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As Reported by the Senate Health Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 66 |
SENATORS DRAKE-GAETH-HOWARD
A BILL
To amend sections 2305.234, 2305.25, 2305.33, 2317.02, 2913.02, 2913.51,
2925.01, 2925.02, 2925.03, 2925.09,
2925.11, 2925.12, 2925.14, 2925.23, 2925.50, 2927.24, 3313.713, 3701.33,
3709.161, 3715.01,
3715.03, 3715.52 to 3715.57,
3715.59, 3715.63 to 3715.66, 3715.69, 3715.70, 3715.71, 3715.73, 3719.01,
3719.011, 3719.05 to 3719.09, 3719.12, 3719.121, 3719.15, 3719.172,
3719.19, 3719.30, 3719.34 to 3719.36, 3719.42, 3719.44, 3719.61, 3719.81,
3719.99, 3729.01, 4121.443, 4301.01, 4301.69, 4303.01, 4303.21, 4303.27,
4303.34, 4723.28, 4725.01,
4729.01, 4729.02, 4729.03, 4729.06 to 4729.09, 4729.11 to 4729.16, 4729.25,
4729.26, 4729.27 to 4729.30, 4729.36, 4729.37, 4729.38, 4729.381,
4729.51, 4729.52, 4729.54, 4729.55, 4729.57, 4729.59, 4729.60, 4729.63,
4729.66, 4729.67, 4731.052, 4741.22, 5123.193, 5126.35, and 5739.02; to amend,
for the
purpose of adopting new section numbers as indicated in parentheses, sections
4729.01 (4729.02) and 4729.02 (4729.01); to enact section 4729.39; and to
repeal sections 4729.021, 4729.261, and
4729.262 of the Revised Code to revise the laws
pertaining to drugs and the practice of pharmacy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.234, 2305.25, 2305.33, 2317.02, 2913.02,
2913.51, 2925.01, 2925.02, 2925.03,
2925.09, 2925.11, 2925.12, 2925.14, 2925.23, 2925.50, 2927.24, 3313.713,
3701.33, 3709.161,
3715.01, 3715.03, 3715.52, 3715.53, 3715.54,
3715.55, 3715.56, 3715.57, 3715.59, 3715.63, 3715.64, 3715.65,
3715.66,
3715.69, 3715.70, 3715.71, 3715.73, 3719.01, 3719.011, 3719.05, 3719.06,
3719.07,
3719.08,
3719.09, 3719.12, 3719.121, 3719.15, 3719.172, 3719.19, 3719.30,
3719.34, 3719.35, 3719.36, 3719.42, 3719.44, 3719.61, 3719.81, 3719.99,
3729.01, 4121.443, 4301.01, 4301.69, 4303.01, 4303.21, 4303.27, 4303.34,
4723.28, 4725.01, 4729.01,
4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 4729.09, 4729.11, 4729.12,
4729.13, 4729.14, 4729.15, 4729.16, 4729.25,
4729.26, 4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 4729.37, 4729.38,
4729.381, 4729.51, 4729.52, 4729.54, 4729.55, 4729.57, 4729.59, 4729.60,
4729.63, 4729.66, 4729.67, 4731.052, 4741.22, 5123.193, 5126.35, and 5739.02
be amended;
sections 4729.01 (4729.02) and 4729.02 (4729.01) be amended for the purpose of
adopting new section numbers as indicated in parentheses; and section 4729.39
of the Revised Code be enacted to read as
follows:
Sec. 2305.234. (A) As used in this section:
(1) "Chiropractic claim," "medical claim," and "optometric claim"
have the same meanings as in section 2305.11 of the Revised
Code.
(2) "Dental claim" has the same meaning as in section 2305.11 of the Revised
Code except that it does not include any claim arising out of a dental
operation or any derivative claim for relief that arises out of a dental
operation.
(3) "Governmental health care program" has the same meaning as in
section
4731.65 of the Revised Code.
(4) "Health care professional" means any of the following
who provide medical, dental, or other health-related
diagnosis, care, or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery;
(b) Registered nurses and licensed practical nurses licensed under Chapter
4723. of the Revised Code;
(c) Physician assistants authorized to practice under Chapter 4730. of the
Revised Code;
(d) Dentists and dental hygienists licensed under Chapter 4715. of the
Revised Code;
(e) Physical therapists licensed under Chapter 4755. of the Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the Revised Code;
(g) Optometrists licensed under Chapter 4725. of the Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the Revised Code to
practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists registered LICENSED under Chapter 4729. of the
Revised Code.
(5) "Health care worker" means a person other than a health care
professional who provides medical, dental, or other health-related care or
treatment under the direction of a health care professional with the authority
to direct that individual's activities, including
medical technicians, medical assistants, dental assistants,
orderlies, aides, and individuals acting in similar capacities.
(6) "Indigent and uninsured person" means a person who meets all of the
following requirements:
(a) The person's income is not greater than one hundred fifty per
cent of the current poverty line as defined by the United States office of
management and budget and revised in accordance with section 673(2) of the
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended.
(b) The person is not eligible to receive medical assistance under Chapter
5111., disability assistance medical assistance under Chapter 5115. of the
Revised Code, or assistance under any other governmental health care
program;
(c) Either of the following applies:
(i) The person is not a policyholder, certificate
holder, insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan;
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy, contract, or plan denies coverage or is the subject of
insolvency or bankruptcy proceedings in any jurisdiction.
(7) "Operation" means any procedure that involves cutting or otherwise
infiltrating human tissue by mechanical means, including surgery, laser
surgery, ionizing radiation, therapeutic ultrasound, or the removal of
intraocular foreign bodies. "Operation" does not include the administration
of medication by injection, unless the injection is administered in
conjunction with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
(8) "Nonprofit shelter or health care facility" means
a charitable nonprofit corporation organized and
operated pursuant to Chapter 1702. of the Revised
Code, or any charitable organization not organized and not operated
for profit, that provides shelter, health care services, or
shelter and health care services to indigent and uninsured persons,
except that "shelter or
health care facility" does not include a hospital as defined in section
3727.01 of the Revised Code, a facility licensed under Chapter 3721. of the
Revised Code, or a medical facility that is operated for profit.
(9) "Tort action" means a civil action for
damages for injury, death, or loss to person or property other
than a civil action for damages for a breach of contract or
another agreement between persons or government entities.
(10) "Volunteer" means an individual who provides any medical, dental, or
other health-care related diagnosis, care, or treatment without
the expectation of receiving and without receipt of any compensation or other
form of remuneration from an indigent and uninsured person,
another person on behalf of an indigent and uninsured person, any shelter or
health care facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this section, a health care
professional who is a volunteer and complies with division (B)(2) of this
section is not liable in damages to any person or government entity in a tort
or other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter or health
care facility to an indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and other medical
products, unless the action or omission constitutes willful or wanton
misconduct.
(2) To qualify for the immunity described in division
(B)(1) of this section, a health care professional shall
do all of the following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not subject to duress or under undue influence;
(b) Inform the person of the provisions of this section;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of and in the presence of the person, that states
that the person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives
informed consent to the provision of the diagnosis, care, or
treatment subject to the provisions of this section.
(3) A physician or podiatrist who is not covered
by medical malpractice insurance, but complies with division
(B)(2) of this section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (E) and (F)(3) of this section, health care workers
who are volunteers are not liable in damages to any person or government
entity in a tort or other civil action, including an action upon a medical,
dental, chiropractic, optometric, or other health-related claim, for injury,
death, or loss to person or property that allegedly arises from
an action or omission of the health care worker in the
provision at a nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related diagnosis, care,
or treatment, unless the action or omission constitutes willful or wanton
misconduct.
(D) Subject to divisions (E) and (F)(3) of this section and section 3701.071
of the Revised Code, a nonprofit shelter or health care facility associated
with a health care professional
described in division (B)(1) of this section or a health care
worker described in division (C) of this section is
not liable in damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, chiropractic,
optometric, or
other health-related claim, for injury, death, or loss to person or property
that allegedly arises from an action or omission of the health care
professional or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to an indigent
and uninsured person, unless the action or omission constitutes willful or
wanton misconduct.
(E)(1) Except as provided in division (E)(2) of this
section, the immunities provided by divisions
(B), (C), and (D) of this section are not
available to an individual or to a
nonprofit shelter or health care facility if, at the time of an alleged
injury, death, or loss to person or property, the individuals involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis, care,
or treatment pursuant
to a community service work order entered by a court under division
(H)(1) or (2) of section 2951.02 of the Revised
Code as a condition of probation or other suspension of a term of
imprisonment.
(b) Performance of an operation.
(c) Delivery of a baby.
(2) Division (E)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care facility at
which the individual provides, diagnosis, care, or treatment that is
necessary to preserve the life of a person in a
medical emergency.
(F)(1) This section does not create a new cause
of action or substantive legal right against a health care professional,
health care worker, or nonprofit
shelter or health care facility.
(2) This section does not affect any immunities from
civil liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or a nonprofit shelter or
health care facility may be entitled in connection with the
provision of emergency or other diagnosis, care, or
treatment.
(3) This section does not grant an immunity from tort
or other civil liability to an individual or a nonprofit shelter or health
care facility for actions that are outside the scope of authority of health
care professionals or health care workers.
(4) This section does not affect any legal responsibility of a
health care professional or health care worker to comply with
any applicable law of this state or rule of an agency of this
state.
(5) This section does not affect any legal
responsibility of a nonprofit shelter or health care facility to comply
with any applicable law of this state, rule of an agency of this
state, or local code, ordinance, or regulation that pertains to
or regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety.
Sec. 2305.25. (A) No health care entity and
no individual who is a member of or works on behalf of any of the following
boards or committees of a health care entity or of any of the following
corporations shall be liable in damages to any person for any acts,
omissions, decisions, or other conduct within the scope of the
functions of the board, committee, or corporation:
(1) A peer review committee of a hospital, a nonprofit
health care corporation which is a member of the hospital or of
which the hospital is a member, or a community mental health
center;
(2) A board or committee of a hospital or of a
nonprofit health care corporation which is a member of the
hospital or of which the hospital is a member reviewing professional
qualifications or activities of the hospital medical staff or
applicants for admission to the medical staff;
(3) A utilization committee of a state or local society
composed of doctors of medicine or, doctors of osteopathic
medicine and surgery, or doctors of podiatric medicine;
(4) A peer review committee of nursing home providers or
administrators, including a corporation engaged in
performing the functions of a peer review committee of nursing home providers
or administrators, or a corporation engaged in the functions of another type
of peer review or professional standards review
committee;
(5) A peer review committee, professional standards review
committee, or arbitration committee of a state or local society
composed of doctors of medicine, doctors of osteopathic medicine
and surgery, doctors of dentistry, doctors of optometry, doctors
of podiatric medicine, psychologists, or registered pharmacists;
(6) A peer review committee of a health insuring corporation that has at
least a two-thirds
majority of member
physicians in active practice and that conducts professional
credentialing and quality review activities involving the
competence or professional conduct of health care providers,
which conduct adversely affects, or could adversely affect, the
health or welfare of any patient. For purposes of this division,
"health insuring corporation" includes
wholly owned
subsidiaries of a health insuring
corporation.
(7) A peer review committee of any insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state that has at least a
two-thirds majority of physicians in active practice and that
conducts professional credentialing and quality review activities
involving the competence or professional conduct of health care
providers, which conduct adversely affects, or could adversely
affect, the health or welfare of any patient;
(8) A peer review committee of any insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state that has at least a
two-thirds majority of physicians in active practice and that
conducts professional credentialing and quality review activities
involving the competence or professional conduct of a health care
facility that has contracted with the insurer to provide health
care services to insureds, which conduct adversely affects, or
could adversely affect, the health or welfare of any patient;
(9) A quality assurance committee of a state correctional
institution
operated by the department of rehabilitation and correction;
(10) A quality assurance committee of the central office
of the department of
rehabilitation and correction or department of mental health;
(11) A peer review committee of an insurer authorized under
Title XXXIX of the Revised Code to do the business of medical professional
liability insurance in this state and that conducts professional quality
review
activities involving the competence or professional conduct of health care
providers, which conduct adversely affects, or could affect, the health or
welfare of any patient;
(12) A peer review committee of a health care entity.
(B)(1) A hospital shall be presumed to not be negligent in the credentialing
of a qualified person if the hospital proves by a preponderance of the
evidence that at the time of the alleged negligent credentialing of the
qualified person it was accredited by the joint commission on accreditation of
health care organizations, the American osteopathic association, or the
national committee for quality assurance.
(2) The presumption that a hospital is not negligent as provided in division
(B)(1) of this section may be rebutted only by proof, by a preponderance of
the evidence, of any of the following:
(a) The credentialing and review requirements of the accrediting
organization did not apply to the hospital, the qualified person, or the type
of professional care that is the basis of the claim against the hospital.
(b) The hospital failed to comply with all material credentialing and review
requirements of the accrediting organization that applied to the qualified
person.
(c) The hospital, through its medical staff executive committee
or its governing body and sufficiently in advance to take appropriate action,
knew that a previously competent qualified person with
staff privileges at the hospital had developed a pattern of
incompetence that indicated that the qualified person's privileges should have
been limited prior to treating the plaintiff at the
hospital.
(d) The hospital, through its medical staff executive committee
or its governing body and sufficiently in advance to take appropriate action,
knew that a previously competent qualified person with
staff privileges at the hospital would provide fraudulent
medical treatment but failed to limit the qualified person's
privileges prior to treating the plaintiff at the
hospital.
(3) If the plaintiff fails to rebut the presumption provided in division
(B)(1) of this section, upon the motion of the hospital, the court shall enter
judgment in favor of the hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any individual or
health care entity from liability arising from treatment of a
patient. Nothing in this section shall be construed as creating an exception
to section 2305.251 of the Revised Code.
(D) No person who provides information under this section without
malice and in the reasonable
belief that the information is warranted by the facts known
to the person shall be subject to suit for civil
damages as a result of providing the information.
(E) For purposes of this section:
(1) "Peer review committee" means a utilization review committee, quality
assurance committee, quality improvement committee, tissue committee,
credentialing committee, or other committee that conducts professional
credentialing and quality review activities involving the competence or
professional conduct of health care practitioners.
(2) "Health care entity" means a government entity, a for-profit or
nonprofit corporation, a limited liability company, a partnership, a
professional corporation, a state or local society as described in division
(A)(3) of this section, or other health care organization, including,
but not limited to, health care entities described in division (A) of
this section, whether acting on its own behalf or on behalf of or in
affiliation with other health care entities, that conducts, as part of its
purpose, professional credentialing or quality review activities involving
the competence or professional conduct of health care practitioners or
providers.
(3) "Hospital" means either of the following:
(a) An institution that has been registered or licensed by the
Ohio department of health as a hospital;
(b) An entity, other than an insurance company authorized to
do business in this state, that owns, controls, or is
affiliated with an institution that has been registered
or licensed by the Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff of a hospital
or a person who has professional privileges at a hospital pursuant to section
3701.351 of the Revised Code.
(F) This section shall be considered to be purely
remedial in its operation and shall be applied in a remedial
manner in any civil action in which this section is relevant,
whether the civil action is pending in court or commenced on or
after the effective date of this section, regardless of when the
cause of action accrued and notwithstanding
any other section
of the Revised Code or prior rule of law of this state.
Sec. 2305.33. (A) As used in this section:
(1) "Bus" has the same meaning as in section 4511.78 of
the Revised Code.
(2) "Business of public transportation" means a business
that includes among its functions the transporting of passengers
in interstate or intrastate commerce by aircraft, railroad train,
school or other bus, taxicab, or other type of common carrier,
whether or not a charge is imposed for the transportation.
"Business of public transportation" includes, but is not limited
to, an Ohio transit system.
(3) "Civil action" means a tort or contract action for
damages for harm.
(4) "Employee" means an individual who is employed by an
employer to operate any aircraft, railroad train, school or other
bus, taxicab, or other type of common carrier.
(5) "Employer" means a person that is engaged in the
business of public transportation.
(6) "Harm" means injury, death, or loss to person or
property.
(7) "Ohio transit system" means a county transit system
operated in accordance with sections 306.01 to 306.13 of the
Revised Code, a regional transit authority operated in accordance
with sections 306.30 to 306.71 of the Revised Code, a regional
transit commission operated in accordance with sections 306.80 to
306.90 of the Revised Code, any municipally owned transportation
system, and any mass transit company that operates exclusively
within the territorial limits of a municipal corporation, or
within the territorial limits of a municipal corporation and one
or more municipal corporations immediately contiguous to that
municipal corporation.
(8) "Physician" means a person who is licensed pursuant to
Chapter 4731. of the Revised Code to practice medicine or surgery
or osteopathic medicine and surgery.
(9) "Prescription" has the same meaning as in section
4729.02 4729.01 of the Revised Code.
(10) "School bus" has the same meaning as in section
4511.01 of the Revised Code.
(11) "Tort action" means a civil action for damages for
injury, death, or loss to person or property, other than a civil
action for damages for a breach of contract or another agreement
between persons. "Tort action" includes, but is not limited to,
a civil action for damages against a physician on the ground of a
breach of the confidentiality of the physician-patient
relationship.
(B) A physician is not liable in damages in a civil action
for harm that allegedly is incurred by an employee as a result of
the physician reporting any of the following to the employer of
the employee:
(1) The physician has determined that the employee is
using a drug of abuse dispensed pursuant to a prescription and
that the employee's use of the drug of abuse represents a
potential risk of harm to passengers on any aircraft, railroad
train, school or other bus, taxicab, or other type of common
carrier operated by the employee;
(2) The physician has determined that the employee is
using a drug of abuse otherwise than pursuant to a prescription.
(3) The physician has determined that the employee has a
condition, other than one involving the use of a drug of abuse,
that represents a potential risk of harm to passengers on any
aircraft, railroad train, school or other bus, taxicab, or other
type of common carrier operated by the employee.
(C)(1) This section does not create, and shall not be
construed as creating, a new cause of action or substantive legal
right against a physician and in favor of an employee who was a
patient of the physician, who was the subject of a report
described in division (B) of this section, and who allegedly
sustained harm as a result of the report, or in favor of any
other person who allegedly sustained harm as a result of the
report.
(2) This section does not impose, and shall not be
construed as imposing, a duty upon a physician to make a report
as described in division (B) of this section to an employer of an
employee who the physician determines is using a drug of abuse
dispensed pursuant to a prescription or is using a drug of abuse
other than pursuant to a prescription, or who the physician
determines has a condition, other than one involving the use of a
drug of abuse, that represents a potential risk of harm to
passengers on the type of common carrier operated by the
employee.
(3) This section does not affect and shall not be
construed as affecting, any immunities from civil liability or
defenses established by another section of the Revised Code or
available at common law, to which a physician may be entitled.
(D) In the event that a physician makes a report described
in division (B) of this section, the physician also shall make a
report to the employee who was the subject of the report. If the
report to the employer is in writing, the report to the employee
shall be in writing.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A) An attorney, concerning a communication made TO the
attorney by the attorney's a client in that relation or the
attorney's advice to the a client, except
that the attorney may testify by express consent of the client
or, if the client is deceased, by the express consent of the
surviving spouse or the executor or administrator of the estate
of the deceased client and except that, if the client voluntarily
testifies or is deemed by section 2151.421 of the Revised Code to
have waived any testimonial privilege under this division, the
attorney may be compelled to testify on the same subject;.
(B)(1) A physician or a dentist concerning a communication
made TO the physician or dentist by the
physician's or dentist's a patient in that relation or the
physician's or dentist's advice to the a
patient, except as otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient
is deemed by section 2151.421 of the Revised Code to have waived
any testimonial privilege under this division, the physician may
be compelled to testify on the same subject.
The testimonial privilege under this division does not
apply, and a physician or dentist may testify or may be compelled
to testify in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives express consent;
(iii) If a medical claim, dental claim, chiropractic
claim, or optometric claim, as defined in section 2305.11 of the
Revised Code, an action for wrongful death, any other type of
civil action, or a claim under Chapter 4123. of the Revised Code
is filed by the patient, the personal representative of the
estate of the patient if deceased, or the patient's guardian
or other legal representative.
(b) In any criminal action concerning any test or the
results of any test that determines the presence or concentration of alcohol,
a drug of abuse, or alcohol and a drug of abuse in the patient's
blood, breath, urine, or other bodily substance at any time
relevant to the criminal offense in question.
(2)(a) If any law enforcement officer submits a written statement to a health
care provider that states that an official criminal investigation has begun
regarding a specified person or that a criminal action or proceeding has been
commenced against a specified person, that requests the provider to supply to
the officer copies of any records the provider possesses that pertain to any
test or the results of any test administered to the specified person to
determine the presence or concentration of alcohol, a drug of abuse, or alcohol
and a drug of abuse in the person's blood, breath, or urine at any time
relevant to the criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent specifically
prohibited by any law of this state or of the United States, shall supply to
the officer a copy of any of the requested records the provider possesses. If
the health care provider does not possess any of the requested records, the
provider shall give the officer a written statement that indicates that the
provider does not possess any of the requested records.
(b) If a health care provider possesses any records of the type described in
division (B)(2)(a) of this section regarding the person in question at any
time relevant to the criminal offense in question, in lieu of personally
testifying as to the results of the test in question, the custodian of the
records may submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be admitted as
evidence in accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of records
submitted in accordance with this division. Nothing in this division shall be
construed to limit the right of any party to call as a witness the person who
administered the test to which the records pertain, the person under whose
supervision the test was administered, the custodian of the records, the
person who made the records, or the person under whose supervision the records
were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made TO the physician
or dentist by the patient in question in that relation, or the physician's or
dentist's advice to the
patient in question, that related causally or historically to
physical or mental injuries that are relevant to issues in the
medical claim, dental claim, chiropractic claim, or optometric
claim, action for wrongful death, other civil action, or claim
under Chapter 4123. of the Revised Code.
(b) If the testimonial privilege described in division (B)(1) of this section
does not apply to a physician or dentist as provided in division (B)(1)(b) of
this section, the physician or dentist, in lieu of personally testifying as to
the results of the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is qualified as authentic
evidence and may be admitted as evidence in accordance with the Rules of
Evidence. Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this division.
