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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: | 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 |