effective.77

       (F) An individual who administers, delivers, distributes, or 78
dispenses a drug or dangerous drug in accordance with one or more 79
of the protocols implemented under division (E) of this section is 80
not liable for or subject to any of the following for the 81
individual's acts or omissions in performing those activities, 82
unless the acts or omissions constitute willful or wanton 83
misconduct:84

       (1) Damages in any civil action;85

       (2) Prosecution in any criminal proceeding;86

       (3) Professional disciplinary action under any chapter in 87
Title XLVII of the Revised Code.88