Nothing in this division shall be construed to limit the right of any party to
call as a witness the person who administered the test in question, the person
under whose supervision the test was administered, the custodian of the results
of the test, the person who compiled the results, or the person under whose
supervision the results were compiled.
(4)(a) As used in divisions (B)(1) to (3) of this section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose, treat, prescribe, or act for a patient. A
"communication" may include, but is not limited to, any medical
or dental, office, or hospital communication such as a record,
chart, letter, memorandum, laboratory test and results, x-ray,
photograph, financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health care provider" has
the same meaning as in section 3729.01 of the Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section apply
to doctors of medicine, doctors of osteopathic medicine, doctors
of podiatry, and dentists.
(6) Nothing in divisions (B)(1) to (5) of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 2305.33 of the Revised Code
upon physicians who report an employee's use of a drug of abuse,
or a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee in accordance
with division (B) of that section. As used in this division,
"employee," "employer," and "physician" have the same meanings as
in section 2305.33 of the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and legally
cognizable church, denomination, or sect, when the cleric MEMBER OF
THE CLERGY,
rabbi, priest, or minister remains accountable to the authority
of that church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, TO the
clergyman MEMBER OF THE CLERGY, rabbi, priest, or minister for
a religious counseling purpose in the clergyman's
MEMBER OF THE CLERGY'S, rabbi's,
priest's, or minister's professional character;
however, the cleric MEMBER OF THE CLERGY, rabbi, priest, or
minister
may testify by
express consent of the person making the communication, except
when the disclosure of the information is in violation of the
clergyman's rabbi's, priest's, or minister's a sacred trust.
(D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act done, in the known presence or hearing of a third person
competent to be a witness; and such rule is the same if the
marital relation has ceased to exist.
(E) A person who assigns a claim or interest, concerning
any matter in respect to which the person would not, if a
party, be permitted to testify;.
(F) A person who, if a party, would be restricted
under section 2317.03 of the Revised Code, when the
property or thing is sold or transferred by an executor,
administrator, guardian, trustee, heir, devisee, or legatee,
shall be restricted in the same manner in any action or
proceeding concerning the property or thing.
(G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for in section 3319.22 of the Revised Code, a person
licensed under Chapter 4757. of the Revised Code
as a professional clinical counselor, professional counselor,
social worker, or independent
social worker, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication such person
such person's received from a client in that relation or
such person's the person's advice to the a client unless any of
the following applies:
(a) The communication or advice indicates clear and
present danger to the client or other persons. For the purposes
of this division, cases in which there are indications of present
or past child abuse or neglect of the client constitute a clear
and present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client
or social worker-client relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after an in-camera inspection that the testimony of the school
guidance counselor is relevant to that action.
(2) Nothing in division (G)(1) of this section shall
relieve a
school guidance counselor or a person licensed or registered under Chapter
4757. of the Revised Code
from the requirement to report information concerning
child abuse or neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child neglect, or dependent child action or proceeding, that is
brought by or against either parent who takes part in mediation
in accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of visitation rights in relation to their children.
(I) A communications assistant, acting within the scope of
the communication that assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of the Revised Code or Title II of
the "Communications Act of 1934," 104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication made through a telecommunications
relay service. NOTHING
Nothing in this section shall limit any immunity or
privilege granted under federal law or regulation. Nothing in
this section DIVISION shall limit the obligation of a
communications
assistant to divulge information or testify when mandated by
federal law or regulation or pursuant to subpoena in a criminal
proceeding.
(J) EXCEPT TO THE EXTENT THAT A PHARMACIST IS SUBJECT TO THE
PROVISIONS OF DIVISION (B) OF THIS SECTION AS A HEALTH CARE PROVIDER,
A PHARMACIST CONCERNING A COMMUNICATION MADE TO THE PHARMACIST BY AN
INDIVIDUAL IN THAT RELATION, A COMMUNICATION MADE TO THE PHARMACIST BY A
PERSON WHO ISSUED A PRESCRIPTION FOR THE INDIVIDUAL, OR THE PHARMACIST'S
ADVICE TO THE INDIVIDUAL, EXCEPT THAT THE PHARMACIST MAY TESTIFY BY EXPRESS
CONSENT OF THE INDIVIDUAL OR, IF THE INDIVIDUAL IS DECEASED, BY THE EXPRESS
CONSENT OF THE SURVIVING SPOUSE OR EXECUTOR OR ADMINISTRATION OF THE ESTATE OF
THE DECEASED.
NOTHING IN THIS SECTION SHALL LIMIT ANY IMMUNITY OR PRIVILEGE GRANTED UNDER
FEDERAL LAW.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to give consent;
(2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent;
(3) By deception;
(4) By threat.
(B) Whoever violates this section is guilty of theft. Except as otherwise
provided in this division, a violation of this section is petty theft, a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars OR if the property stolen is any of the
property listed in section 2913.71 of the Revised Code, a
violation of this section is theft, a felony of the fifth
degree. If the value of the property or services stolen is five
thousand dollars or more and is less than one hundred thousand
dollars OR if the property stolen is a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code,, a violation of this
section is grand theft, a felony of the fourth degree. If the property stolen
is a motor vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a felony of the
fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more, a
violation of this section is aggravated theft, a felony of the
third degree. If the property stolen is any dangerous drug, as
defined in section 4729.02 4729.01 of the Revised Code, a
violation of
this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony
drug abuse offense, as defined in section 2925.01 of the Revised
Code, a felony of the third degree.
Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable
cause to believe that the property has been obtained through
commission of a theft offense.
(B) Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this
division, receiving stolen property is a
misdemeanor of the first degree. If the value of the property
involved is five hundred dollars or more and is less than five thousand
dollars, if the property involved is any of the property
listed in section 2913.71 of the Revised Code, receiving
stolen property is a felony of the fifth degree. If the
property involved is a motor vehicle, as defined in section
4501.01 of the Revised Code, if the property involved is a dangerous drug,
as defined in section 4729.02 4729.01 of the Revised Code,
or if the
value of the property involved is five thousand dollars or more and is less
than one hundred thousand dollars, OR if the property involved is a
firearm or dangerous ordnance, as defined in section 2923.11 of the Revised
Code, receiving stolen property is a felony of the fourth degree. If the
value of the property involved is one hundred thousand dollars or more,
receiving stolen property is a felony of the third
degree.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "dispense,"
"distribute," "federal drug abuse control laws," "hypodermic,"
"manufacturer," "official written order," "person,"
"pharmacist," "pharmacy," "practitioner," "prescription," "sale,"
"schedule I," "schedule II," "schedule III," "schedule IV,"
"schedule V," and "wholesaler" have the same meanings as in
section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the
same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," and "Federal Food, Drug, and
Cosmetic Act LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE
DRUGS," AND "PRESCRIPTION" have the same meanings as in section
4729.02 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of
the following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or
twenty-five unit doses of a compound, mixture, preparation, or
substance that is or contains any amount of a schedule I opiate
or opium derivative;
(b) An amount equal to or exceeding ten grams
of a
compound, mixture, preparation, or substance that is or contains
any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty
grams or ten
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I stimulant or
depressant;
(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified in a standard pharmaceutical reference manual of
a compound, mixture, preparation, or substance that is or
contains any amount of a schedule II stimulant that is in a final
dosage form manufactured by a person authorized by the "Federal
Food, Drug, and Cosmetic Act," 52 STAT. 1040 (1938), 21
U.S.C.A. 301, AS AMENDED, and the federal drug abuse control
laws, AS DEFINED IN SECTION 3719.01 of the Revised Code, that is or contains
any amount of a schedule II depressant
substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one
hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified
in a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount of a
schedule
III or IV substance other than an anabolic
steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical
reference manual of a compound, mixture, specification
PREPARATION, or substance that is
or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two
hundred solid
dosage units, sixteen grams, or sixteen milliliters of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and is in a form indicating that
indicates that it is the amount or unit by which
the controlled
substance is separately administered to or taken by an
individual.
(F) "Cultivate" includes planting, watering, fertilizing,
or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,
2925.22, 2925.23, 2925.31,
2925.32, 2925.36, or 2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or
any other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse
offense that would constitute a felony under the laws of this
state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation, or substance the gas, fumes, or vapor of which when
inhaled can induce intoxication, excitement, giddiness,
irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the
following:
(1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical
preparation that would be hazardous to health or safety if used
without the supervision of a practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, or a drug of abuse,
and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by
authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the
state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label
bears, a trademark, trade name, or other identifying mark used
without authorization of the owner of rights to that trademark,
trade name, or identifying mark;
(2) Any unmarked or unlabeled substance that is
represented to be a controlled substance manufactured, processed,
packed, or distributed by a person other than the person that
manufactured, processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if the
offender commits the offense on school premises, in a school building, or
within one thousand feet of the boundaries of any school premises.
(Q) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.
(S) "School building" means any building in which any of
the instruction, extracurricular activities, or training provided
by a school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government of the Bar of Ohio.
(U) "Certified grievance committee" means a duly
constituted and organized committee of the Ohio state bar
association or of one or more local bar associations of the state
of Ohio that complies with the criteria set forth in Rule V,
section 6 of the Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this section and that qualifies a person as a professionally
licensed person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer
of controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered as a public accountant under Chapter 4701. of the
Revised Code and who holds a live permit issued under that
chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a landscape architect issued under that chapter;
(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter 4707. of the Revised Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's
license, manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, or a funeral home license, or who has
been registered for a funeral director's apprenticeship under
Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse
or practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry
or to engage in optical dispensing under Chapter 4725. of the
Revised Code;
(13) A person licensed to act as a pawnbroker under
Chapter 4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person registered LICENSED as a pharmacist, a
pharmacy PHARMACIST
intern, a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to
practice medicine and surgery, osteopathic medicine and surgery,
a limited branch of medicine or surgery, or podiatry under
Chapter 4731. of the Revised Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a certificate to
practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker,
real estate salesman, limited real estate broker, or limited real
estate salesman under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's
or fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech pathologist
or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational
therapist or physical therapist under Chapter 4755. of the
Revised Code;
(32) A person who is licensed as a professional clinical counselor or
professional counselor, licensed as a social worker or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or temporary
permit to practice respiratory therapy under Chapter 4761. of the
Revised Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or derivative of ecgonine, or a salt of an isomer or derivative
of ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means
lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid concentrate,
liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section
3719.01 of the Revised Code,
except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a
juvenile" if
the offender commits the offense within one hundred feet of a juvenile or
within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows the offense
is being committed within one hundred feet of or within view of the juvenile,
or whether the juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in division
(D) of section 2929.13 of the Revised Code, that a prison term is a necessary
sanction for a felony in order to comply with the purposes and principles of
sentencing under section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as
it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and
after July 1, 1996, this that is a misdemeanor or a felony of the fifth
degree.
(FF) "Mandatory prison term" has the same meaning as
in section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, preparation, or
substance that is or contains any amount of cocaine that is analytically
identified as the base form of cocaine or that is in a form that resembles
rocks or pebbles generally intended for individual use.
Sec. 2925.02. (A) No person shall knowingly do any of the
following:
(1) By force, threat, or deception, administer to another
or induce or cause another to use a controlled substance;
(2) By any means, administer or furnish to another or
induce or cause another to use a controlled substance with
purpose to cause serious physical harm to the other person, or
with purpose to cause the other person to become drug dependent;
(3) By any means, administer or furnish to another or
induce or cause another to use a controlled substance, and
thereby cause serious physical harm to the other person, or cause
the other person to become drug dependent;
(4) By any means, do any of the following:
(a) Furnish or administer a controlled substance to a
juvenile who is at least two years the offender's junior,
when the offender
knows the age of the juvenile or is reckless in that regard;
(b) Induce or cause a juvenile who is at least two years
the offender's junior to use a controlled substance, when
the offender knows
the age of the juvenile or is reckless in that regard;
(c) Induce or cause a juvenile who is at least two years
the offender's junior to commit a felony drug abuse offense,
when the
offender knows the age of the juvenile or is reckless in that
regard;
(d) Use a juvenile, whether or not the offender knows the
age of the juvenile, to perform any surveillance activity that is
intended to prevent the detection of the offender or any other
person in the commission of a felony drug abuse offense or to
prevent the arrest of the offender or any other person for the
commission of a felony drug abuse offense.
(B) Division (A)(1), (3), or (4) of this section does not
apply to manufacturers, wholesalers, practitioners LICENSED HEALTH
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists,
owners of pharmacies, and other persons whose conduct is in
accordance with Chapters 3719., 4715., 4729., 4731., and 4741. of
the Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting
another with drugs. The penalty for the offense shall be determined
as follows:
(1) Except as otherwise provided in this division, if the
drug involved is any compound, mixture,
preparation, or substance included in schedule I or II, with the exception of
marihuana, corrupting another with drugs is a felony
of the second degree, and, subject to division
(E) of this section, the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance included in
schedule I or II, with the exception of marihuana, and if
the offense was committed in the vicinity of a school, corrupting another with
drugs is a felony of the first degree, and, subject to division (E)
of this section, the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance included in
schedule III, IV, or V, corrupting another with drugs is a felony of the
second degree, and there is a presumption for a
prison term for the offense. If the drug involved is any compound, mixture,
preparation, or substance included in schedule III, IV, or
V and if the offense was committed in the vicinity of a school,
corrupting another with drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term one of the prison terms prescribed for
a felony of the second degree.
(3) Except as otherwise provided in this division, if the
drug involved is marihuana, corrupting another
with drugs is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender. If the drug involved in
IS marihuana and if the offense was committed in the vicinity of a
school,
corrupting another with drugs is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction imposed for
the offense under this section or sections 2929.11 to 2929.18 of
the Revised Code, the court that
sentences an offender who is convicted of or pleads guilty to a
violation of division (A) of this section or the clerk of that court
shall do all of the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first,
second, or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that division, the
court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, any mandatory fine
imposed pursuant to division (D)(1)(a) of this section and any
fine imposed for a violation of this section pursuant to division
(A) of section 2929.18 of the Revised Code shall be paid
by the clerk of the court in accordance with and subject to the
requirements of, and shall be used as specified in, division
(F) of section 2925.03 of the Revised Code.
(c) If a person is charged with any violation of this
section that is a felony of the first, second, or third
degree, posts bail, and forfeits the bail, the forfeited bail shall be paid by
the clerk of the court pursuant to division (D)(1)(b) of
this section as if it were a fine imposed for a violation of
this section.
(2) The court either shall revoke or, if it does
not revoke, shall suspend for not less than six
months or more than five years, the driver's or commercial
driver's license or permit of any person who is convicted of or pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months nor
more than five years the driver's or commercial driver's license or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from
the day on which the offender finally was released from
a prison term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation.
Upon
the filing of the motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(3) If the offender is a professionally licensed person or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, in
addition to any other sanction imposed for a violation of this
section, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) Notwithstanding the prison term otherwise authorized or
required for the offense under division (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code, if the violation of division
(A)
of this section involves the sale, offer to sell, or possession
of a schedule
I or II controlled substance, with the
exception of marihuana,
and if the offender, as a result of the violation, is a major
drug offender,
the court, in lieu of the prison term that otherwise is
authorized or
required, shall impose upon the offender the mandatory prison term specified
in division (D)(3)(a) of section 2929.14 of the Revised Code and may
impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.03. (A) No person shall knowingly sell or offer to sell a
controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners LICENSED HEALTH PROFESSIONALS
AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4729., 4731.,
and
4741. or section 4723.56 of the Revised Code.;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty of one of the
following:
(1) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
I or schedule II, with the exception of
marihuana, cocaine, L.S.D., heroin, and hashish,
whoever
violates division (A) of this section is guilty of
aggravated trafficking in drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), (e),
or (f) of this section, aggravated trafficking in drugs is
a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(1)(c), (d), (e), or (f) of
this section, if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, aggravated trafficking in drugs is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, aggravated
trafficking in drugs
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the bulk amount,
aggravated trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(e) If the amount of the drug involved exceeds
fifty times the bulk amount but does not exceed one hundred times
the bulk amount and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
one hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional prison
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any
compound, mixture, preparation, or substance included in schedule
III, IV, or V, whoever violates division
(A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), (d), or
(e) of
this section, trafficking in drugs is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(2)(c), (d), or (e) of this section,
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is
a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the third degree, and there
is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, trafficking in drugs is a felony of the third degree, and there
is a presumption
for a prison term for the offense. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the second degree, and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty times the bulk amount, trafficking in drugs is a felony of the second
degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the
amount of the drug involved exceeds fifty times the bulk amount
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in drugs is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the first degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish,
whoever violates division (A) of this section is guilty
of trafficking in marihuana. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in marihuana is
a felony of the
fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(3)(c), (d), (e), (f), or
(g) of
this section, if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred grams but does not exceed one thousand grams, trafficking in
marihuana is a felony
of the fourth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether
to impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams but does not exceed five thousand grams, trafficking in
marihuana is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. If the amount
of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams, trafficking in
marihuana is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
twenty thousand grams, trafficking in marihuana is a felony of the second
degree, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved exceeds twenty thousand grams and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of
the first degree.
(g) Except as otherwise provided in this division, if
the offense involves a gift of twenty grams or less of
marihuana, trafficking in marihuana is a minor misdemeanor upon
a first offense and a misdemeanor of the third degree upon a
subsequent offense. If the offense involves a gift of twenty
grams or less of marihuana and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever violates
division (A) of this section is guilty
of trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five grams but does not exceed ten grams of
cocaine
that is not crack cocaine or exceeds one gram
but does not exceed five
grams of crack cocaine, trafficking in cocaine is a felony of the
fourth degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term
for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, trafficking in cocaine is a felony of
the third degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the third
degree. If the amount of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the vicinity of a juvenile,
trafficking in cocaine is a
felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds one hundred grams but does not exceed five
hundred grams of cocaine that is not crack
cocaine or exceeds ten grams
but does not exceed twenty-five grams of crack cocaine,
trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of
the second degree. If the amount of the drug involved is within
one of those ranges and
if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile,
trafficking in
cocaine
is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but does
not exceed one hundred grams of crack cocaine and regardless of whether the
offense was committed in the vicinity of a school or in the vicinity of a
juvenile,
trafficking in
cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b)
of section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is
L.S.D. or a compound, mixture, preparation, or substance containing
L.S.D., whoever violates division
(A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), (f), or (g) of this
section, trafficking in
L.S.D. is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division
(C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten unit doses but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not
exceed five grams of L.S.D. in a liquid
concentrate, liquid
extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
fifty unit doses but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does
not exceed twenty-five grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
trafficking
in
L.S.D. is a felony of the third degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
two hundred fifty unit doses but does not exceed one thousand
unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but
does not exceed one hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form,
trafficking in
L.S.D. is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand unit doses but does not exceed five thousand unit
doses
of L.S.D. in a solid form or exceeds one hundred
grams but
does not exceed five hundred grams of L.S.D. in a
liquid
concentrate, liquid extract, or liquid distillate form
and regardless of whether the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(g) If the amount of the drug involved exceeds
five thousand unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or
liquid
distillate form
and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is
a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of
the Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c), (d),
(e), (f), or (g) of this section,
trafficking in heroin is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in
division (C)(6)(c), (d), (e),
(f), or (g) of this section, if the offense was committed
in the vicinity
of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the fourth degree, and division (C) of section 2929.13 of the
Revised Code
applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one gram but does not exceed five grams, trafficking in heroin is a felony of
the fourth degree,
and there is a presumption for a prison term for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for
the offense.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds five
grams but does not exceed ten grams, trafficking in heroin is a felony of the
third degree,
and there is a presumption for a prison term for the offense.
If the amount of the drug involved is within that range and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
second degree, and there is a presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
ten grams but does not exceed fifty grams, trafficking in heroin is a felony
of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
heroin is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved exceeds
two hundred fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the first
degree,
and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the first degree
and may impose an additional mandatory prison term prescribed for
a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section,
trafficking in hashish is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(b) Except as otherwise provided in division
(C)(7)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) Except as otherwise provided in this division, if the amount
of the drug involved exceeds ten grams but does not exceed fifty grams of
hashish in a solid form or exceeds two grams but does not exceed ten grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount
of the drug involved exceeds fifty grams but does not exceed two hundred fifty
grams of hashish in a solid form or exceeds ten grams but does not exceed
fifty grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a
felony of the
third degree, and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in hashish is a felony
of the second degree, and
there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount
of the drug involved exceeds two hundred fifty grams but does not exceed one
thousand grams of hashish in a solid form or exceeds fifty grams but does not
exceed two hundred grams of hashish in a liquid concentrate, liquid extract,
or
liquid distillate form, trafficking in hashish is a felony of
the third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in hashish
is a felony of the second degree, and there is a presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount
of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in
hashish is a felony of the second degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the drug
involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form
and if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of
the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized
or required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code, and in
addition to any other sanction imposed for the offense under this
section or sections 2929.11 to 2929.18 of the Revised
Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that
are applicable regarding the offender:
(1) If the violation of division (A) of this
section is a felony of the first, second, or third degree, the
court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18
of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent. Except as
otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this
section. If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk of the court shall pay the
forfeited bail
pursuant to divisions (D)(1) and
(F) of this section, as if the forfeited bail was a fine
imposed for a violation of this section. If any amount of the forfeited bail
remains after that payment and if a fine is imposed under division (H)(1) of
this section, the clerk of the court shall pay the remaining amount of the
forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if
that remaining amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall revoke or suspend the driver's or
commercial driver's license or permit of the offender in
accordance with division (G) of this section.
(3) If the offender is a professionally licensed person
or a person who has been admitted to the bar by order of the
supreme court in compliance with its prescribed and published
rules, the court forthwith shall comply with section 2925.38 of
the Revised Code.
(E) When a person is charged with the
sale of or offer to sell a bulk amount
or a multiple of a bulk amount of a controlled substance, the jury, or the
court trying the
accused, shall determine the amount of the controlled substance
involved at the time of the offense and, if a guilty verdict is
returned, shall return the findings as part of the verdict. In
any such case, it is unnecessary to find and return the exact
amount of the controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the
controlled substance involved is the requisite
amount, or that the amount of the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision
of section
3719.21 of the Revised Code and except as provided in division (H) of this
section, the clerk of the court shall pay any
mandatory
fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for
a violation of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal corporation, park district, as
created pursuant to section 511.18 or 1545.04 of the Revised
Code, or state law enforcement agencies in this state that
primarily were responsible for or involved in making the arrest
of, and in prosecuting, the offender. However, the clerk shall not
pay a mandatory fine
so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under
division (F)(2) of this section that addresses the use of
the
fine moneys that it receives. Each agency shall use
the mandatory fines so paid to subsidize the agency's law enforcement
efforts that
pertain to drug offenses, in accordance with the written internal
control policy adopted by the recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B)(5) of
section
2925.42 of
the Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of expenditure by an agency are public records open for
inspection under section 149.43 of the Revised Code.
Additionally, a written internal control policy adopted under
this division is such a public record, and the agency that
adopted it shall comply with it.
(b) Each law enforcement agency that receives in any
calendar year any fine moneys under division (F)(1) of this
section or division (B)(5) of section 2925.42 of the Revised Code
shall prepare a report covering the calendar year that cumulates
all of the information contained in all of the public financial
records kept by the agency pursuant to division (F)(2)(a)
of this
section for that calendar year, and shall send a copy of the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. Each report received by the attorney
general is a public record open for inspection under section
149.43 of the Revised Code. The attorney general shall make
copies of each report received, and, no later than the fifteenth
day of April in the calendar year in which the report is
received, shall send a copy of it to the president of the senate
and the speaker of the house of representatives.
(3) As used in division
(F) of this section:
(a) "Law enforcement agencies" includes, but is not
limited to, the state board of pharmacy and the office of a
prosecutor.
(b) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(G) When required under division
(D)(2) of
this section, the court either shall revoke or, if it
does not revoke, shall suspend for not less than six
months or more than five years, the driver's or
commercial
driver's license or permit of any person who is convicted of or
pleads
guilty to a violation of this section that is a felony of the
first degree and shall suspend for not less than six months
or
more than five years the driver's or commercial driver's license
or permit
of any person who is convicted of or pleads guilty to any other
violation of this section. If an offender's driver's or
commercial driver's license or permit is revoked pursuant to this
division,
the offender, at any time after the expiration of two years from
the day on which the offender's sentence was imposed or from the
day on
which the offender finally was released from a
prison
term under the
sentence, whichever is later, may file a motion with the
sentencing court requesting termination of the revocation; upon
the filing of such a motion and the court's finding of good cause
for the termination, the court may terminate the revocation.
(H)(1) In addition to any prison term
authorized or required by division (C) of this section and
sections 2929.13 and 2929.14 of the
Revised Code, in addition to any other
penalty or sanction imposed for the offense under this section
or sections 2929.11 to 2929.181 of the
Revised Code, and in addition to the
forfeiture of property in connection with the offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation
of division (A) of this section may impose upon the offender an
additional fine specified for the offense in
division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section
is not subject to division (F) of this section and shall
be used solely for the support of one or more eligible alcohol
and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of this section shall
specify in the judgment that imposes the fine one or more
eligible alcohol and drug addiction programs for the support of
which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected
in satisfaction of a fine imposed under division
(H)(1) of this section unless
the program is specified in the judgment that imposes the fine.
No alcohol and drug addiction program shall be specified in the
judgment unless the program is an eligible alcohol and drug
addiction program and, except as otherwise provided in division
(H)(2) of this section, unless
the program is located in the county in which the court that
imposes the fine is located or in a county that is immediately
contiguous to the county in which that court is located. If no
eligible alcohol and drug addiction program is located in any
of those counties, the judgment may specify an eligible alcohol
and drug addiction program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the court
shall pay any fine imposed under division
(H)(1) of this section to the eligible alcohol and drug addiction
program specified pursuant to division (H)(2) of this section in the
judgment. The eligible alcohol and drug addiction program that receives the
fine moneys shall use the moneys only for the
alcohol and drug addiction services identified in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section 3793.11 of the Revised Code filed with
the department of alcohol and drug addiction services by the alcohol and drug
addiction program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in a calendar year any fine moneys under division
(H)(3) of this section shall
file an annual report covering that calendar year with the court
of common pleas and the board of county commissioners of the
county in which the program is located, with the court of common pleas and the
board of county commissioners of each county from which the program received
the moneys if that county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug addiction
program shall file the report no later than the first day of March in
the calendar year
following the calendar year in which the program received the
fine moneys. The report shall include statistics on the number
of persons served by the alcohol and drug addiction program,
identify the types of alcohol and drug addiction services
provided to those persons, and include a specific accounting of
the purposes for which the fine moneys received were used. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
alcohol and drug addiction program. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction
program" and "alcohol and drug addiction services" have the same
meanings as in section 3793.01 of the Revised Code.
(b) "Eligible alcohol and drug
addiction program" means an alcohol and drug addiction program
that is certified under section 3793.06 of the
Revised Code or licensed under section
3793.11 of the Revised Code by the department of
alcohol and drug addiction services.
Sec. 2925.09. (A) No person shall administer,
dispense, distribute, manufacture, possess, sell, or use any drug, other than
a controlled substance, that is not approved by the United States food and
drug administration, or the United States department of agriculture, unless
one of the following applies:
(1) The United States food and drug administration has
approved an application for investigational use in accordance with the
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301,
as amended, and the drug is used only for the approved investigational use;
(2) The United States department of agriculture has approved an application
for investigational use in accordance with the federal "Virus-Serum-Toxin
Act," 37 Stat. 832 (1913), 21 U.S.C.A. as amended, 151, as amended, and
the
drug is used only for the approved investigational use;
(3) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS, other than a veterinarian, prescribes or combines two
or more drugs as a single product for medical purposes;
(4) A pharmacist, pursuant to a prescription, compounds and dispenses two
or more drugs as a single product for medical purposes.
(B)(1) As used in this division, "dangerous drug,"
"prescription," "sale at retail," "wholesale distributor of dangerous drugs,"
and "terminal distributor of dangerous drugs," have the SAME meanings
set forth AS in
section 4729.02 4729.01 of the Revised Code.
(2) Except as provided in division (B)(3) of this section, no
person shall administer, dispense, distribute, manufacture, possess, sell, or
use any dangerous drug to or for livestock or any animal that is generally
used for food or in the production of food, unless the drug is prescribed by a
licensed veterinarian by prescription or other written order and the drug is
used in accordance with the veterinarian's order or direction.
(3) Division (B)(2) of this section does not apply to a registered wholesale
distributor of dangerous drugs, a licensed terminal distributor of dangerous
drugs, or a person who possesses, possesses for sale, or sells, at retail, a
drug in accordance with Chapters 3719., 4729., or 4741. of the Revised Code.
(C) Whoever violates division (A) or (B)(2) of this section is guilty of a
felony of the fifth degree on a first offense
and of a felony of the fourth degree on each subsequent offense.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess, or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, practitioners LICENSED HEALTH PROFESSIONALS
AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners of
pharmacies, and other persons whose conduct was in accordance
with Chapters 3719., 4715., 4729., 4731.,
and 4741. or section 4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person who is conducting or participating in a research project
involving the use of an anabolic steroid if the project has been
approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant to a prescription issued by a practitioner LICENSED HEALTH
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, where the
drug is in the original container in which it was dispensed to
such person.
(C) Whoever violates division (A) of this section is guilty of
one of the following:
(1) If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and hashish, whoever violates division (A) of
this section is guilty of aggravated possession of drugs. The
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c), (d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, aggravated possession of drugs is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved exceeds fifty times the bulk amount
but does not exceed one hundred times the bulk amount, aggravated possession
of drugs is a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a felony of the
first degree.
(e) If the amount of the drug involved exceeds one hundred times the bulk
amount, aggravated possession of drugs is a felony of the first degree, and
the court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree and may impose an additional
mandatory prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV, or V,
whoever violates division (A) of this section is
guilty of possession of
drugs. The penalty for the offense shall be determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c), or (d) of this section,
possession of drugs is a misdemeanor of
the third degree or, if the offender previously has been
convicted of a drug abuse offense, a misdemeanor of the second
degree. If the drug involved in the violation is an anabolic
steroid included in schedule III and if the offense is a
misdemeanor of the third degree under this division, in lieu of
sentencing the offender to a term of imprisonment in a detention
facility, the court may place the offender on conditional
probation pursuant to
division (F) of section 2951.02 of the Revised
Code.
(b) If the amount of the drug involved exceeds
the bulk amount but does not exceed five times the bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c) If the amount of the drug involved exceeds
five times the bulk amount but does not exceed fifty times the
bulk amount, possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as a mandatory prison term one of the prison terms prescribed for
a felony of the second degree.
(3) If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish, whoever violates
division (A) of this
section is guilty of possession of marihuana. The penalty for
the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c), (d), (e), or
(f) of this section, possession of marihuana is a minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one hundred grams but does not exceed two hundred
grams, possession of marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved exceeds
two hundred grams but does not exceed one thousand grams,
possession of marihuana is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved exceeds
one thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(e) If the amount of the drug involved exceeds
five thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and
there is a presumption that a prison term shall be imposed for
the offense.
(f) If the amount of the drug involved exceeds
twenty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second degree.
(4) If the drug involved in
the violation is cocaine or a compound, mixture, preparation, or substance
containing cocaine, whoever violates division (A)
of this section is guilty of possession of cocaine. The penalty
for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c), (d), (e), or
(f) of this section, possession of cocaine is a felony of the
fifth degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
five grams but does not exceed twenty-five grams of cocaine that is not crack
cocaine or exceeds one gram but does not
exceed five grams of crack cocaine, possession of
cocaine is a felony of the fourth degree, and there is a
presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds
twenty-five grams but does not exceed one hundred grams
of cocaine that is not crack cocaine or
exceeds five grams but does not
exceed ten grams of crack cocaine, possession of
cocaine is a felony of the third degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the third degree.
(d) If the amount of the drug involved exceeds
one hundred grams but does not exceed five hundred grams
of cocaine that is not crack cocaine or
exceeds ten grams but does not
exceed twenty-five grams of crack cocaine, possession of
cocaine is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(e) If the amount of the drug involved exceeds
five hundred grams but does not exceed one thousand grams
of cocaine that is not crack cocaine or
exceeds twenty-five grams but
does not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
one thousand grams of cocaine that is not crack
cocaine or exceeds one
hundred grams of crack cocaine, possession of cocaine is a felony of
the first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit doses
but does not exceed fifty unit doses
of L.S.D. in a solid form or exceeds one gram
but does not exceed five grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of
L.S.D. is a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) If the amount of
L.S.D. involved exceeds fifty unit doses,
but does not exceed two hundred fifty unit doses
of L.S.D. in a solid form or exceeds five grams
but does not exceed twenty-five grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a felony of the third degree, and there is a
presumption for a prison term for the offense.
(d) If the amount of
L.S.D. involved exceeds two hundred fifty
unit doses but does not exceed one thousand unit doses
of L.S.D. in a solid form or exceeds twenty-five
grams but does not exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form,
possession of L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved exceeds one thousand unit
doses but does not exceed five thousand unit doses
of L.S.D. in a solid form or exceeds one hundred
grams but does not exceed five hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of
L.S.D. involved exceeds five thousand
unit doses
of L.S.D. in a solid form or exceeds five
hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c), (d), (e), or
(f) of this section, possession of heroin is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the amount of the drug involved exceeds
one gram but does not exceed five grams, possession of heroin is
a felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison term on
the offender.
(c) If the amount of the drug involved exceeds
five grams but does not exceed ten grams, possession of heroin is
a felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) If the amount of the drug involved exceeds
ten grams but does not exceed fifty grams, possession of heroin
is a felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams,
possession of heroin is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds
two hundred fifty grams, possession of heroin is a felony of the
first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c), (d), (e), or
(f) of this section, possession of hashish is a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five grams but does not exceed ten grams of hashish in a solid form or equals
or exceeds one gram but does not exceed two grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved exceeds
ten grams but does not exceed fifty grams of hashish in a solid form or
exceeds two grams but does not exceed ten grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the fifth degree, and division
(B) of section 2929.13 of the Revised Code applies in determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved exceeds
fifty grams but does not exceed two hundred fifty grams of hashish in a solid
form or exceeds ten grams but does not exceed fifty grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.
(e) If the amount of the drug involved exceeds
two hundred fifty grams but does not exceed one thousand grams of hashish in a
solid form or exceeds fifty grams but does not exceed two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f) If the amount of the drug involved exceeds
one thousand grams of hashish in a solid form or exceeds two hundred grams of
hashish in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the second
degree.
(D) Arrest or conviction for a minor misdemeanor violation
of this section does not constitute a criminal record and need
not be reported by the person so arrested or convicted in
response to any inquiries about the person's criminal record,
including any inquiries contained in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
(E) In addition to any prison term authorized or
required by division (C) of this section and sections
2929.13 and 2929.14 of the Revised Code and in
addition to any other sanction that is imposed for the offense
under this section or sections 2929.11 to 2929.18 of
the
Revised Code, the court that sentences an
offender who is convicted of or pleads guilty to a violation of
division (A) of this section shall do all of the
following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or third degree, the court shall impose upon the
offender the mandatory fine specified for the offense under
division (B)(1) of section 2929.18 of the Revised
Code unless, as specified in that division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the
court shall pay a mandatory fine or other fine
imposed for a violation of this section pursuant to division (A) of section
2929.18 of the Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The agency that
receives the fine shall use the fine as specified in division (F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section that is a felony
of the first, second, or third degree, posts bail, and forfeits the bail, the
clerk shall pay the forfeited bail pursuant to division
(E)(1)(b) of this section as if it were a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or more than five
years the driver's or commercial driver's license or permit of any person who
is convicted of or has pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or a person who
has
been admitted to the bar by order of the supreme court in compliance with its
prescribed and published rules, in addition to any other sanction imposed for
a violation of this section, the court forthwith shall comply with section
2925.38 of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that gave
rise
to the charge is in an
amount, is in a form, is prepared, compounded, or mixed with substances that
are
not controlled substances in a manner, or is possessed
under any
other circumstances, that indicate that the substance was possessed solely for
personal use.
Notwithstanding any contrary provision of this section, if, in accordance
with section 2901.05 of the Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this section
sustains the burden of going forward with evidence of and establishes by a
preponderance of the evidence the affirmative defense described in this
division, the accused may be prosecuted for and may plead guilty to or be
convicted of a misdemeanor violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of the Revised Code
applies regarding the determination of the amount of the controlled substance
involved at the time of the offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain,
possess, or use any instrument, article, or thing the customary
and primary purpose of which is for the administration or use of a
dangerous drug, other than marihuana, when the instrument
involved is a hypodermic or syringe, whether or not of crude or
extemporized manufacture or assembly, and the instrument,
article, or thing involved has been used by the offender to
unlawfully administer or use a dangerous drug, other than
marihuana, or to prepare a dangerous drug, other than marihuana,
for unlawful administration or use.
(B) This section does not apply to manufacturers,
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE
DRUGS, pharmacists, owners of pharmacies, and other
persons whose conduct was in accordance with
Chapters 3719., 4715., 4729., 4731., and 4741. or section
4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of possessing
drug abuse instruments, a misdemeanor of the second degree. If
the offender previously has been convicted of a drug abuse
offense, a violation of this section is a misdemeanor of the
first degree.
(D) In addition to any other sanction imposed for a
violation of this section, the court shall suspend for not less
than six months or more than five years the driver's or
commercial driver's license or permit of any person who is convicted of or
has pleaded guilty to a violation of this section. If the
offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to any other sanction imposed for a violation of this section,
the court forthwith shall comply with section 2925.38 of the Revised Code.
Sec. 2925.14. (A) As used in this section, "drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human
body, a controlled substance in violation of this chapter. "Drug
paraphernalia" includes, but is not limited to, any of the
following equipment, products, or materials that are used by the
offender, intended by the offender for use, or designed by the
offender for use, in any of the following manners:
(1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
(3) An isomerization device for increasing the potency of
any species of a plant that is a controlled substance;
(4) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance;
(5) A scale or balance for weighing or measuring a
controlled substance;
(6) A diluent or adulterant, such as quinine
hydrochloride, mannitol, mannite, dextrose, or lactose, for
cutting a controlled substance;
(7) A separation gin or sifter for removing twigs and
seeds from, or otherwise cleaning or refining, marihuana;
(8) A blender, bowl, container, spoon, or mixing device
for compounding a controlled substance;
(9) A capsule, balloon, envelope, or container for
packaging small quantities of a controlled substance;
(10) A container or device for storing or concealing a
controlled substance;
(11) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human
body;
(12) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body,
marihuana, cocaine, hashish, or hashish oil, such as a
metal,
wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or
without a screen, permanent screen, hashish head, or punctured
metal bowl; water pipe; carburetion tube or device; smoking or
carburetion mask; roach clip or similar object used to hold
burning material, such as a marihuana cigarette, that has become
too small or too short to be held in the hand; miniature cocaine
spoon, or cocaine vial; chamber pipe; carburetor pipe; electric
pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if an object is drug paraphernalia, a
court or law enforcement officer shall consider, in addition to
other relevant factors, the following:
(1) Any statement by the owner, or by anyone in control,
of the object, concerning its use;
(2) The proximity in time or space of the object, or of
the act relating to the object, to a violation of any provision
of this chapter;
(3) The proximity of the object to any controlled substance;
(4) The existence of any residue of a controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of the owner, or of
anyone in control, of the object, to deliver it to any person whom the owner
or person in control of the object knows intends to use the object to
facilitate a violation of any provision of this chapter. A finding that the
owner, or anyone in control, of the object, is not guilty of a
violation of any other provision of this chapter does not
prevent a finding that the object was intended or designed by the
offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the
object concerning its use;
(7) Any descriptive material accompanying the object and
explaining or depicting its use;
(8) National or local advertising concerning the use of
the object;
(9) The manner and circumstances in which the object is
displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the
sales of the object to the total sales of the business
enterprise;
(11) The existence and scope of legitimate uses of the
object in the community;
(12) Expert testimony concerning the use of the object.
(C)(1) No person shall knowingly use, or possess with
purpose to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or
manufacture with purpose to sell, drug paraphernalia, if the person knows or
reasonably should know that the equipment, product, or material will be used
as drug paraphernalia.
(3) No person shall place an advertisement in any
newspaper, magazine, handbill, or other publication that is
published and printed and circulates primarily within this state,
if the person knows that the purpose of the advertisement is to
promote the illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug paraphernalia.
(D) This section does not apply to manufacturers,
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE
DRUGS, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719., 4715.,
4729., 4731., and 4741. or section 4723.56 of
the Revised Code. This section shall not be construed to
prohibit the possession or use of a hypodermic as authorized by
section 3719.172 of the Revised Code.
(E) Notwithstanding sections 2933.42 and 2933.43 of the
Revised Code, any drug paraphernalia that was used, possessed,
sold, or manufactured in a violation of this section shall be
seized, after a conviction for that violation shall be forfeited,
and upon forfeiture shall be disposed of pursuant to division
(D)(8) of section 2933.41 of the Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second
degree.
(3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling
drug paraphernalia to juveniles, a misdemeanor of the first
degree.
(4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a
misdemeanor of the second degree.
(G) In addition to any other sanction imposed for a
violation of this section, the court shall suspend for not less
than six months or more than five years the driver's or
commercial driver's license or permit of any person who is convicted of or
has pleaded guilty to a violation of this section. If the
offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in
compliance with its prescribed and published rules, in addition
to any other sanction imposed for a violation of this section, the court
forthwith shall comply with section 2925.38 of the Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false
statement in any prescription, order, report, or record required
by Chapter 3719. or 4729. of the Revised Code.
(B) No person shall intentionally make, utter, or sell, or
knowingly possess a false or forged:
(1) Prescription;
(2) Uncompleted preprinted prescription blank used for
writing a prescription;
(3) Official written order;
(4) License for a terminal distributor of dangerous drugs
as required in section 4729.60 of the Revised Code;
(5) Registration certificate for a wholesale distributor
of dangerous drugs as required in section 4729.60 of the Revised
Code.
(C) No person, by theft as defined in section 2913.02 of
the Revised Code, shall acquire any of the following:
(1) A prescription;
(2) An uncompleted preprinted prescription blank used for
writing a prescription;
(3) An official written order;
(4) A blank official written order;
(5) A license or blank license for a terminal distributor
of dangerous drugs as required in section 4729.60 of the Revised
Code;
(6) A registration certificate or blank registration
certificate for a wholesale distributor of dangerous drugs as
required in section 4729.60 of the Revised Code.
(D) No person shall knowingly make or affix any false or
forged label to a package or receptacle containing any dangerous
drugs.
(E) Divisions (A) and (D) of this section do not apply to
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE
DRUGS, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719.,
4715., 4725., 4729., 4731., and 4741. of the Revised Code or
section 4723.56 of the Revised Code.
(F) Whoever violates this section is guilty of illegal
processing of drug documents. The penalty for the offense shall be
determined as follows:
(1) If the drug involved is a compound, mixture, preparation, or substance
included in schedule I or II, with the exception of marihuana, illegal
processing of drug documents is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(2) If the drug involved is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III,
IV, or V or is marihuana, illegal processing of drug documents is a felony of
the fifth degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required by division (F) of
this section and sections 2929.13 and 2929.14 of the Revised Code and in
addition to any other sanction imposed for the offense under this section or
sections 2929.11 to 2929.18 of the Revised Code, the court that sentences an
offender who is convicted of or pleads guilty to any violation of divisions
(A) to (D) of this section shall do both of the following:
(1) The court shall suspend for not less
than six months or more than five years the driver's or
commercial driver's license or permit of any person who is convicted of or
has pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or a person who has
been admitted to the bar by order of the supreme court in compliance with its
prescribed and published rules, in addition to any other sanction imposed for
a violation of this section, the court forthwith shall comply with section
2925.38 of the Revised Code.
(H) Notwithstanding any contrary provision of section 3719.21 of the Revised
Code, the clerk of court shall pay a fine imposed for a violation of this
section pursuant to division (A) of section 2929.18 of the Revised Code in
accordance with and subject to the requirements of division (F) of
section 2925.03 of the Revised Code. The agency that receives the fine shall
use the fine as
specified in division (F) of section 2925.03 of the Revised Code.
Sec. 2925.50. If a violation of this chapter is a violation of THE
federal narcotic DRUG ABUSE CONTROL laws, as defined in section
3719.01 of the Revised Code, a conviction
or acquittal under THE federal narcotic DRUG ABUSE
CONTROL laws for the same act is a bar to
prosecution in this state.
Sec. 2927.24. (A) As used in this section, "poison" and
"drug" have the same meanings:
(1) "POISON" HAS THE SAME MEANING AS IN SECTION 3719.01 of the Revised Code.
(2) "DRUG" HAS THE SAME MEANING as in section 4729.02
4729.01 of the Revised Code.
(B) Except as provided in division (D) of this section, no
person shall knowingly mingle a poison or other harmful substance
with a food, drink, nonprescription drug, prescription drug, or
pharmaceutical product, or knowingly place a poison or other
harmful substance in a spring, well, reservoir, or public water
supply, if the person knows or has reason to know that the food,
drink, nonprescription drug, prescription drug, pharmaceutical
product, or water may be ingested or used by another person. For
purposes of this division, a person does not know or have reason
to know that water may be ingested or used by another person if
it is disposed of as waste into a household drain including the
drain of a toilet, sink, tub, or floor.
(C) No person shall inform another person that a poison or
other harmful substance has been or will be placed in a food,
drink, nonprescription drug, prescription drug, or other
pharmaceutical product, spring, well, reservoir, or public water
supply, if the placement of the poison or other harmful substance
would be a violation of division (B) of this section, and the
person knows both that the information is false and that the
information likely will be disseminated to the public.
(D)(1) A person may mingle a drug with a food or drink for the purpose of
causing the drug to be ingested or used in the quantity described by its
labeling or prescription.
(2) A person may place a poison or other harmful substance in a spring, well,
reservoir, or public water supply in such quantity as is necessary to treat
the spring, well, reservoir, or water supply to make it safe for human
consumption and use.
(3) The provisions of division (A) of this section shall
not be applied in a manner that conflicts with any other state or
federal law or rule relating to substances permitted to be
applied to or present in any food, raw or processed, any milk or
milk product, any meat or meat product, any type of crop, water,
or alcoholic or nonalcoholic beverage.
(E)(1) Whoever violates division (B) of this section is
guilty of contaminating a substance for human consumption or use,
a felony of the first degree. If the offense involved an amount
of poison or other harmful substance sufficient to cause death if
ingested or used by a person or if the offense resulted in
serious physical harm to another person, whoever violates
division (B) of this section is guilty of an aggravated felony of
the first degree and shall be imprisoned for life.
(2) Whoever violates division (C) of this section is
guilty of spreading a false report of contamination, a felony of the fourth
degree.
Sec. 3313.713. (A) As used in this section:
(1) "Drug prescribed by a physician" means a drug
described in section 4729.02 4729.01 of the Revised Code that
is to be
administered pursuant to the instructions of the prescribing
physician, whether or not required by law to be sold only upon a
prescription.
(2) "Federal law" means the "Education For All Handicapped
Children Act of 1975," 89 Stat. 775, 20 U.S.C. 1401, as amended.
(B) The board of education of each city, local, exempted
village, and joint vocational school district, shall not later
than one hundred twenty days after the effective date of this
section, adopt a policy on the authority of its employees, when
acting in situations other than those governed by sections
2305.23, 2305.231, and 3313.712 of the Revised Code, to
administer drugs prescribed by physicians to students enrolled in
the schools of the district. The policy shall provide either
that:
(1) Except as otherwise required by federal law, no person
employed by the board shall, in the course of such employment,
administer any drug prescribed by a physician to any student
enrolled in the schools of the district.
(2) Designated persons employed by the board are
authorized to administer to a student a drug prescribed by a
physician for the student. Except as otherwise provided by
federal law, the board's policy may provide that certain drugs or
types of drugs shall not be administered or that no employee, or
no employee without appropriate training, shall use certain
procedures, such as injection, to administer a drug to a student.
(C) No drug prescribed by a physician for a student shall
be administered pursuant to federal law or a policy adopted under
division (B) of this section until the following occur:
(1) The board, or a person designated by the board,
receives a written request, signed by the parent, guardian, or
other person having care or charge of the student, that the drug
be administered to the student.
(2) The board, or a person designated by the board,
receives a statement, signed by the physician who prescribed the
drug, that includes all of the following information:
(a) The name and address of the student;
(b) The school and class in which the student is enrolled;
(c) The name of the drug and the dosage to be
administered;
(d) The times or intervals at which each dosage of the
drug is to be administered;
(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 the physician and one or more phone numbers at which the
physician can be reached in an emergency;
(h) Special instructions for administration of the drug,
including sterile conditions and storage.
(3) The parent, guardian, or other person having care or
charge of the student agrees to submit a revised statement signed
by the physician who prescribed the drug to the board or a person
designated by the board if any of the information provided by the
physician pursuant to division (C)(2) of this section changes.
(4) The person authorized by the board to administer the
drug receives a copy of the statement required by division (C)(2)
or (3) of this section.
(5) The drug is received by the person authorized to
administer the drug to the student for whom the drug is
prescribed it in the container in which it was dispensed
by the prescribing physician or a licensed pharmacist.
(6) Any other procedures required by the board are
followed.
(D) If a drug prescribed by a physician is administered to
a student, the board of education shall acquire and retain copies
of the written requests required by division (C)(1) and the
statements required by divisions (C)(2) and (3) of this section
and shall ensure that by the next school day following the
receipt of any such statement a copy is given to the person
authorized to administer drugs to the student for whom the
statement has been received. The board, or a person designated
by the board, shall establish a location in each school building
for the storage of drugs to be administered under this section
and federal law. All such drugs shall be stored in that location
in a locked storage place, except that drugs that require
refrigeration may be kept in a refrigerator in a place not
commonly used by students.
(E) No person who has been authorized by a board of
education to administer a drug and has a copy of the most recent
statement required by division (C)(2) or (3) of this section
given to him THE PERSON in accordance with division (D) of this
section prior to administering the drug is liable in civil damages for
administering or failing to administer the drug, unless such
person acts in a manner that constitutes gross negligence or
wanton or reckless misconduct.
(F) Whenever a board of education is required to designate
a person or persons to perform any function or functions in
connection with a drug policy adopted under this section, the
board may designate such persons either by name or by position,
training, qualifications, or similar distinguishing factors.
Nothing in this section shall be construed to require a
person employed by a board of education to administer a drug to a
student unless the board's policy adopted in compliance with this
section establishes such a requirement. A board shall not
require an employee to administer a drug to a student if the
employee objects, on the basis of religious convictions, to
administering the drug.
A policy adopted by a board of education pursuant to this
section may be changed, modified, or revised by action of the
board.
Nothing in this section affects the application of section
2305.23, 2305.231, or 3313.712 of the Revised Code to the
administration of emergency care or treatment to a student.
Sec. 3701.33. The public health council shall consist of the following seven
members to be appointed by the governor:
(A) Three physicians who are licensed to
practice medicine in the state;
(B) A pharmacist who has been granted a certificate IS LICENSED
to practice
pharmacy in the state;
(C) A registered nurse who is licensed to practice nursing as a
registered nurse in the state;
(D) A sanitarian who holds a valid certificate of registration as
a sanitarian issued under section 4736.11 of the Revised Code;
(E) A member of the public
who is not associated with or financially interested in the practice of
medicine, nursing, pharmacy, or environmental health and is at
least sixty years of age.
Terms of office shall be for seven years, commencing on the first
day of July and ending on the thirtieth day of June. Each member
shall hold office from the date of appointment until the end
of the term for which the member was appointed. Any member
appointed to
fill a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold office for
the remainder of such term. Any member shall continue in office
subsequent to the expiration date of the member's term until
a THE MEMBER'S successor takes office, or until a period of
sixty days has elapsed,
whichever occurs first.
The council shall meet four times each
year and may meet at such other times as the business of the
council requires. The time and place for holding regular
meetings shall be fixed in the bylaws of the council. Special
meetings may be called upon the request of any four members of
the council or upon request of the director of health, and may be
held at any place considered advisable by the council or
director. Four members of the council constitute a quorum
for the transaction of business. The council, on or before the
first day of July of each year, shall designate the member who
shall act as its chairman CHAIRPERSON for the ensuing year. The
director,
upon request of the council, shall detail an officer or employee
of the department of health to act as secretary of the council,
and shall detail such other employees as the council requires.
The members of the council shall be paid the rate established
pursuant to division (J) of section 124.15 of the Revised Code
while in conference and shall be reimbursed their necessary and
reasonable traveling and other expenses incurred in the
performance of their regular duties.
Sec. 3709.161. (A) The board of health of a city or
general health district may procure a policy or policies of
insurance insuring the members of the board, the health
commissioner, and the employees of the board against liability on
account of damage or injury to persons and property resulting
from any act or omission that occurs in
the individual's official
capacity as a member or employee of the board or resulting solely
out of such membership or employment.
(B)(1) As used in this division, "health care
professional" means all of the following:
(a) A dentist or dental hygienist
licensed under Chapter 4715. of the Revised Code;
(b) A registered nurse or licensed practical nurse licensed under Chapter
4723. of the Revised Code;
(c) A person authorized LICENSED under Chapter 4729. of the
Revised Code
to practice as a pharmacist;
(d) A person authorized under Chapter 4730. of the Revised Code to practice
as a physician assistant;
(e) A person authorized under Chapter
4731. of the Revised Code to practice medicine
and surgery, osteopathic medicine and surgery, or podiatry;
(f) A psychologist licensed under
Chapter 4732. of the Revised Code;
(g) A veterinarian licensed under Chapter 4741. of the Revised Code;
(h) A speech-language pathologist or audiologist licensed under Chapter 4753.
of the Revised Code;
(i) An occupational therapist, physical therapist, physical
therapist assistant, or athletic trainer licensed under
Chapter 4755. of the Revised Code;
(j) A professional clinical counselor, professional
counselor, independent social worker, or social worker licensed
under Chapter 4757. of the Revised Code;
(k) A dietician licensed under Chapter 4759. of the Revised Code.
(2) The board of health of a city or general health
district may purchase liability insurance for a health care
professional with whom the board contracts for the provision of
health care services against liability on account of damage or
injury to persons and property arising from the health care
professional's performance of services under the contract. The
policy shall be purchased from an insurance company licensed to
do business in this state, if such a policy is available from
such a company. The board of health of a city or general health
district shall report the cost of the liability insurance policy
and subsequent increases in the cost to the director of health on
a form prescribed by the director.
Sec. 3715.01. (A) As used in sections 3715.01 to 3715.72
of the Revised Code THIS CHAPTER:
(1) "Director" means the director of agriculture.
(2) "Board of pharmacy" means the board of pharmacy as
defined in and established by section 4729.01 of the Revised
Code.
(3) "Public health council" means the public health
council as defined in and established by section 3701.33 of the
Revised Code.
(4)(2) "Person" means an individual, partnership,
corporation, or association.
(5)(3) "Food" means:
(a) Articles used for food or drink for humans or
animals;
(b) Chewing gum;
(c) Articles used for components of any such articles.
(6)(4) "Drug" means:
(a) Articles recognized in the official United States
pharmacopoeia, AND national formulary, or any supplement TO
THEM;
(b) Articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or
animals;
(c) Articles, other than food, intended to affect the
structure or any function of the body of humans or other
animals;
(d) Articles intended for use as a component of any such OF THE
FOREGOING
articles but does not include, OTHER THAN devices or
their components, parts,
or accessories.
(7)(5) "Device," except when used in division (B)(1) of this
section and in division (B)(A)(10) of section 3715.52,
division (F) of
section 3715.60, division (A)(5) of section 3715.64, and division
(C) of section 3715.67 of the Revised Code, means any instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component, part, or accessory, that is any of the following:
(a) Recognized in an official compendium THE UNITED
STATES PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO
THEM;
(b) Intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or prevention
of disease in humans or other animals;
(c) Intended to affect the structure or any function of
the body of humans or animals, and that does
not
achieve any
of its principal intended purposes through chemical action within
or on the body of humans or animals and is not
dependent upon
being metabolized for the achievement of any of its principal
intended purposes.
(8)(6) "Cosmetic" means:
(a) Articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance;
(b) Articles intended for use as a component of any such
article, except that such term "COSMETIC" does not
include soap.
(9) "Official compendium" means the official United States
pharmacopoeia, national formulary, or any supplement.
(10)(7) "Label" means a display of written, printed, or
graphic matter upon the immediate container, exclusive of package
liners, of any articles ARTICLE.
Any word, statement, or other information required by
sections 3715.01 to 3715.72 of the Revised Code THIS CHAPTER to
appear on the
label must appear on the outside container or wrapper, if any, of
the retail package of such THE article, or such
THE label must be easily
legible through the outside container or wrapper.
(11)(8) "Labeling" means all labels and other written,
printed, or graphic matter:
(a) Upon an article or any of its containers or wrappers;
(b) Accompanying such article.
(12)(9) "Advertisement" means all representations
disseminated in any manner or by any means, other than by
labeling, for the purpose of inducing, or which THAT are likely
to
induce, directly or indirectly, the purchase of food, drugs,
devices, or cosmetics.
(13)(10) "New drug" means:
(a) Any drug the composition of which is such that such THE
drug is not generally recognized among experts qualified by
scientific training and experience to evaluate the safety of
drugs, as safe for use under the conditions prescribed,
recommended, or suggested in the labeling thereof;
(b) Any drug the composition of which is such that such THE
drug, as a result of investigation to determine its safety for
use under such conditions, has become so recognized, but which
THAT
has not, otherwise OTHER than in such investigations
AN INVESTIGATION, been used to a
material extent or for a material time under such conditions.
(14)(11) "Contaminated with filth" applies to any food, drug,
device, or cosmetic THAT HAS not BEEN protected as far as may be
necessary by
all reasonable means from dust, dirt, and all foreign or
injurious substances.
(15) "Federal act" means the "Federal Food, Drug and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
(16)(12) "Honey" means the nectar and saccharine exudation of
plants that has been gathered, modified, and stored in a
honeycomb by honeybees.
(17)(13) "Finished dosage form" means the form of a drug that
is, or is intended to be, dispensed or administered to humans or
animals and requires no further manufacturing or processing other
than packaging, reconstituting, or labeling.
(18)(14)(a) "Manufacture" means the planting, cultivating,
harvesting, processing, making, preparing, or otherwise engaging
in any part of the production of a dangerous drug by propagating,
compounding, converting, or processing, either directly or
indirectly by extracting from substances of natural origin, or
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any THE
FOLLOWING:
(i) ANY packaging
or repackaging of the drug or labeling or relabeling of its
container, THE PROMOTION AND MARKETING OF THE DRUG, and
other activities incident to
production, except
that this term;
(ii) THE PREPARATION AND PROMOTION OF COMMERCIALLY AVAILABLE
PRODUCTS FROM BULK COMPOUNDS FOR RESALE BY PHARMACIES, LICENSED HEALTH
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, OR OTHER PERSONS.
(b) "MANUFACTURE" does not include the preparation,
compounding,
packaging, or labeling of a dangerous drug by a pharmacist as an
incident to dispensing EITHER OF THE FOLLOWING:
(i) DISPENSING a dangerous drug in the usual course of
professional practice;
(ii) PROVIDING A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS WITH A DRUG FOR THE PURPOSE OF ADMINISTERING TO PATIENTS OR
FOR USING THE DRUG IN TREATING PATIENTS IN THE PROFESSIONAL'S OFFICE.
(19)(15) "Dangerous drug" has the SAME meaning
given AS in division
(D) of section 4729.02 4729.01 of the Revised Code.
(20)(16) "Generically equivalent drug" means a drug that
contains identical amounts of the identical active ingredients in
the identical dosage forms, but not necessarily containing the
same inactive ingredients, that meets the identical compendial or
other applicable standard of identity, strength, quality, and
purity, including potency, and where applicable, content
uniformity, disintegration times, or dissolution rates, as the
prescribed brand name drug and the manufacturer or distributor
holds, if applicable, either an approved new drug application or
an approved abbreviated new drug application unless other
approval by law or from the federal food and drug administration
is required.
No drug shall be considered a generically equivalent drug
for the purposes of sections 3715.01 to 3715.72 of the Revised
Code THIS CHAPTER if it has been listed by the federal food and
drug
administration as having proven bioequivalence problems.
(17) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS"
HAS THE SAME MEANING AS IN SECTION 4729.02 of the Revised Code.
(B) For the purposes of sections 3715.52 to 3715.72 of the
Revised Code:
(1) If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then in determining whether the
labeling or advertisement is misleading, there shall be taken
into account, among other things, not only representations made
or suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequence which may
result from the use of the article to which the labeling or
advertisement relates under the conditions of use prescribed in
the labeling or advertisement thereof or under such conditions of
use as are customary or usual.
(2) The provisions regarding the selling of food, drugs,
devices, or cosmetics include the manufacture, production,
processing, packing, exposure, offer, possession, and holding of
any such article for sale; and the sale, dispensing, and giving
of any such article, and the supplying or applying of any such
articles in the conduct of any food, drug, or cosmetic
establishment, but. THE PROVISIONS do not prohibit
the
administering or
dispensing of a drug or device by a member of the medical,
dental, or veterinary profession in good faith in the course of
professional practice only A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS FROM ADMINISTERING OR PERSONALLY FURNISHING A DRUG OR DEVICE
TO A PATIENT.
(3) The representation of a drug, in its labeling or
advertisement, as an antiseptic is a representation that it is a
germicide, except in the case of a drug purporting to be, or
represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or such other use as
THAT involves prolonged contact with the body.
(4) Whenever jurisdiction is vested in the director OF AGRICULTURE or
the
STATE board of pharmacy, the jurisdiction of the board of
pharmacy
shall be limited to the sale, offering for sale, giving away,
delivery, or dispensing in any manner of drugs at the wholesale
and retail levels or to the consumer and shall be exclusive in
the case of such sale, offering for sale, giving away, delivery,
or dispensing in any manner of drugs at the wholesale and retail
levels or to the consumer in any place where prescriptions are
dispensed or compounded.
(C)(5) To assist in effectuating the provisions of
THOSE sections
3715.52 to 3715.72 of the Revised Code, the director OF
AGRICULTURE or STATE board of
pharmacy may request assistance or data from any government or
private agency or individual.
Sec. 3715.03. The director of agriculture, in the performance of
his PERFORMING duties
UNDER THIS CHAPTER, may enter a creamery, factory, store
salesroom, drugstore PHARMACY, laboratory, or
other place where he THE DIRECTOR believes or has reason to
believe drugs, food, or drink
is made, prepared, dispensed, sold, or offered for sale; examine the books
therein; and open a cask, tub, jar, bottle, or other package containing or
supposed to contain a drug or an article of food or drink and examine THE
CONTENTS or cause
THEM to be examined and analyzed the contents thereof.
Sec. 3715.52. (A) As used in sections 3715.52 to 3715.72
of the Revised Code, "practitioner" has the same meaning as in
section 4729.02 of the Revised Code.
(B) The following acts and causing them are prohibited:
(1) The manufacture, sale, or delivery, holding or
offering for sale of any food, drug, device, or cosmetic that is
adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug,
device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or
cosmetic that is adulterated or misbranded, and the delivery or
proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or
offering for sale of any article in violation of section 3715.61
or 3715.65 of the Revised Code;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to
permit the taking of a sample, as authorized by section 3715.70
of the Revised Code;
(7) The giving of a guaranty or undertaking which guaranty
or undertaking THAT is false, except by a person who relied on a
guaranty or undertaking to the same effect signed by, and
containing the name and address of the person residing in this
state from whom the person received in good faith the food,
drug, device,
or cosmetic;
(8) The removal or disposal of a detained or embargoed
article in violation of section 3715.55 of the Revised Code;
(9) The alteration, mutilation, destruction, obliteration,
or removal of the whole or any part of the labeling of, or the
doing of any other act with respect to a food, drug, device, or
cosmetic, if such THE act is done while such THE
article is held for sale
and results in such THE article being misbranded;
(10) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp,
tag, label, or other identification device authorized or required
by regulations promulgated under RULES ADOPTED PURSUANT TO
sections 3715.52 to 3715.72 of
the Revised Code;
(11) The using, on the labeling of any drug or in any
advertisement relating to such A drug, of any representation or
suggestion that any application with respect to such THE drug is
effective under section 3715.65 of the Revised Code or that such
THE
drug complies with the provisions of such THAT section;
(12) The sale, offering for sale, giving away, or delivery
at retail or to the consumer without a prescription from a
practitioner of any drug which under federal or Ohio law can be
sold only on prescription;
(13) The using by any person to the person's own advantage,
or revealing, other than to the director of agriculture or to the
courts when relevant in any judicial proceeding under sections
3715.52 to 3715.72 of the Revised Code, any information acquired
under authority of sections 3715.01 and 3715.52 to 3715.72 of the
Revised Code, concerning any information which THAT as a trade
secret is entitled to protection;
(14)(13) The issuance by the manufacturer, packer, or
distributor of a dangerous drug of any advertisements,
catalogues, or price lists, except those lists specifically
designed for disseminating price change information, that do not
contain in clearly legible form the name and place of business of
the manufacturer who mixed the final ingredients and if
different, the manufacturer who produced the drug in its finished
dosage form and, if different, the packer or distributor.
(C)(B)(1) No person at a flea market shall sell, offer for
sale, or knowingly permit the sale of any of the following
products:
(a) Baby food, infant formula,
or similar products;
(b) Any drug, cosmetic, or device;
(c) Any product on which is printed or stamped an
expiration date or a date recommended by the manufacturer as
either the last day on which the product should be offered for
sale or the last day on which the product should be used.
(2) Division (C)(B)(1) of this section does
not apply to a person who keeps
available for public inspection an identification card
identifying the person as an authorized
representative of the manufacturer or distributor of any drug,
cosmetic, or device, as long as the card
is not false, fraudulent, or fraudulently obtained.
(3) Division (C)(B)(1)(c) of this
section does not apply to a person or governmental entity that is licensed as
a food service operation under Chapter 3732. of the Revised
Code or is listed in division (A)(9) or (12) of section
3732.01 of the Revised Code.
(4) As used in division (C)(B)(1) of this section,
"flea market" means any location, other than a permanent retail store, at
which space is rented or otherwise made available to others for the conduct of
business as transient or limited vendors as defined in section 5739.17 of the
Revised Code.
Sec. 3715.53. In addition to the remedies provided and irrespective of
whether or not there exists an adequate remedy at law, the director of
agriculture or the STATE board of pharmacy is hereby authorized to
apply to the
court of common pleas in the county wherein any of the provisions of section
3715.52 of the Revised Code are being violated for a temporary or permanent
injunction restraining any person from such COMMITTING THE
violation.
Sec. 3715.54. (A) No person shall be subject to the penalties prescribed in
section 3715.99 of the Revised Code for violating division
(B)(A)(1) or (3) of
section 3715.52 of the Revised Code if he THE PERSON established
a guaranty or
undertaking signed by, and containing the name and address of, the
person
residing in this state from whom he THE PERSON received in good
faith the article, to the
effect that such THE article is not adulterated or misbranded
within the meaning
of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code.
(B) No publisher, radio-broadcast licensee, or agency or medium for the
dissemination of an advertisement, except the manufacturer, packer,
distributor, or seller of the article to which a false advertisement relates,
shall be liable under this section by reason of the dissemination by
him of such A false advertisement.
Sec. 3715.55. (A) As used in this section, "expired" means:
(1) In the case of a drug, that the expiration date required by 21
C.F.R. 211.137 has passed;
(2) In the case of infant formula, the "use by" date
required by 21
C.F.R.
107.20 has passed;
(3) In the case of baby food, that any expiration date,
"use by" date, or sale date established by state or federal law
or marked on the container by the manufacturer, processor, or
packager has passed.
(B) Whenever the director of agriculture or
the STATE board of pharmacy finds or has cause to believe, that any
food, drug, device, or cosmetic is adulterated, or so misbranded
as to be dangerous or fraudulent, within the meaning of sections
3715.01 and 3715.52 to 3715.72 of the Revised Code,
or that a drug, infant formula, or baby food is expired, the
director or board shall affix
to such THE article a tag or other appropriate
marking, giving notice that such THE article is, or is suspected
of
being, adulterated, misbranded, or expired and
has been detained or
embargoed, and warning all persons not to remove or dispose of
such THE article by sale or otherwise until permission for
removal or
disposal is given by the director or the board or the
court. No person may remove or dispose of such A detained or
embargoed article by sale or otherwise without such permission.
(C) When an article detained or embargoed has been found
by the director or the board of pharmacy to be adulterated,
misbranded, or expired, the director or board shall petition
the municipal or county court in
whose jurisdiction the article is detained or embargoed for an
order for condemnation of such THE article. When the director
or the
board has not found within ten days that an article
so detained or embargoed is adulterated, misbranded,
or expired, the director or board shall
remove the tag or other marking.
(D) If the court finds that a detained or embargoed
article is adulterated, misbranded, or expired,
such THE article shall, after
entry of the decree, be destroyed at the expense of the claimant
thereof, under the supervision of the director or the board, and all court
costs, fees, storage, and other proper
expenses shall be taxed against the claimant of such THE article
or
the claimant's agent; provided, that when the adulteration
or
misbranding
can be corrected by proper labeling or processing of the article,
the court, after entry of the decree and after such costs, fees,
and expenses have been paid and a good and sufficient bond,
conditioned that such THE article shall be so labeled or
processed,
has been executed, may by order direct that such THE article be
delivered to the claimant thereof for such labeling or processing
under the supervision of the director or the board. The
expense of such supervision shall be paid by the claimant. Such
THE bond shall be
returned to the claimant of the article on
representation to the court by the director or the board that the article is
no
longer in violation of sections
3715.01 and 3715.52 to 3715.72 of the Revised Code,
and that the expenses of such supervision have been paid.
(E) Whenever the director finds in any room, building,
vehicle of transportation, or other structure, any meat, sea
food, poultry, vegetable, fruit, or other perishable articles
which THAT are unsound, or contain any filthy, decomposed, or
putrid
substance, or which THAT may be poisonous or deleterious to
health or
otherwise unsafe, such THE articles are declared to be a
nuisance,
and the director shall forthwith condemn or destroy the same
ARTICLES, or
in any other manner render the same ARTICLES unsalable as human
food.
Sec. 3715.56. The attorney general, prosecuting attorney, or city director of
law to whom the director of agriculture or the STATE board of pharmacy
reports any
violation of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code,
shall cause appropriate proceedings to be instituted in the proper court
without delay and to be prosecuted in the manner required by law.
Before THE DIRECTOR OF AGRICULTURE, BEFORE REPORTING any
violation of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code,
is reported to any such attorney for the institution of a criminal
proceeding, SHALL GIVE the person against whom the proceeding is
contemplated shall be given appropriate notice and an opportunity to
present his views TESTIMONY before the director or the
board of pharmacy, either orally or in writing, in person, or by attorney,
with regard to the contemplated proceeding.
Sec. 3715.57. Nothing in sections 3715.01 and 3715.52 to 3715.72,
inclusive,
of the Revised Code, shall be construed as requiring the director of
agriculture or the STATE board of pharmacy to report minor violations
for the
institution of proceedings under sections 3715.01 and 3715.52 to 3715.72,
inclusive, of the Revised Code, whenever the director or the board
of pharmacy
believes that the public interest will be adequately served in the
circumstances by a suitable written notice or warning.
Sec. 3715.59. Food is adulterated within the meaning of sections 3715.01,
3715.02, and
3715.52 to 3715.72 of the Revised Code, if ANY OF THE FOLLOWING APPLY:
(A) It bears or contains any poisonous or deleterious substance which
THAT may
render it injurious to health; but in case the substance is not an added
substance, such THE food shall not be considered adulterated if
the quantity of
such THE substance in such THE food does not
ordinarily render it injurious to health.
(B) It bears or contains any added poisonous or added deleterious substance
which THAT is unsafe within the meaning of section 3715.62 of
the Revised Code.
(C) It consists in whole or in part of a diseased, contaminated, filthy,
putrid, or decomposed substance, or if it is otherwise unfit for food.
(D) It has been produced, processed, prepared, packed, or held under
insanitary UNSANITARY conditions whereby it may have become
contaminated with filth, or
whereby it may have been rendered diseased, unwholesome, or injurious to
health.
(E) It is the product of a diseased animal or an animal which
THAT has died
otherwise than by slaughter, or AN ANIMAL that has been fed upon the
uncooked offal from
a slaughterhouse.
(F) Its container is composed, in whole or in part, of any poisonous or
deleterious substance which THAT may render the contents
injurious to health.
(G) Any valuable constituent has been, in whole or in part, omitted or
abstracted therefrom FROM THE FOOD.
(H) Any substance has been substituted wholly or in part therefor
FOR THE FOOD.
(I) Damage or inferiority has been concealed in any manner.
(J) Any substance has been added thereto TO or mixed or packed
therewith WITH THE FOOD so as
to increase its bulk or weight, or reduce its quality or
strength, or make it
appear better or of greater value than it is.
(K) It is confectionery, and it bears or contains any alcohol or
nonnutritive
article or substance except OTHER THAN harmless coloring,
harmless flavoring, harmless
resinous glaze not in excess of four-tenths of one per cent, harmless natural
wax not in excess of four-tenths of one per cent, harmless natural gum,
and OR
pectin; provided, EXCEPT that this division shall not apply to
any confectionery by
reason of its containing less than one-half of one per cent by volume of
alcohol derived solely from the use of flavoring extracts, or to any chewing
gum by reason of its containing harmless nonnutritive masticatory substances.
(L) It bears or contains a coal-tar color other than one from a batch
which has been certified under authority of the "Federal Food,
Drug, and Cosmetic Act.," 52 STAT.
1040 (1938), 21 U.S.C.A. 301, AS AMENDED.
Sec. 3715.63. A drug or device is adulterated within the meaning of sections
3715.01 and 3715.52 to 3715.72, inclusive, of the Revised Code, if
ANY OF THE FOLLOWING APPLY:
(A) It consists, in whole or in part, of any filthy, putrid, or decomposed
substance.
(B) It has been produced, processed, prepared, packed, or held under
insanitary UNSANITARY conditions whereby it may have been
contaminated with filth, or
whereby it may have been rendered injurious to health.
(C) It is a drug and its container is composed, in whole or in part, of any
poisonous or deleterious substance which THAT may render the
contents injurious to
health.
(D) It is a drug and it bears or contains, for purposes of coloring only, a
coal-tar color other than one from a batch certified under the
authority of
the "Federal Food, drug DRUG, and Cosmetic
Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301,
AS AMENDED.
(E) It purports to be or is represented as a drug the name of which is
recognized in an official compendium
THE UNITED STATES PHARMACOPOEIA AND NATIONAL FORMULARY,
OR
ANY SUPPLEMENT TO THEM, and its strength differs from, or its
quality or purity falls below the standard set forth in such compendium
THOSE COMPENDIUMS. Such A
determination as to strength, quality, or purity shall be made in accordance
with the tests or methods of assay set forth in such compendium THE
COMPENDIUMS, or in the
absence or inadequacy of such tests or methods of assay, those prescribed
under the authority of the federal act. No "FEDERAL
FOOD, DRUG, AND COSMETIC ACT."
A drug defined RECOGNIZED in an official
compendium THE COMPENDIUMS is NOT adulterated under this
division
because it differs from the
standard of strength, quality, or purity therefor set forth FOR THAT
DRUG in such
compendium THE COMPENDIUMS, if its THE difference in
strength, quality,
or purity from such
standard is plainly stated on its label. Whenever a drug is recognized in
both the United States pharmacopoeia and the homoeopathic pharmacopoeia
of the
United States AND IN THE UNITED STATES
PHARMACOPOEIA AND NATIONAL FORMULARY, INCLUDING THEIR SUPPLEMENTS, it
shall be subject to the
requirements of the United States pharmacopoeia AND
NATIONAL FORMULARY unless it is labeled and offered for sale as a
homoeopathic
drug, in which case it shall be subject to the provisions of the homoeopathic
pharmacopoeia of the United States and not to those of the
United States pharmacopoeia AND NATIONAL FORMULARY.
(F) It is not subject to the provisions of division (E) of this section, and
its strength differs from, or its purity or quality falls below that
which it
purports or is represented to possess.
(G) It is a drug and any substance has been:
(1) Mixed or packed therewith WITH THE DRUG so as to reduce
its THE DRUG'S quality or strength;
(2) Substituted wholly or in part therefor FOR THE DRUG.
Sec. 3715.64. (A) A drug or device is misbranded within
the meaning of sections 3715.01 and 3715.52 to 3715.72 of the
Revised Code, if:
(1) Its labeling is false or misleading in any particular.
(2) It is in package form and does not bear a label
containing BOTH OF THE FOLLOWING:
(a) In clearly legible form, the name and place of business
of the manufacturer, packer, or distributor;
(b) An accurate statement of the quantity of the contents
in terms of weight, measure, or numerical count; but reasonable
variations shall be permitted, and exemptions as to small
packages shall be APPLY AS established by regulations
prescribed RULES
ADOPTED by the director of agriculture OR STATE BOARD OF PHARMACY.
(3) It is a dangerous drug and does not bear a label
containing in clearly legible form the name and place of business
of the manufacturer of the finished dosage form and, if
different, the packer or distributor.
(4) It is a dangerous drug in finished solid oral dosage
form, unless AND it has DOES NOT HAVE clearly and
prominently marked or imprinted
on it an individual symbol, company name, national drug code
number or other number, words, letters, or any combination
thereof, identifying the drug and its manufacturer or
distributor. This requirement does not apply to drugs that are
compounded by a registered LICENSED pharmacist. The
manufacturer or
distributor of each such drug shall make available to the state
board of pharmacy descriptive material identifying the mark or
imprint used by the manufacturer or distributor. The board of
pharmacy shall provide this information to all poison control
centers in the THIS state. Upon application by a manufacturer
or
distributor, the board may exempt a drug from the requirements of
this division on the grounds that marking or imprinting such
drugs THE DRUG is not feasible because of its size, texture, or
other
unique characteristic.
(5) Any word, statement, or other information THAT IS required by
or under authority of sections 3715.01 and 3715.52 to 3715.72 of
the Revised Code, to appear on the label or labeling is not
prominently placed thereon with such conspicuousness ON THE LABEL OR
LABELING IN A CONSPICUOUS MANNER, as compared
with other words, statements, designs, or devices, in ON the
LABEL OR labeling, and in such terms as to THAT
render it likely to be read and
understood by the ordinary individual under customary conditions
of purchase and use.
(6) It is for use by man and contains any quantity of the
narcotic or hypnotic substance alpha-eucaine, barbituric acid,
beta-eucaine, bromal, cannabis, cabromal, chloral, coca, cocaine,
codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote,
or sulphonmethane, or any chemical derivative of such substance,
which derivative has been found by the director to
be, and by
regulations proposed by the director and adopted by the
public health council designated as, habit forming,
unless its label
bears the name and quantity or proportion of such substance or
derivative and in juxtaposition therewith the statement "Warning
-- May be habit forming."
(7) It is a drug and it is not designated solely by a name
recognized in an official compendium
THE UNITED STATES PHARMACOPOEIA AND NATIONAL FORMULARY,
OR
ANY SUPPLEMENT TO THEM, unless its label bears:
(a) The common or usual name of the drug, if any;
(b) In case it is fabricated from two or more ingredients,
the common or usual name of each active ingredient THE DRUG CONTAINS,
including the
kind and quantity or proportion of any alcohol, and also
including whether active or not, the name and quantity or
proportion of any bromides, ether, chloroform, acetanalid,
acetophenetidin, aminopyrine, atropine, hyoscine, hyoscyamine,
arsenic, digitalis, digitalis glycosides, mercury,
ouabain, strophanthin, strychnine, thyroid, or any derivative or
preparation of any such substances, contained therein; but to the
extent that compliance with these requirements is impracticable,
exemptions shall be APPLY AS established by regulations
proposed by the
director and RULES adopted by the public health council
DIRECTOR OF AGRICULTURE OR STATE BOARD OF PHARMACY.
(8)(7) Its labeling does not bear THE FOLLOWING:
(a) Adequate directions for use OF THE DRUG OR DEVICE, EXCEPT THAT WHEN
COMPLIANCE WITH THIS REQUIREMENT IS NOT NECESSARY FOR A PARTICULAR DRUG OR
DEVICE TO PROTECT THE PUBLIC HEALTH, THE DIRECTOR SHALL ADOPT RULES EXEMPTING
THE DRUG OR DEVICE FROM THE REQUIREMENT;
(b) Such adequate ADEQUATE warnings against use in those
pathological conditions or by children where WHEN its use may be
dangerous to health, or against unsafe dosage or methods or
duration of administration or application, PRESENTED in such
A manner and
form, as are necessary for the protection of users;
(c) Where compliance with any requirements of division
(A)(8)(a) of this section, as applied to any drug or device, is
not necessary for the protection of the public health, the
director shall propose and the public health council shall adopt
regulations exempting such drug or device from such requirements.
(9)(8) It purports to be a drug the name of which is
recognized in an official compendium, unless THE UNITED
STATES PHARMACOPOEIA AND NATIONAL
FORMULARY, OR ANY SUPPLEMENT TO THEM, AND it is NOT packaged and
labeled as prescribed therein, but IN THOSE COMPENDIUMS, EXCEPT
THAT the method of packing may be
modified with the consent of the director OF AGRICULTURE. Whenever a
drug is
recognized in both the United States pharmacopoeia and the
homoeopathic pharmacopoeia of the United States AND IN THE
UNITED STATES PHARMACOPOEIA AND NATIONAL FORMULARY,
INCLUDING THEIR SUPPLEMENTS, it
shall be
subject to the requirements of the United States pharmacopoeia
AND NATIONAL FORMULARY with respect to packaging and labeling unless it
is labeled and
offered for sale as a homoeopathic drug, in which case it shall
be subject to the provisions of the homoeopathic pharmacopoeia of
the United States, and not to those of the United States
pharmacopoeia AND NATIONAL FORMULARY.
(10)(9) It has been found by the director OF
AGRICULTURE to be a drug
liable
to deterioration, unless it is packaged in such THE form and
manner,
and its label bears a statement of such precautions, as required
by regulations proposed by the director and RULES adopted by the
public
health council DIRECTOR as necessary for the protection of public
health. No such regulation RULE shall be established for any
drug recognized in an official compendium
THE UNITED STATES PHARMACOPOEIA AND NATIONAL FORMULARY,
OR
ANY SUPPLEMENTS TO THEM, until the director has informed the
appropriate body BODIES charged with the revision of such
compendium THOSE COMPENDIUMS of the need for such packaging
or
labeling requirements and such body has THOSE BODIES HAVE failed
within a reasonable time to prescribe such
requirements.
(11)(10)(a) It is a drug and its container is so made,
formed,
or filled as to be misleading.
(b) It is an imitation of another drug.
(c) It is offered for sale under the name of another drug.
(d) The drug sold or dispensed is not the brand or drug
specifically prescribed or ordered or, when dispensed by a
pharmacist upon prescription, is neither the brand or drug
prescribed nor a generically equivalent drug.
(12)(11) It is dangerous to health when used in the dosage,
or
with the frequency or duration prescribed, recommended, or
suggested in the ITS labeling thereof.
(13)(12) It is a drug intended for HUMAN use by
man TO which
THE FOLLOWING APPLY:
(a) Because of its toxicity or other potentiality for
harmful effect, or the method of its use, or the collateral
measures necessary to its use, THE DRUG is not safe for use except
under
the supervision of a practitioner, or person
licensed to prescribe any drug which, under the federal act,
federal narcotic law, as defined in section 4729.02 of the
Revised Code, and under sections 3715.01 to 3715.75, or Chapter
3719. of the Revised Code, may be dispensed only upon a
prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE
DRUGS;
(b) Is THE DRUG IS limited by an effective application under
section 505 of the "Federal Food, Drug, and Cosmetic Act," 52
STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, to use
under professional supervision by a practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, unless it is dispensed only:
(i) Upon a written OR ELECTRONIC prescription of a
practitioner;
(ii) Upon the AN oral prescription of a
practitioner,
which is reduced promptly to writing by the
pharmacist;
(iii) By refilling any such written or oral A prescription
if such refilling is authorized by the prescriber either in the
original prescription or by oral order, which is promptly reduced
to writing by the pharmacist.
(B) Any drug dispensed by filling or refilling PURSUANT TO a
written, ELECTRONIC,
or oral prescription of a practitioner, or
person licensed to prescribe any drug which, under the
federal act, federal narcotic law, as defined in section
4729.02 of the Revised Code, or
under sections 3715.01 to 3715.75, or Chapter
3719. of the Revised Code, may be dispensed only upon a
prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE
DRUGS shall be exempt
from the requirements of division
(A) of this section, except divisions (A)(1) and
(11)(10) of this
section, if the drug bears a label containing the name and address of
the
dispenser, the serial number and THE date of the prescription
or its filling IS DISPENSED, the name of the prescriber, and,
if stated in the prescription, the name
of the patient, and, IF STATED IN THE PRESCRIPTION, the
directions for use and cautionary statements, if any, contained in the
prescription. Unless the prescription directions
prohibit labeling, the label shall include the brand name of the drug
dispensed. If the drug dispensed has no brand name, the generic name and
the distributor of the finished dosage form shall be included. This
exemption shall not apply to any drug dispensed in the course of the
conduct of a business of dispensing drugs pursuant to diagnosis by mail.
Sec. 3715.65. (A) No person shall sell, deliver, offer
for sale, hold for sale, or give away any new drug unless:
(1) An application with respect thereto TO THE DRUG has become
effective under section 505 of the "Federal Food, Drug, and
Cosmetic Act.," 52 STAT. 1040 (1938), 21
U.S.C.A. 301, AS AMENDED.
(2) When such IF THE drug is not subject to the federal
act unless it "FEDERAL FOOD, DRUG, AND
COSMETIC ACT," THE DRUG has been tested and has
been found to be safe for use
under the conditions prescribed, recommended, or suggested in the
ITS
labeling thereof, and, prior to selling THE DRUG or offering
IT for sale such
drug, there has been filed with the director of agriculture an
application setting forth ALL OF THE FOLLOWING:
(a) Full reports of investigations which THAT have been made to
show whether or not such THE drug is safe for use;
(b) A full list of the articles used as components of such THE
drug;
(c) A full statement of the DRUG'S composition of such drug;
(d) A full description of the methods used in, and the
facilities and controls used for, the manufacture, processing,
and packing of such THE drug;
(e) Such samples of such SAMPLES, AS THE DIRECTOR MAY REQUIRE, OF
THE drug and of the articles used as
components thereof as the director may require OF THE DRUG;
(f) Specimens of the labeling proposed to be used for such THE
drug.
(B) An application provided for in division (A)(2) of this
section shall become effective sixty days after the filing
thereof IT IS FILED, except that if the director finds after due
notice to
the applicant and after giving him THE APPLICANT an opportunity
for a hearing,
that the drug is not safe for use under the conditions
prescribed, recommended, or suggested in the DRUG'S proposed labeling
thereof, he THE DIRECTOR shall, prior to the effective
date of the application, issue an order refusing to permit the application to
become effective. THE ORDER MAY BE REVOKED BY THE DIRECTOR.
(C) This section does not apply to THE FOLLOWING:
(1) A drug intended solely for investigational use by
experts qualified by scientific training and experience to
investigate the safety in OF drugs provided THAT the drug
is plainly
labeled "For investigational use only";
(2) A drug sold in this state at any time prior to the
enactment of sections 3715.01 and 3715.52 to 3715.72, inclusive,
of the Revised Code, or introduced into interstate commerce at
any time prior to the enactment of the federal act
"FEDERAL FOOD, DRUG, AND
COSMETIC ACT";
(3) Any drug which THAT is licensed under the "Public Health
Service Act," of July 1, 1944 (42 U.S.C. Supp. V 201)
58 STAT. 682 (1944), 42 U.S.C.A. 301, AS
AMENDED, or under the
"Animal Virus-Serum-Toxin Law ACT," of
March 4, 1913 (21 U.S.C. 151)
37 STAT. 832 (1913), 21 U.S.C.A. 151, AS AMENDED.
(D) An order refusing to permit an application under this
section to become effective may be revoked by the director.
Sec. 3715.66. (A) A cosmetic is adulterated within the meaning of
sections
3715.01 and 3715.52 to 3715.72, inclusive, of the Revised Code, if:
(A)(1) It bears or contains any poisonous or deleterious
substance which THAT may
render it injurious to users under the conditions of use prescribed in the
labeling or advertisement thereof OF THE COSMETIC, or under
such conditions of use as THAT are
customary or usual; provided, EXCEPT that this provision does
not apply to coal-tar
hair dye, the IF BOTH OF THE FOLLOWING CONDITIONS ARE MET:
(a) THE label of which bears the following legend
conspicuously
displayed thereon: "Caution-This
product
contains ingredients which may cause
skin irritation on certain individuals and a preliminary test according to
accompanying directions should first be made. This product must not be used
for dyeing the eyelashes or eyebrows; to do so may cause
blindness,." and the
(b) THE labeling of which bears adequate directions
for such preliminary testing. For
the purpose of this division and division (E) of this section the term "hair
dye" does not include eyelash dyes or eyebrows dyes.
(B)(2) It contains, in whole or in part, any filthy, putrid
or decomposed
substance.
(C)(3) It has been produced, processed, prepared, packed, or
held under
insanitary UNSANITARY conditions whereby it may have become
contaminated with filth, or
whereby it may have been rendered injurious to health.
(D)(4) Its container is composed, in whole or in part, of any
poisonous or
deleterious substance which THAT may render the contents
injurious to health.
(E)(5) It is not a hair dye and it bears or contains a
coal-tar color other than
one from a batch which has been certified under authority of the
"Federal
Food, Drug, and Cosmetic Act.," 52 STAT. 1040
(1938), 21
U.S.C.A. 301, AS AMENDED.
(B) FOR PURPOSES OF DIVISIONS (A)(1) AND (5) OF THIS
SECTION, "HAIR DYE" DOES NOT INCLUDE EYELASH DYE OR EYEBROW DYE.
Sec. 3715.69. The authority to adopt rules for the
enforcement of
section 3715.02, divisions
(E), (G), (H), and (I) of section 3715.60,
division
(A)(2) of section 3715.64, and section 3715.67 of the Revised Code is vested
in the director of agriculture. The authority to adopt
rules for the
enforcement of sections 3715.01 and 3715.52 to 3715.72 of
the
Revised Code, excluding divisions (E), (G), (H), and
(I) of
section 3715.60, division (A)(2) of section 3715.64, and section 3715.67 of
the Revised Code, is vested in the public health council, provided that
the rules are first proposed for adoption by the
director OF AGRICULTURE or the STATE board of
pharmacy. The rules adopted in so far as
practicable shall conform with
those THE REGULATIONS promulgated under the "Federal Food,
Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301-395 (1996) 301, AS AMENDED.
Sec. 3715.70. (A) The director of agriculture or the STATE
board of
pharmacy shall have free access at all reasonable hours to any
factory, warehouse, or establishment in which foods, drugs,
devices, or cosmetics are manufactured, processed, packed, or
held for introduction into commerce, or to enter any vehicle
being used to transport or hold such foods, drugs, devices, or
cosmetics in commerce, for the purpose FOLLOWING PURPOSES:
(A) Of inspecting such (1) TO INSPECT THE factory,
warehouse, establishment,
or vehicle to determine if any of the provisions of sections
3715.01 or 3715.52 to 3715.72, inclusive, of the Revised Code,
are being violated;
(B)(2) To secure samples of specimens of any food,
drug, device, or cosmetic after paying or offering to pay for such
sample.
(B) The director or the board of pharmacy shall make or cause
to be made examinations of samples secured under the provisions
of this section to determine whether or not any provisions of
sections 3715.01 and 3715.52 to 3715.72, inclusive, of the
Revised Code, are being violated.
Sec. 3715.71. (A) The director of agriculture or the STATE
board of pharmacy may
cause to be published from time to time reports summarizing all judgments,
decrees, and court orders which THAT have been rendered under
sections 3715.01 and
3715.52 to 3715.72, inclusive, of the Revised Code, including the
nature of
the charge and the disposition thereof.
(B) The director or the board of pharmacy may also cause
to be
disseminated
such ANY information regarding food, drugs, devices, and
cosmetics as THAT the director
or the board of pharmacy deems necessary in the interest of
public health and
the protection of the consumer against fraud. Nothing
NOTHING in this section shall
be construed to prohibit the director or the board of pharmacy
from
collecting, reporting, and illustrating the results of the
investigations of CONDUCTED BY
the director or the board of pharmacy.
Sec. 3715.73. (A) All fines or forfeited bonds assessed and collected under
prosecution by the director of agriculture or prosecution commenced by the
director in enforcement of sections 3715.01 to 3715.72, inclusive, of the
Revised Code, THIS CHAPTER shall, within thirty days, be paid to
the director and by him THE DIRECTOR
paid into the state treasury.
(B) All fines or forfeited bonds assessed and collected under prosecution by
the STATE board of pharmacy or prosecution commenced by the board in
enforcement of
sections 3715.01 to 3715.72, inclusive, of the Revised Code, THIS
CHAPTER shall, within
thirty days, be paid to the secretary EXECUTIVE DIRECTOR of the
board and by him THE EXECUTIVE DIRECTOR paid into the
state treasury.
Sec. 3719.01. As used in this chapter:
(A) "Administer" means the direct application of a drug,
whether by injection, inhalation, ingestion, or any other means
to a person or an animal.
(B) "Board" means the state board of pharmacy established
by section 4729.01 of the Revised Code.
(C) "Drug enforcement administration" means the drug
enforcement administration of the United States department of
justice or its successor agency.
(D)(C) "Controlled substance" means a drug, compound,
mixture, preparation, or substance included in schedule I, II,
III, IV, or V.
(E)(D) "Dangerous drug" has the same meaning as in section
4729.02 4729.01 of the Revised
Code.
(F)(E) "Dispense" means to sell, leave with, give away,
dispose
of, or deliver.
(G)(F) "Distribute" means to deal in, ship, transport, or
deliver but does not include administering or dispensing a drug.
(H)(G) "Drug" has the same meaning as in section
4729.02 4729.01
of
the Revised Code.
(I)(H) "Drug abuse offense," "felony drug abuse offense,"
"cocaine," and
"hashish" have the same meanings as in section 2925.01 of
the Revised Code.
(J)(I) "Federal drug abuse control laws" means the
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84
Stat. 1242, 21 U.S.C. 801, as amended.
(K)(J) "Hospital" means an institution for the care and
treatment of the sick and injured that is certified by the
department of
health and approved by the state board of pharmacy as proper to
be entrusted with the custody of controlled substances and the
professional use of controlled substances under the direction of
a practitioner or pharmacist.
(L)(K) "Hypodermic" means a hypodermic syringe or needle, or
other instrument or device for the injection of
medication.
(M)(L) "Isomer"," except as otherwise expressly
stated, means
the optial OPTICAL isomer.
(N)(M) "Laboratory" means a laboratory approved by the state
board of pharmacy as proper to be entrusted with the custody of
controlled substances and the use of controlled substances for
scientific and clinical purposes and for purposes of instruction.
(O)(N) "Manufacturer" means a person who plants,
cultivates,
harvests, processes, makes, prepares, or otherwise engages in any
part of the production of MANUFACTURES a controlled substance by
propagation,
compounding, conversion, or processing, either directly or
indirectly by extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging
or repackaging of the substance or labeling or relabeling of its
container and other activities incident to production, except
that a "manufacturer" does not include a pharmacist who prepares,
compounds, packages, or labels a controlled substance as an
incident to dispensing a controlled substance in accordance with
a prescription and in the usual course of professional practice,
AS "MANUFACTURE" IS DEFINED IN SECTION 3715.01 of the Revised Code.
(P)(O) "Marihuana" means all parts of a plant of the genus
cannabis, whether growing or not; the seeds
of a plant of that type; the resin extracted from a part of a plant of that
type; and every compound, manufacture, salt, derivative, mixture, or
preparation of a
plant of that type or of its seeds or resin. "Marihuana" does not include the
mature stalks
of the plant, fiber produced from the stalks, oils or cake made
from the seeds of the plant, or any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks,
except the resin extracted from the mature stalks, fiber, oil or cake, or the
sterilized seed of the plant that is incapable of germination.
(Q)(P) "Narcotic drugs" means coca leaves, opium,
isonipecaine, amidone, isoamidone, ketobemidone, as defined in
this division, and every substance not chemically distinguished
from them and every drug, other than cannabis, that may be
included in the meaning of "narcotic drug" under the federal drug
abuse control laws. "Coca AS USED IN THIS DIVISION:
(1) "COCA leaves" includes cocaine and any
compound, manufacture, salt, derivative, mixture, or preparation
of coca leaves, except derivatives of coca leaves, that do DOES
not
contain cocaine, ecgonine, or substances from which cocaine or
ecgonine may be synthesized or made. "Isonipecaine
(2) "ISONIPECAINE" means any
substance identified chemically as
1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or
any salt thereof, by whatever trade name designated. "Amidone
(3) "AMIDONE"
means any substance identified chemically as
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by
whatever trade name designated. "Isoamidone
(4) "ISOAMIDONE" means any substance
identified chemically as
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt
thereof, by whatever trade name designated. "Ketobemidone
(5) "KETOBEMIDONE" means
any substance identified chemically as
4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone
hydrochloride, or any salt thereof, by whatever trade name
designated.
(R) of that nature of that nature "Nurse" means a person licensed to
engage in the practice of nursing in this state.
(S)(Q) "Official written order" means an order written on a
form provided for that purpose by the director of the United
States drug enforcement administration, under any laws of the
United States making provision for the order, if the order forms are
authorized and required by federal law.
(T)(R) "Opiate" means any substance having an
addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability.
"Opiate" does not
include, unless specifically designated as controlled under
section 3719.41 of the Revised Code, the dextrorotatory isomer of
3-methoxy-N-methylmorphinian
3-METHOXY-N-METHYLMORPHINAN and its salts
(dextro-methorphan).
"Opiate" does include its racemic and levoratory forms.
(U)(S) "Opium poppy" means the plant of the species papaver
somniferum L., except its seeds.
(V)(T) "Person" means any individual, corporation,
government, governmental
subdivision or agency, business trust, estate,
trust, partnership, association, or other legal entity.
(W)(U) "Pharmacist" means a person registered with the
board as a compounder and dispenser of drugs LICENSED UNDER
CHAPTER 4729. of the Revised Code TO ENGAGE IN THE PRACTICE OF PHARMACY.
(X)(V) "Pharmacy" means any area, room, rooms, place of
business, department, or portion of any of the foregoing, where
prescriptions are filled or where drugs, dangerous drugs, or
poisons are compounded, sold, offered, or displayed for sale,
dispensed, or distributed to the public HAS THE SAME MEANING AS IN
SECTION 4729.02 of the Revised Code.
(W) "POISON" MEANS ANY DRUG, CHEMICAL, OR PREPARATION LIKELY TO
BE DELETERIOUS OR DESTRUCTIVE TO ADULT HUMAN LIFE IN QUANTITIES OF FOUR GRAMS
OR LESS.
(Y)(X) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(Z) "Practitioner" means the following:
(1) A person who is licensed pursuant to Chapter 4715.,
4731., or 4741. of the Revised Code and authorized by law to
write prescriptions for drugs or dangerous drugs;
(2) An advanced practice nurse authorized under section
4723.56 of the Revised Code to prescribe drugs and therapeutic
devices.
(AA) "Prescription" means a written or oral order for a
controlled substance for the use of a particular person or a
particular animal given by a practitioner in the course of
professional practice and in accordance with the regulations
promulgated by the director of the United States drug enforcement
administration pursuant to the federal drug abuse control laws.
(BB)(Y) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN SECTION
4729.01 of the Revised Code.
(Z) "Registry number" means the number assigned to each
person registered under the federal drug abuse control laws.
(CC)(AA) "Sale" includes delivery, barter, exchange,
transfer, or gift, or offer thereof, and each transaction of those natures
made by any
person, whether as principal, proprietor, agent, servant, or
employee.
(DD)(BB) "Schedule I," "schedule II," "schedule III,"
"schedule IV," and "schedule V" mean controlled substance
schedules I, II, III, IV, and V, respectively, established
pursuant to section 3719.41 of the Revised Code, as amended
pursuant to section 3719.43 or 3719.44 of the Revised Code.
(EE)(CC) "Wholesaler" means a person who, on official written
orders other than prescriptions, supplies controlled substances
that the person has not manufactured, produced, or prepared
personally and includes a "wholesale distributor of dangerous drugs" as
defined in section 4729.02 4729.01 of the Revised Code.
(FF)(DD) "Animal shelter" means a facility operated by a
humane society or any society organized under Chapter 1717. of
the Revised Code or a dog pound operated pursuant to Chapter 955.
of the Revised Code.
(GG)(EE) "Terminal distributor of dangerous drugs" has the
same meaning as in section 4729.02 4729.01 of the Revised
Code.
(HH)(FF) "Category III license" means a license issued to a
terminal distributor of dangerous drugs as set forth in section
4729.54 of the Revised Code.
(II)(JJ)(GG) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 3719.011. As used in the Revised Code:
(A) "Drug of abuse" means any controlled substance as
defined in section 3719.01 of the Revised Code, any harmful
intoxicant as defined in section 2925.01 of the Revised Code, and
any dangerous drug as defined in section 4729.02 4729.01 of
the Revised
Code.
(B) "Drug dependent person" means any person who, by
reason of the use of any drug of abuse, is physically,
psychologically, or physically and psychologically dependent upon
the use of such drug, to the detriment of his THE PERSON'S
health or welfare.
(C) "Person in danger of becoming a drug dependent person"
means any person who, by reason of his THE PERSON'S habitual or
incontinent use of any drug of abuse, is in imminent danger of becoming a drug
dependent
person.
Sec. 3719.05. (A) As used in this section and section
3719.06 of the Revised Code:
(1) "Dentist" means a person licensed under Chapter 4715.
of the Revised Code to practice dentistry.
(2) "Physician" means a person holding a valid certificate
issued under Chapter 4731. of the Revised Code authorizing him to practice
medicine and surgery, osteopathic medicine and surgery,
or podiatry.
(3) "Veterinarian" means a person licensed under Chapter
4741. of the Revised Code to practice veterinary medicine.
(B) A pharmacist may dispense schedule II controlled
substances to any person upon a written prescription given by a
dentist, physician, or veterinarian and schedule III or IV
controlled substances to any person upon a written or oral
prescription given by a practitioner. Each written prescription
shall be properly executed, dated, and signed by the person
prescribing on the day when issued and bearing the full name and
address of the patient for whom, or of the owner of the animal
for which, the schedule II controlled substance is dispensed, and
the full name, address, and registry number under the federal
drug abuse control laws of the person prescribing. If the
prescription is for an animal, it shall state the species of
animal for which the drug is prescribed ISSUED IN ACCORDANCE WITH
SECTION 3719.06 of the Revised Code.
The WHEN DISPENSING CONTROLLED SUBSTANCES, A PHARMACIST SHALL ACT IN
ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF PHARMACY AND IN ACCORDANCE
WITH THE FOLLOWING:
(1) THE prescription shall
be retained on file by the owner of the pharmacy in which it is
filled for a period of two THREE years, so as to be readily
accessible
for inspection by any public officer or employee engaged in the
enforcement of Chapter 2925., 3719., or 4719. 4729. of the
Revised
Code. Each
(2) EACH oral prescription shall be recorded by the
pharmacist
and such THE record shall show the name and address of the
patient
for whom, or of the owner of the animal for which the schedule
III or IV controlled substance is dispensed, the full name,
address, and registry number under the federal drug abuse control
laws of the practitioner prescribing PRESCRIBER, the name of the
schedule III or IV controlled substance dispensed, the amount
dispensed,
and the date when dispensed. Such THE record shall be retained
on
file by the owner of the pharmacy in which it is filled for a
period of two THREE years. No
(3) A SCHEDULE II CONTROLLED SUBSTANCE SHALL BE
DISPENSED ONLY UPON A WRITTEN PRESCRIPTION, EXCEPT THAT IT MAY BE DISPENSED
UPON AN ORAL PRESCRIPTION IN EMERGENCY SITUATIONS AS PROVIDED IN THE FEDERAL
DRUG ABUSE CONTROL LAWS.
(4) A prescription for a schedule II
controlled substance shall NOT be refilled. Prescriptions
(5) PRESCRIPTIONS for
schedule III and IV controlled substances may be refilled not
more than five times in a six-month period from the date the
prescription is given by a practitioner PRESCRIBER.
(C)(B) The legal owner of any stock of schedule II controlled
substances in a pharmacy, upon discontinuance of dealing in said
THOSE
drugs, may sell said THE stock to a manufacturer, wholesaler, or
owner of a pharmacy registered under the federal drug abuse
control laws pursuant to an official written order.
(D) A pharmacist may dispense, upon
an official written
order to a practitioner in quantities not exceeding
one ounce at
any one time, aqueous or oleaginous solutions of which
the
content of narcotic drugs does not exceed a proportion greater
than twenty per cent of the complete solution, to be used for
medicinal purposes.
(E) Notwithstanding division (B) of this section, schedule II controlled
substances may be dispensed orally and without the written prescription of a
dentist, physician, or veterinarian in emergency situations as prescribed
under the federal drug abuse control laws.
Sec. 3719.06. (A) A dentist or physician licensed to
prescribe, dispense, and administer controlled substances to a
human being LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS,
IF ACTING in the course of his
professional practice, IN ACCORDANCE WITH THE LAWS REGULATING THE
PROFESSIONAL'S PRACTICE, AND IN ACCORDANCE WITH RULES ADOPTED BY THE STATE
BOARD OF PHARMACY, may do the following:
(1) Prescribe schedule II controlled substances by a
written prescription;
(2) Prescribe schedule, III or, IV, AND
V controlled substances by a written or oral prescription;
(3)(2) Administer or dispense PERSONALLY FURNISH TO
PATIENTS schedule II, III, or
IV, AND
V
controlled substances;
(4)(3) Cause schedule II, III, and IV, AND
V
controlled substances
to be administered under his THE PRESCRIBER'S
direction and supervision.
(B) No dentist or physician LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS shall prescribe, dispense, or
administer, OR PERSONALLY FURNISH a schedule III anabolic
steroid for the purpose of
human muscle building or enhancing human athletic performance
AND NO PHARMACIST SHALL DISPENSE A SCHEDULE III ANABOLIC STEROID
FOR EITHER PURPOSE, unless it has been approved for that purpose
under the "Federal
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.
301, as amended. Each
(C) EACH written prescription shall be PROPERLY
EXECUTED, dated, and
signed by the dentist or physician prescribing PRESCRIBER on the
day
when
issued and shall bear the full name and address of the person for
whom, OR THE OWNER OF THE ANIMAL FOR WHICH, the
controlled
substance is prescribed and the full name,
address, and registry number under the federal drug abuse control
laws of the person prescribing PRESCRIBER. IF THE
PRESCRIPTION IS FOR AN ANIMAL, IT
SHALL STATE
(B) A veterinarian licensed to prescribe, dispense, and
administer controlled substances to an animal in the course of
his professional practice may do the following:
(1) Prescribe schedule II controlled substances by a
written prescription;
(2) Prescribe schedule III or IV controlled substances by
a written or oral prescription;
(3) Administer and dispense schedule II, III, or IV
controlled substances;
(4) Cause schedule II, III, and IV controlled substances
to be administered by an assistant or orderly under his
direction
and supervision.
Each written prescription shall be dated and signed by the
veterinarian prescribing on the day when issued and shall bear
the full name and address of the owner of the animal, the species
of the animal for which the controlled substance is prescribed,
and the full name, address, and registry number under the federal
drug abuse control laws of the veterinarian prescribing.
(C) An advanced practice nurse approved under section
4723.56 of the Revised Code to prescribe controlled substances
may prescribe by written or oral prescription any schedule III or
IV controlled substance that is recommended by the formulary
committee for advanced practice nurses and included in the
formulary established by rules adopted under section 4723.58 of
the Revised Code. No advanced practice nurse shall prescribe a
schedule III anabolic steroid for the purpose of human muscle
building or enhancing human athletic performance unless it is
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
Each written prescription shall be dated and signed by the
advanced practice nurse issuing the prescription on the day
issued and shall bear the full name and address of the person for
whom the controlled substance is prescribed and the advanced
practice nurse's full name, address, and registry number under
the federal drug abuse control laws.
Any person, who has obtained from a practitioner any
controlled substance for administration to a human being or an
animal during the absence of such practitioner, shall return to
such practitioner any unused portion of such drug, when it is no
longer required by such human being or animal.
Sec. 3719.07. (A) AS USED IN THIS SECTION, "DESCRIPTION" MEANS THE
DOSAGE FORM, STRENGTH, AND QUANTITY, AND THE BRAND NAME, IF ANY, OR THE
GENERIC NAME, OF A DRUG OR CONTROLLED SUBSTANCE.
(B)(1) Every practitioner, or other person who
is authorized to administer or use controlled substances,
LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS shall
keep a record of all such drugs CONTROLLED SUBSTANCES received
by him, and a record of
all such drugs CONTROLLED SUBSTANCES administered, dispensed, or
used by him, otherwise OTHER
than by prescription. EVERY OTHER PERSON, EXCEPT A PHARMACIST,
MANUFACTURER, OR WHOLESALER, WHO IS AUTHORIZED TO PURCHASE AND USE CONTROLLED
SUBSTANCES SHALL KEEP A RECORD OF ALL CONTROLLED SUBSTANCES PURCHASED AND USED
OTHER
THAN BY PRESCRIPTION. THE RECORDS SHALL BE KEPT
in accordance with the provisions of
division (E)(C)(1) of this section. The keeping of a
record of the
quantity, character, and potency of solutions or other
preparations purchased or made up by a practitioner or other
person using small quantities of solutions or other preparations
of controlled substances for local application, and of the dates
when purchased or made up, without keeping a record of the amount
of such solution or other preparation applied by him
to individual patients is a sufficient
compliance with this division.
No record need be kept of schedule V controlled substances
administered, dispensed, or used in the treatment of any one
person or animal, when the amount administered, dispensed, or
used for that purpose does not exceed in any forty-eight
consecutive hours:
(1) One hundred twenty-five milligrams of opium;
(2) Thirty milligrams of morphine or of any of its salts;
(3) Two hundred fifty milligrams of codeine or any of its
salts;
(4) One hundred twenty-five milligrams of dihydrocodeine
or any of its salts;
(5) Thirty milligrams of ethylmorphine or any of its
salts;
(6) A quantity of any other schedule V controlled
substances or any combination of schedule V controlled substances
that does not exceed in pharmacologic potency any one of the
drugs named above in the quantity stated.
(B)(2) Manufacturers and wholesalers shall keep records of
all controlled substances compounded, mixed, cultivated, grown,
or by any other process produced or prepared by them, and of all
controlled substances received or dispensed SOLD by
them,. THE RECORDS SHALL BE KEPT in accordance with
division (F)(C)(2) of this section.
(C)(3) Every category III terminal distributor of dangerous
drugs shall keep
records of all
controlled substances received or dispensed by
them, SOLD. THE RECORDS SHALL BE KEPT in
accordance with division (G)(C)(3) of this section.
(D)(4) Every person who SELLS OR purchases for
resale, or who
dispenses schedule V controlled substances exempted by
section
3719.15 of the Revised Code shall keep a record showing the
quantities and kinds thereof received, dispensed, or disposed of
otherwise, SOLD. THE RECORDS SHALL BE KEPT in accordance with
divisions (E)(C)(1), (F)(2), and
(G)(3) of this
section.
(E) Every practitioner or other person, except a
pharmacist, manufacturer, or wholesaler, authorized to administer
or use controlled substances shall keep a record of all
controlled substances received, administered, dispensed, or used
which (C)(1) THE RECORDS REQUIRED BY DIVISIONS
(B)(1) AND (4)
OF THIS SECTION shall contain THE FOLLOWING:
(1)(a) The description of all controlled substances received,
the name and
address of the person from whom received, and the date of
receipt;
(2)(b) The description of controlled substances
administered, dispensed, PURCHASED, SOLD, or
used,; the date of
administering,
dispensing, PURCHASING, SELLING, or using,; the
name and address
of the person to whom,
or for whose use, or the owner and species of the animal for
which the controlled substance was administered, dispensed, PURCHASED,
SOLD, or
used.
(F) Every manufacturer and wholesaler shall keep a record
of all controlled substances compounded, mixed, cultivated,
grown, or by any other process produced or prepared, received, or
dispensed by him which (2) THE RECORDS REQUIRED BY DIVISIONS
(B)(2)
AND (4) OF THIS SECTION shall
contain THE FOLLOWING:
(1)(a) The description of all drugs CONTROLLED
SUBSTANCES
produced or prepared, the name and address of the person from
whom received, and the date of receipt;
(2)(b) The description of controlled substances
dispensed SOLD, the name and address of each person to whom a
controlled substance is dispensed SOLD, the amount of the
controlled
substance dispensed SOLD to each person, and the date it was
so
dispensed SOLD.
(G) Every category III terminal distributor of dangerous drugs shall keep
a record of all controlled substances received or dispensed by him
which (3) THE RECORDS REQUIRED BY DIVISIONS (B)(3)
AND (4)
OF THIS SECTION shall contain THE FOLLOWING:
(1)(a) The description of controlled substances
received, the name and address of the person from whom controlled
substances are received, and the date of receipt,;
(2)(b) The name and place of residence of each person to whom
controlled substances, including those otherwise exempted by
section 3719.15 of the Revised Code, are dispensed SOLD,
the description of such THE
controlled substances dispensed SOLD to each person,
the date such THE controlled substances are dispensed
SOLD to each
person,
and the name and address of the practitioner prescribing drugs to
the person to whom they are dispensed.
(D) Every such record REQUIRED BY THIS SECTION shall
be kept for a period of two THREE years
and the date of the transaction recorded.
The keeping of a record required by or under the federal
drug abuse control laws, containing substantially the same
information as specified in this section, constitutes compliance
with this section.
Every person who purchases for resale or who sells
controlled substance preparations exempted by section 3719.15 of
the Revised Code shall keep the record required by or under the
federal drug abuse control law LAWS.
As used in this section, "description" means the dosage form, strength, and
quantity, and the brand name, if any, or the generic name of a drug or
controlled substance.
Sec. 3719.08. (A) Whenever a manufacturer dispenses SELLS a
controlled substance, and whenever a wholesaler dispenses SELLS
a
controlled substance in a package prepared by him THE
WHOLESALER HAS PREPARED, he THE MANUFACTURER OR WHOLESALER
shall securely
affix to each package in which such THE controlled substance is
contained a label
showing in legible English the name and address of the vendor and the
quantity, kind, and form of
controlled substance contained therein. No person, except a
pharmacist for the purpose of filling DISPENSING A CONTROLLED
SUBSTANCE UPON a prescription under
Chapter 3719. of the Revised Code shall alter, deface, or remove
any label so affixed.
(B) Whenever EXCEPT AS PROVIDED IN DIVISION (C) OF THIS
SECTION, WHEN a pharmacist dispenses any controlled
substance on a prescription issued by a practitioner, or a
practitioner dispenses any controlled substance in the course of
his practice, he FOR USE BY A PATIENT, OR SUPPLIES A CONTROLLED
SUBSTANCE TO A LICENSED HEALTH PROFESSIONAL FOR USE BY THE
PROFESSIONAL IN PERSONALLY FURNISHING PATIENTS WITH CONTROLLED SUBSTANCES, THE
PHARMACIST shall affix to the container
in which such THE controlled substance is dispensed,
OR SUPPLIED a label showing THE FOLLOWING:
(1) His own name and
address, or the THE name and address of the owner of the
pharmacy for whom
he is acting DISPENSING OR SUPPLYING THE CONTROLLED SUBSTANCE;
(2) The
name of the patient for whom the controlled
substance is prescribed or AND, if the patient is an animal, the
name
of the owner and the species of the animal;
(3) The name of the practitioner by whom the prescription
was written or by whom the drug was dispensed PRESCRIBER;
(4) Such ALL directions as may be FOR USE
stated on the prescription or provided by the practitioner on usage
of the drugPRESCRIBER;
(5) The date on which the prescription was filled or
refilled, whichever date is later CONTROLLED SUBSTANCE WAS DISPENSED OR
SUPPLIED;
(6) THE NAME, QUANTITY, AND STRENGTH OF THE CONTROLLED SUBSTANCE AND, IF
APPLICABLE, THE NAME OF THE DISTRIBUTOR OR MANUFACTURER.
(C) The requirements of division (B) of this section do not
apply when a controlled substance is prescribed OR SUPPLIED for
administration to an ultimate user who is institutionalized.
(C)(D) A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS WHO PERSONALLY FURNISHES A CONTROLLED SUBSTANCE TO A PATIENT
SHALL COMPLY WITH DIVISION (B) OF SECTION 4729.29 of the Revised Code WITH RESPECT
TO LABELING AND PACKAGING OF THE CONTROLLED SUBSTANCE.
(E) No person shall alter, deface, or remove any label so
affixed PURSUANT TO THIS SECTION as long as any of the original
contents remain.
(D)(F) Every label for a schedule II, III, or IV drug
CONTROLLED SUBSTANCE shall
contain the following warning:
"Caution: federal law prohibits the transfer of this drug
to any person other than the patient for whom it was
prescribed."
Sec. 3719.09. Possession or control of controlled
substances is authorized in the following instances and subject to the
following conditions:
(A) Possession of controlled substances in the course of
business by a manufacturer, wholesaler, practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS,
pharmacist,
category III terminal distributor of dangerous drugs, or other person
authorized to administer, dispense, or possess controlled substances
under THIS CHAPTER OR
Chapter 3719. or 4729. of the Revised Code;
(B) Possession by any person of any schedule V narcotic
drug exempted under section 3719.15 of the Revised Code, where
the quantity of the drug does not exceed two grains ONE HUNDRED
THIRTY MILLIGRAMS of opium,
one-half grain THIRTY-TWO AND FIVE-TENTHS MILLIGRAMS of morphine
or any of its salts, four grains TWO HUNDRED SIXTY MILLIGRAMS of
codeine or any of its salts, two grains ONE HUNDRED THIRTY
MILLIGRAMS of dihydrocodeine or any
of its salts, or one-half grain THIRTY-TWO AND FIVE-TENTHS
MILLIGRAMS of ethylmorphine or any of its
salts, or, in the case of any other schedule V controlled
substance or any combination of narcotic drugs, where the
quantity does not exceed in pharmacologic potency any one of the
drugs named above in the quantity stated;
(C) Possession by any person of any controlled substance that the
person obtained pursuant to a prescription issued by a practitioner
LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or
that was obtained for the person pursuant to a prescription issued by a
practitioner AN AUTHORIZED PRESCRIBER, when the drug is in a
container
regardless of whether the
container is
the original container in which the drug was dispensed TO THAT PERSON
directly or indirectly BY A PHARMACIST OR PERSONALLY SUPPLIED
to that person BY THE PRESCRIBER;
(D) Possession in the course of business of combination drugs that contain
pentobarbital and at least one noncontrolled substance active ingredient, in a
manufactured dosage form, the only indication of which is for
euthanizing animals, or
other substance that the state veterinary medical licensing board and the
state board of pharmacy both approve under division (A) of section 4729.532 of
the Revised Code, by an agent or employee of an animal shelter who is
authorized by the licensure of the animal shelter with the state board of
pharmacy to purchase and possess the drug solely for use as specified in that
section. As used in this division, "in the course of business" means
possession or use at an establishment described in a license issued under
section 4729.54 of the Revised Code, or outside that establishment when
necessary because of a risk to the health or safety of any person, provided
that the substance is in a quantity no greater than reasonably could be used
to alleviate the risk, is in the original manufacturer's container, and is
returned to the establishment as soon as possible after the risk has passed.
Sec. 3719.12. Unless a report has been made pursuant to section
2929.24 of the Revised
Code, on the conviction of a manufacturer, wholesaler, practitioner,
pharmacist, physician assistant, or nurse TERMINAL DISTRIBUTOR OF
DANGEROUS DRUGS, PHARMACIST, PHARMACIST INTERN, DENTIST, DOCTOR OF MEDICINE OR
OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED PRACTICAL NURSE,
PHYSICIAN ASSISTANT, OPTOMETRIST, OR VETERINARIAN of the violation of
this chapter or Chapter 2925. of the
Revised Code, the prosecutor in the case, on forms provided by the
board,
promptly shall report the conviction to the board that licensed,
certified, or
registered the manufacturer,
wholesaler, practitioner, pharmacist, physician assistant, or
nurse PERSON to practice or to carry on
business. THE RESPONSIBLE BOARD SHALL PROVIDE FORMS TO THE
PROSECUTOR. Within thirty days of
the receipt of this information, the board shall
initiate action in accordance
with Chapter 119. of the Revised Code to determine whether to suspend or
revoke the PERSON'S license, certificate, or registration.
Sec. 3719.121. (A) Except as otherwise provided in
section 4723.28 or 4731.22 of the Revised Code, the license, certificate, or
registration of any practitioner,
nurse, physician assistant, pharmacist, manufacturer, or
wholesaler, PHARMACIST, PHARMACY INTERN, DENTIST, DOCTOR OF MEDICINE
OR OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED PRACTICAL
NURSE, PHYSICIAN ASSISTANT, OPTOMETRIST, OR VETERINARIAN who is or becomes
addicted to the use of controlled substances, shall be
suspended by the board that authorized the person's license,
certificate,
or registration until the person offers satisfactory proof
to the board that the person no longer is addicted to the use of
controlled substances.
(B) If the board under which a
person has been issued a license, certificate, or
evidence of registration
determines that there is clear and
convincing evidence that continuation of the person's professional
practice or method of distributing SUPPLYING controlled
substances
presents a danger of immediate and serious harm to others, the board
may suspend the person's license, certificate, or
registration without a hearing.
Except as otherwise provided in sections 4715.30, 4723.281, 4730.25,
and
4731.22 of the Revised Code, the board shall follow the procedure
for suspension without a prior hearing in
section 119.07 of the Revised Code. The suspension shall remain in
effect, unless removed by the board, until the board's final
adjudication order becomes effective, except that if the board
does not issue its final adjudication order within ninety days
after the hearing, the suspension shall be void on the
ninety-first day after the hearing.
(C) On receiving notification pursuant to section 2929.24
or 3719.12 of the Revised Code, the board under which a person has been
issued a license, certificate, or evidence of registration
immediately
shall suspend the license, certificate,
or registration of that person on a plea of guilty
to,
a finding by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a
finding by a court of the person's eligibility for treatment
in lieu of conviction; a
plea of guilty to, or a finding by a jury or court of
the person's guilt of, or the person's conviction of
an offense in another jurisdiction that is essentially the same as a
felony drug abuse offense; or a finding by a court of
the person's eligibility for treatment in lieu of conviction in another
jurisdiction. The board shall notify the holder of the license,
certificate, or registration of the suspension, which shall
remain in effect
until the board holds an adjudicatory hearing
under Chapter 119. of the Revised Code.
Sec. 3719.15. Except as specifically provided in Chapters THIS
CHAPTER AND CHAPTER 2925. and 3719. of the Revised
Code, such chapters shall not
apply, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THOSE
CHAPTERS, to the following cases:
(A) Where a practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS administers or dispenses; SUPPLIES,
or
where a pharmacist or owner of a pharmacy sells at retail, any
medicinal preparation that contains in one fluid ounce THIRTY
MILLILITERS, or if a
solid or semisolid preparation, in one avoirdupois ounce THIRTY
GRAMS, OF ANY OF THE FOLLOWING:
(1) Not more than two grains ONE HUNDRED THIRTY MILLIGRAMS of
opium;
(2) Not more than one quarter of a grain SIXTEEN AND TWENTY-FIVE
ONE HUNDRETHS MILLIGRAMS of morphine or of
any of its salts;
(3) Not more than one grain SIXTY-FIVE MILLIGRAMS of codeine or
of any of its
salts;
(4) Not more than one-half grain THIRTY-TWO AND FIVE-TENTHS
MILLIGRAMS of dihydrocodeine or any
of its salts;
(5) Not more than one-quarter grain SIXTEEN AND TWENTY-FIVE ONE
HUNDRETHS MILLIGRAMS of ethylmorphine or
any of its salts.
Each preparation mentioned SPECIFIED in divisions (A)(1), (2),
(3), (4), and (5) of this section shall in addition contain one or
more non-narcotic active medicinal ingredients in sufficient
proportion to confer upon the preparation valuable medicinal
qualities other than those possessed by the narcotic drug alone.
(6) Pharmaceutical preparations in solid form containing
not more than two and five-tenths milligrams diphenoxylate and
not less than twenty-five micrograms atropine sulfate per dosage
unit.
(B) Where a practitioner PRESCRIBER administers or
dispenses; SUPPLIES,
or where a pharmacist sells at retail, liniments, ointments, and
other preparations, that are susceptible of external use only and
that contain narcotic drugs in such A combination as prevent
their THAT PREVENTS THE DRUGS FROM
being readily extracted from such THE liniments, ointments, or
preparations, except that such sections THIS CHAPTER AND
CHAPTER 2925. of the Revised Code shall apply to
all
liniments, ointments, and other preparations, that contain coca
leaves in any quantity or combination.
The medicinal preparation, or the liniment, ointment, or
other preparation susceptible of external use only, prescribed,
administered, dispensed, SUPPLIED, or sold, shall contain, in
addition to
the narcotic drug in it, some drug or drugs conferring upon it
medicinal qualities other than those possessed by the narcotic
drug alone. Such THE preparation shall be prescribed,
administered,
compounded, dispensed, SUPPLIED, and sold in good faith as a
medicine, and
not for the purpose of evading such sections THIS CHAPTER OR
CHAPTER 2925. of the Revised Code.
Sec. 3719.172. (A) Possession of a hypodermic is
authorized for THE FOLLOWING:
(1) Any A manufacturer or distributor of, or dealer in,
hypodermics or medication packaged in hypodermics, and any
authorized agent or employee of such THAT manufacturer,
distributor,
or dealer, in the regular course of business;
(2) A hospital, owner of a pharmacy, or pharmacist TERMINAL
DISTRIBUTOR OF DANGEROUS DRUGS, in the
regular course of business;
(3) Any practitioner, nurse, or other A person authorized to
administer injections, in the regular course of the person's
profession or
employment;
(4) Any A person, when the hypodermic was
lawfully obtained and is kept and used for the purpose of
self-administration of insulin or other drug prescribed by a
practitioner for the treatment of disease BY A LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;
(5) Any A person whose use of a hypodermic is for legal
research, clinical, educational, or medicinal purposes;
(6) Any A farmer, for the lawful administration of a drug to
an animal;
(7) Any A person whose use of a hypodermic is for lawful
professional, mechanical, trade, or craft purpose PURPOSES.
(B) No manufacturer or distributor of, or dealer in,
hypodermics or medication packaged in hypodermics, or their
authorized agents or employees, and no owner of a pharmacy, or
pharmacist TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, shall display
any hypodermic for sale. No person
authorized to possess a hypodermic pursuant to division (A) of
this section shall negligently fail to take reasonable
precautions to prevent any hypodermic in the person's
possession from
theft or acquisition by any unauthorized person.
(C) No person other than one of the following shall sell
or furnish a
hypodermic to another person:
(1) A manufacturer or distributor
of, or dealer in, hypodermics or medication packaged in
hypodermics, or their authorized agents or employees;
(2) A hospital TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS;
(3) A pharmacist or person under the direct supervision of a
pharmacist;
(4) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS, ACTING in the regular course of business
and as permitted by law;
(5) An individual who holds a current license, certificate, or
registration issued under Title 47 of the Revised Code and has been certified
to conduct diabetes education by a national certifying body specified in rules
adopted by the state board of pharmacy under section 4729.68 of the
Revised Code, but only
if diabetes education is within the individual's scope of
practice under statutes and rules regulating the individual's
profession.
(D) No person shall sell or furnish a hypodermic to
another whom the person knows or has reasonable cause to
believe is not
authorized by division (A) of this section to possess a
hypodermic.
(E) A pharmacist or person under the direct supervision of
a pharmacist may furnish hypodermics to another without a
prescription by a practitioner, but the pharmacist or person
being supervised shall require positive
identification of
each person to whom hypodermics are furnished, and shall keep a
written record of each transaction, including the date, the type
and quantity of the articles furnished, and the name, address,
and signature of the person to whom such articles are furnished.
Such record shall be retained in the same manner as the exempt
narcotics register. No pharmacist or person under a
pharmacist's
supervision shall fail to comply with this division in furnishing
hypodermics.
Sec. 3719.19. No person shall be prosecuted for a violation of Chapter
3719.
of the Revised Code, THIS CHAPTER if such THE person
has been acquitted
or convicted under the
federal narcotic DRUG ABUSE CONTROL laws of the same act or
omission which, it is alleged,
constitutes a violation of this chapter.
Sec. 3719.30. No person shall leave or deposit poison DANGEROUS
DRUGS, POISONS, or a substance SUBSTANCES
containing poison DANGEROUS DRUGS OR POISONS in a common,
street, alley, lane, or thoroughfare, or a yard
or enclosure occupied by another.
Whoever violates this section shall be liable to the person injured for all
damages sustained thereby AS A RESULT OF LEAVING OR DEPOSITING
THE DANGEROUS DRUGS, POISONS, OR OTHER SUBSTANCES.
Sec. 3719.34. Sections 3719.32 and 3719.33 of the Revised Code do not apply
to substances dispensed to SOLD or DELIVERED upon the
order or prescription of persons
A PERSON
believed by the dispenser SELLER OR DELIVERER to be lawfully
authorized practitioners of medicine
or dentistry A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE
DRUGS. The record of sale and delivery
mentioned in section 3719.33 of
the Revised Code is not required of manufacturers and wholesalers selling any
of the substances mentioned in section 3719.32 of the Revised Code at
wholesale, if the box, bottle, or package containing such substance when sold
at wholesale, is labeled with the name of the substance, "Poison," and the
name and address of the
manufacturer or wholesaler.
Sec. 3719.35. It is not necessary to place a poison label upon, nor record
the delivery of, ANY OF THE FOLLOWING:
(A) Preparations containing substances named in section 3719.32 of the
Revised Code when a single box, bottle, or other package of the bulk of
one-half fluid ounce FIFTEEN MILLILITERS or the weight of
one-half avoirdupois ounce FIFTEEN GRAMS does not
contain more than an ONE adult medicinal dose of such
poisonous substance ANY OF THOSE SUBSTANCES;
(B) The sulphide of antimony, the oxide or carbonate of zinc, or colors
ground in oil and intended for use as paints;
(C) Calomel, paregoric, or other preparations of opium containing less
than
two grains of opium to the fluid ounce;
(D) Preparations recommended in good faith for diarrhoea
DIARRHEA or cholera,
when
each bottle or package is accompanied by specific directions for use and a
caution against the habitual use thereof OF THE PREPARATIONS;
(E)(D) Liniments or ointments when plainly labeled "for
external use only";
(F)(E) Preparations put up and sold in the form of pills,
tablets, or lozenges
and intended for internal use, when the dose recommended does not contain more
than one fourth of an adult medicinal dose of such poisonous substance
ANY OF THE SUBSTANCES NAMED IN SECTION 3719.35 of the Revised Code.
Sec. 3719.36. The state board of pharmacy or anyone acting in its
behalf
shall enforce sections 3719.30 to 3719.35 of the Revised Code. If such
THE board has information that any of such THOSE sections
has been violated,
it shall
investigate, and upon probable cause appearing, shall file a complaint and
prosecute the offender.
Fines assessed and collected under prosecutions commenced by such
THE board shall
be paid to the secretary EXECUTIVE DIRECTOR of the state board
of pharmacy, and by him THE EXECUTIVE DIRECTOR paid into the
state treasury to the credit of the occupational licensing and
regulatory BOARD OF PHARMACY DRUG LAW ENFORCEMENT fund CREATED
BY SECTION 4729.65 of the Revised Code.
Sec. 3719.42. The state BOARD OF pharmacy board shall meet in
Columbus at least once
each fiscal year for the purpose of carrying out its duties pursuant to
Chapter 3719. of the Revised Code UNDER THIS CHAPTER.
Sec. 3719.44. (A) Pursuant to this section, and by rule
adopted pursuant to IN ACCORDANCE WITH Chapter 119. of the
Revised Code, the state
board of pharmacy may do any of the following with respect to
schedules I, II, III, IV, and V established in section 3719.41 of
the Revised Code:
(1) Add a previously unscheduled compound, mixture,
preparation, or substance to any schedule;
(2) Transfer a compound, mixture, preparation, or
substance from one schedule to another, provided
the
transfer does not have the effect under Chapter 3719. of the
Revised Code of providing less stringent control of the
compound, mixture, preparation, or substance than is provided
under THE federal narcotic DRUG ABUSE CONTROL laws;
(3) Remove a compound, mixture, preparation, or substance
from the schedules where the board had previously added the
compound, mixture, preparation, or substance to the schedules,
provided that the removal shall not have the effect under Chapter
3719. of the Revised Code of providing less stringent control of
the compound, mixture, preparation, or substance than is
provided under THE federal narcotic DRUG ABUSE CONTROL
laws.
(B) In making a determination to add, remove, or transfer
pursuant to division (A) of this section, the board shall
consider the following:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of the pharmacological
effect of the substance, if known;
(3) The state of current scientific knowledge regarding
the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or
physiological dependence liability;
(8) Whether the substance is an immediate precursor.
(C) The board may add or transfer a compound, mixture,
preparation, or substance to schedule I when it appears that
there is a high potential for abuse, that it has no accepted
medical use in treatment in this state, or lacks accepted safety
for use in treatment under medical supervision.
(D) The board may add or transfer a compound, mixture,
preparation, or substance to schedule II when it appears that
there is a high potential for abuse, that it has a currently
accepted medical use in treatment in this state, or currently
accepted medical use in treatment with severe restrictions, and
that its abuse may lead to severe physical or severe
psychological dependence.
(E) The board may add or transfer a compound, mixture,
preparation, or substance to schedule III when it appears that
there is a potential for abuse less than the substances included
in schedules I and II, that it has a currently accepted medical
use in treatment in this state, and that its abuse may lead to
moderate or low physical or high psychological dependence.
(F) The board may add or transfer a compound, mixture,
preparation, or substance to schedule IV when it appears that it
has a low potential for abuse relative to substances included in
schedule III, and that it has a currently accepted medical use in
treatment in this state, and that its abuse may lead to limited
physical or psychological dependence relative to the substances
included in schedule III.
(G) The board may add or transfer a compound, mixture,
preparation, or substance to schedule V when it appears that it
has lower potential for abuse than substances included in
schedule IV, and that it has currently accepted medical use in
treatment in this state, and that its abuse may lead to limited
physical or psychological dependence relative to substances
included in schedule IV.
(H) Even though a compound, mixture, preparation, or
substance does not otherwise meet the criteria in this section
for adding or transferring it to a schedule, the board may
nevertheless add or transfer it to a schedule as an immediate
precursor when all of the following apply:
(1) It is the principal compound used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) It is an immediate chemical intermediary used or
likely to be used in the manufacture of such a controlled
substance;
(3) Its control is necessary to prevent, curtail, or limit
the manufacture of the scheduled compound, mixture, preparation,
or substance of which it is the immediate precursor.
(I) Authority to control under this section does not
extend to distilled spirits, wine, or malt beverages, as those
terms are defined or used in Chapter 4301. of the Revised Code.
(J) Authority to control under this section does not
extend to any nonnarcotic substance if such substance may, under
the Federal Food, Drug, and Cosmetic Act as defined in section
4729.02 of the Revised Code and the laws of this state, be
lawfully sold over the counter without a prescription. Should a
pattern of abuse develop for any nonnarcotic drug sold over the
counter, the board may, by rule adopted in accordance with
Chapter 119. of the Revised Code, after a public hearing and a
documented study to determine that the substance actually meets
the criteria listed in division (B) of this section, place such
abused substance on a prescription basis CONTROLLED SUBSTANCE
SCHEDULE.
(K)(1) A drug product containing ephedrine that is known as one of
the following and is in the form specified shall not be considered a schedule
V controlled substance:
(a) Amesec capsules;
(b) Bronitin tablets;
(c) Bronkotabs;
(d) Bronkolixir;
(e) Bronkaid tablets;
(f) Efedron nasal jelly;
(g) Guiaphed elixir;
(h) Haysma;
(i) Pazo hemorrhoid ointment and suppositories;
(j) Primatene "M" formula tablets;
(k) Primatene "P" formula tablets;
(l) Tedrigen tablets;
(m) Tedral tablets, suspension and elixir;
(n) T.E.P.;
(o) Vatronol nose drops.
(2)(a) A product containing ephedrine shall not be considered a
controlled substance if the product is a food product or
dietary supplement that meets all of the following criteria:
(i) It contains, per dosage unit or serving, not more than
the lesser of twenty-five milligrams of ephedrine alkaloids or the
maximum amount of ephedrine alkaloids provided in applicable regulations
adopted by the United States food and drug administration,
and no other controlled substance.
(ii) It contains no hydrochloride or sulfate salts of ephedrine
alkaloids.
(iii) It is packaged with a prominent label securely
affixed to each package that states all of the following: the amount in
milligrams of ephedrine in a serving or dosage unit; the amount of the food
product or dietary supplement that constitutes a serving or dosage unit; that
the maximum recommended dosage of ephedrine for a healthy adult human is the
lesser of one hundred milligrams in a twenty-four-hour period
for not more than twelve weeks or the maximum recommended dosage
or period of use provided in applicable regulations adopted
by the United States food and drug administration; and that
improper use of the product may be hazardous to a person's health.
(b)(i) Subject to division (K)(2)(b)(ii)
of this section, no person shall dispense, sell, or otherwise give a product
described in division (K)(2)(a) of this section
to any individual under eighteen years of age.
(ii) Division (K)(2)(b)(i)
of this section does not apply to a physician or pharmacist who dispenses,
sells, or otherwise gives a product described in division (K)(2)(a) of this
section to an individual under eighteen years of age, to a parent or guardian
of an individual under eighteen years of age who dispenses, sells, or
otherwise gives
a product of that nature to the individual under eighteen years of age, or to
a person who, as authorized by the individual's parent or legal guardian,
dispenses, sells, or otherwise gives a product of that nature to an individual
under eighteen years of age.
(c) No person in the course of selling, offering for sale, or
otherwise distributing a product described in division
(K)(2)(a) of this section
shall advertise or represent in any manner that the product causes euphoria,
ecstasy, a "buzz" or "high," or an altered mental
state; heightens sexual performance; or, because it contains ephedrine
alkaloids, increased muscle mass.
(3) A drug product that contains the isomer pseudoephedrine, or any of its
salts, optical isomers, or salts of optical isomers, shall not be considered a
controlled substance if the drug product is labeled in a
manner consistent with federal law or with the product's over-the-counter
tentative final monograph or final monograph issued by the United
States food and drug administration.
(4) At the request of any person, the board may except any
product containing ephedrine not described in division
(K)(1) or (2) of this section or any class of products
containing ephedrine from being included as a schedule V controlled substance
if it determines that the product or class of products does not contain
any other controlled
substance. The board shall make the determination in accordance with this
section and by rule adopted in accordance with Chapter 119. of the Revised
Code.
(L) As used in this section:
(1) "Food" has the same meaning as in section 3715.01 of the Revised Code;
(2) "Dietary supplement" has the meaning given in the "Federal
Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 U.S.C.A. 321 (ff), as
amended.
(3) "Ephedrine alkaloids" means ephedrine, pseudoephedrine,
norephedrine, norpseudoephedrine, methylephedrine, and
methylpseudoephedrine.
Sec. 3719.61. Nothing in the laws dealing with drugs of
abuse shall be construed to prohibit treatment of narcotic drug
dependent persons by the continuing maintenance of their
dependence through the administration of methadone in accordance
with the rules adopted by the department of alcohol and drug
addiction services under section 3793.11 of the Revised Code,
when all of the following apply:
(A) The likelihood that any person undergoing maintenance
treatment will be cured of his dependence on narcotic drugs is
remote, the treatment is prescribed by a practitioner for the
purpose of alleviating or controlling the patient's drug
dependence, and the patient's prognosis while undergoing such
treatment is at least a partial improvement in his THE PATIENT'S
asocial or antisocial behavior patterns;
(B) In the case of an inpatient in a hospital or clinic,
the amount of the maintenance drug dispensed at any one time does
not exceed the quantity necessary for a single dose, and such
THE
dose is administered to the patient immediately;
(C) In the case of an outpatient, the amount of the
maintenance drug dispensed at any one time shall be determined by
a practitioner with regard to THE PATIENT'S TREATMENT PROVIDER
TAKING INTO ACCOUNT the patient's progress in the
treatment program, and the patient's needs for gainful
employment, education, and responsible homemaking, provided,
EXCEPT that
in no event shall the dosage be greater than the amount permitted
by federal law and rules adopted by the department pursuant to
section 3793.11 of the Revised Code;
(D) The drug is not dispensed in any case to replace or
supplement any part of a supply of the drug previously dispensed,
or when there is reasonable cause to believe it will be used or
disposed of unlawfully;
(E) The drug is dispensed through a program licensed and
operated in accordance with section 3793.11 of the Revised Code.
Sec. 3719.81. (A) A person may furnish another a sample
of any drug of abuse, or of any drug or pharmaceutical
preparation which THAT would be hazardous to health or safety if
used
without the supervision of a practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, if all of
the
following apply:
(1) The sample is furnished by a manufacturer,
manufacturer's representative, or wholesale dealer in
pharmaceuticals to a practitioner LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS, or is furnished by SUCH a
practitioner PROFESSIONAL to a patient for use as medication;
(2) The drug is in the original container in which it was
placed by the manufacturer, and such THE container is plainly
marked
as a sample;
(3) Prior to its being furnished, the drug sample has been
stored under the proper conditions to prevent its deterioration
or contamination;
(4) If the drug is of a type which deteriorates with time,
the sample container is plainly marked with the date beyond which
the drug sample is unsafe to use, and such THE date has not
expired
on the sample furnished. Compliance with the labeling
requirements of the "Federal Food, Drug, and Cosmetics
COSMETIC Act," 52 STAT. 1040
(1938), 21 U.S.C.A. 301, AS AMENDED, shall be deemed compliance
with this
section;.
(5) The drug is distributed, stored, or discarded in such
a way that the drug sample may not be acquired or used by any
unauthorized person, or by any person, including a child, for
whom it may present a health or safety hazard.
(B) Division (A) of this section does not apply DO ANY OF THE
FOLLOWING:
(1) APPLY to OR restrict the furnishing of any sample of a
nonnarcotic substance
if such THE substance may, under the "Federal Food, Drug, and
Cosmetic Act", as defined in division (D)(1) of section 4729.02
of the Revised Code, and under the laws of this state, otherwise
be lawfully sold over the counter without a prescription;
(2) AUTHORIZE A PRESCRIBER WHO IS AN ADVANCED PRACTICE NURSE TO FURNISH A
SAMPLE OF ANY DRUG;
(3) AUTHORIZE A PRESCRIBER WHO IS AN OPTOMETRIST TO FURNISH A SAMPLE OF A
DRUG THAT IS NOT A DRUG THE OPTOMETRIST IS AUTHORIZED TO PRESCRIBE.
(C) The state board of pharmacy shall, pursuant to
sections 119.01 to 119.13 IN ACCORDANCE WITH CHAPTER
119. of the Revised Code, adopt regulations RULES AS
necessary to give effect to this section.
Sec. 3719.99. (A) Whoever violates section 3719.16 or
3719.161 of the Revised Code is guilty of a felony of the
fifth degree. If the offender previously has been convicted of a
violation of section 3719.16 or 3719.161 of the Revised Code or a
drug abuse offense, a violation of section 3719.16 or 3719.161 of the Revised
Code is a felony of the fourth degree. If the violation involves
the sale, offer to sell, or possession of a schedule I or II
controlled substance, with the exception of marihuana, and if the offender, as
a result of the violation, is a major drug offender, division (D) of
this section applies.
(B) Whoever violates division (C) or (D) of section
3719.172 of the Revised Code is guilty of a felony of the
fifth degree. If the offender previously has been convicted of a
violation of division (C) or (D) of section 3719.172 of the
Revised Code or a drug abuse offense, a violation of division (C)
or (D) of section 3719.172 of the Revised Code is a felony of
the fourth degree. If the violation involves the sale,
offer to sell, or possession of a schedule I or II
controlled substance, with the exception of marihuana, and if the offender, as
a result of the violation, is a major drug offender, division (D) of
this section applies.
(C) Whoever violates section 3719.07 or 3719.08 of the
Revised Code is guilty of a misdemeanor of the first degree. If
the offender previously has been convicted of a violation of
section 3719.07 or 3719.08 of the Revised Code or a drug abuse
offense, a violation of section 3719.07 or 3719.08 of the Revised Code is a
felony of the fifth degree. If the violation involves the sale,
offer to sell, or possession of a schedule I or II
controlled substance, with the exception of marihuana, and if the offender, as
a result of the violation, is a major drug offender, division (D) of
this section applies.
(D)(1) If an offender is convicted of or pleads guilty to a felony
violation of section 3719.07, 3719.08, 3719.16, or 3719.161 or of division
(C) or (D) of section 3719.172 of the Revised Code, if the violation
involves the sale, offer to sell, or possession of a schedule I or
II controlled substance, with the exception of marihuana, and if the
offender, as a result of the violation, is a major drug offender, the court
that sentences the offender, in lieu of the prison term authorized or required
by division (A), (B), or (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code and in addition to any other
sanction imposed for the offense under sections 2929.11 to 2929.18 of the
Revised Code, shall impose upon the offender, in accordance with division
(D)(3)(a)
of section 2929.14 of the Revised Code, the mandatory prison term specified in
that division and may impose an additional prison term under division
(D)(3)(b) of that section.
(2) Notwithstanding any contrary provision of section 3719.21 of the Revised
Code, the
clerk of the court shall pay any fine imposed for a felony violation of
section 3719.07, 3719.08, 3719.16, or 3719.161 or of division (C) or
(D) of section 3719.172 of the Revised Code pursuant to division (A) of
section 2929.18 of the Revised Code in accordance with and subject to the requirements of
division (F) of section 2925.03 of the Revised Code. The agency that receives
the fine shall use the fine as specified in division (F) of section
2925.03 of the Revised Code.
(E) Whoever violates section 3719.05, 3719.06, 3719.13, or
3719.31 or division (B) or (E) of section 3719.172 of the
Revised Code is guilty of a misdemeanor of the third degree. If
the offender previously has been convicted of a violation of
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B)
or (E) of section 3719.172 of the Revised Code or a drug abuse
offense, a violation of section 3719.05, 3719.06, 3719.13, or 3719.31 or
division (B) or (E) of section 3719.172 of the Revised Code is a
misdemeanor of the first degree.
(F) Whoever violates section 3719.30 of the Revised Code
is guilty of a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of section 3719.30
of the Revised Code or a drug abuse offense, a violation of section 3719.30
of the Revised Code is a misdemeanor of the third degree.
(G) Whoever violates section 3719.32 or 3719.33 of the
Revised Code is guilty of a minor misdemeanor.
(H) Whoever violates division (K)(2)(b) of section 3719.44 of the Revised
Code is guilty of a felony of the fifth degree.
(I) Whoever violates division (K)(2)(c) of section 3719.44 of the Revised
Code is guilty of a misdemeanor of the second degree.
(J) As used in this section, "major drug offender" has the same
meaning as in section 2929.01 of the Revised Code.
Sec. 3729.01. As used in this chapter:
(A) "Ambulatory care facility" means a facility that
provides medical, diagnostic, or surgical treatment to patients
who do not require hospitalization, including a dialysis center,
ambulatory surgical facility, cardiac catheterization facility,
diagnostic imaging center, extracorporeal shock wave lithotripsy
center, home health agency, inpatient hospice, birthing center,
radiation therapy center, emergency facility, and an urgent care
center. "Ambulatory health care facility" does not include the
private office of a physician or dentist, whether the office is
for an individual or group practice.
(B) "Beneficiary" and "third-party payer" have the same
meanings as in section 3901.38 of the Revised Code.
(C) "Disability assistance medical assistance program" means the
disability assistance medical assistance program established under
Chapter 5115. of the Revised Code.
(D) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(E) "Global fee" means the collective cost of professional
fees, outpatient or inpatient billings, pharmaceutical products,
and other medical or surgical products required to ensure
satisfactory outcomes for a given diagnosis.
(F) "Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(G) "Health care provider" means a hospital, ambulatory
care facility, long-term care facility, pharmacy, emergency
facility, or health care practitioner.
(H) "Hospital" has the same meaning as in section 3727.01
of the Revised Code.
(I) "Long-term care facility" means any of the following:
(1) A nursing home, residential care facility, or home
for the aging, all
as defined in section 3721.01 of the Revised Code;
(2) An adult care facility, as defined in section 3722.01
of the Revised Code;
(3) A nursing facility, as defined in section 5111.20 of
the Revised Code;
(4) An intermediate care facility for the mentally
retarded, as defined in section 5111.20 of the Revised Code;
(5) A facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
(J) "Medical assistance program" means the program
established under Chapter 5111. of the Revised Code and Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as amended.
(K) "Medicare" means the program established under Title
XVIII of the "Social Security Act."
(L) "Pharmacy" has the same meaning as in section 4729.02
4729.01
of the Revised Code.
(M) "Physician" means an
individual authorized under Chapter 4731.
of the Revised Code to practice medicine and surgery, osteopathic medicine
and surgery, or podiatry.
(N) "Price" means the actual payment for health care
services or supplies by a patient or third-party payer.
(O)(1) "Public health care program" means any program of
health care benefits that is provided by the state or a political
subdivision of this state, including all of the following:
(a) The program for medically handicapped children
established under sections 3701.021 to 3701.028 of the Revised
Code;
(b) The medical assistance program;
(c) The disability assistance medical assistance
program;
(d) Health care benefits administered by the bureau of
workers' compensation;
(e) Mental health services certified by the department of
mental health and provided in whole or in part under contract
with a community mental health board, or a board of alcohol, drug
addiction, and mental health services;
(f) Health care services administered by the department of
alcohol and drug addiction services or a board of alcohol, drug
addiction, and mental health services;
(g) Health care services administered by the department of
mental retardation and developmental disabilities or a county
board of mental retardation and developmental disabilities;
(h) Health care services administered by the
rehabilitation services commission;
(i) Health care services administered by the department of
rehabilitation and correction;
(j) Health care services administered by the department of
youth services.
(2) "Public health care program" does not mean health care
coverage provided to public employees or health care benefits
provided to persons receiving a pension, annuity, allowance, or
benefit from the public employees retirement system, the school
employees retirement system, the state teachers retirement
system, the police and firemen's disability and pension fund, or
the state highway patrol retirement system.
Sec. 4121.443. (A) There is hereby created the health
care advisory committee consisting of nine members appointed by
the administrator of workers' compensation as follows: one who
is a representative of physicians licensed to practice medicine
and surgery under Chapter 4731. of the Revised Code, one who is a
representative of physicians licensed to practice osteopathic
medicine and surgery under Chapter 4731. of the Revised Code, one
who is a representative of chiropractors licensed under Chapter
4734. of the Revised Code, one who is a representative of
pharmacists registered LICENSED under Chapter 4729. of the
Revised Code,
one who is a licensed dentist under Chapter 4715. of the Revised
Code; one who is a representative of podiatrists certified under
Chapter 4731. of the Revised Code; one who is a representative of
psychologists licensed under Chapter 4732. of the Revised Code;
one who is a representative of rehabilitation specialists, and
one who is a representative of hospitals authorized to operate
pursuant to section 3727.02 of the Revised Code. The
administrator may consult with and obtain recommendations from
the Ohio state medical association, the Ohio osteopathic
association, the Ohio state chiropractic association, the Ohio
pharmacists association, and the Ohio hospital association for
the purpose of making his appointments to the committee. The
administrator shall make initial appointments to the committee
within ninety days after the effective date of this section.
Members shall serve at the pleasure of the administrator and may
be reappointed. Vacancies shall be filled in the manner provided
for original appointments. Committee members shall receive no
compensation or expenses for the performance of their duties as
members of the committee.
(B) Prior to adopting rules under section 4121.441 of the
Revised Code concerning issues pertaining to health care
providers, the administrator shall provide the committee an
opportunity to comment on and give advice concerning those rules.
(C) No member of the committee shall divulge any
confidential information that is disclosed to the member in the
performance of his OFFICIAL duties as a member of the committee.
Sec. 4301.01. (A) As used in the Revised Code:
(1) "Intoxicating liquor" and "liquor" include all liquids
and compounds, other than beer as defined in division (B)(2) of
this section, containing one-half of one per cent or more of
alcohol by volume which are fit to use for beverage purposes,
from whatever source and by whatever process produced, by
whatever name called, and whether the same are medicated,
proprietary, or patented. The phrase includes wine, as defined
in division (B)(3) of this section even if it contains less than
four per cent of alcohol by volume, mixed beverages, as defined
in division (B)(4) of this section even if they contain less than
four per cent of alcohol by volume, cider, as defined in division
(B)(23) of this section, alcohol, and all solids and
confections which contain any alcohol.
(2) Except as used in sections 4301.01 to 4301.20, 4301.22
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of
the Revised Code, "sale" and "sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any
kind, and the transfer of title or possession of beer and
intoxicating liquor either by constructive or actual delivery by
any means or devices whatever, including the sale of beer or
intoxicating liquor by means of a controlled access alcohol and
beverage cabinet pursuant to section 4301.21 of the Revised Code.
"Sale" and "sell" do not include the
mere solicitation of orders for
beer or intoxicating liquor from the holders of permits issued by
the division of liquor control authorizing the sale of the
beer or intoxicating liquor, but no solicitor shall solicit
any such orders until the solicitor has been registered with
the division pursuant to section 4303.25
of the Revised Code.
(3) "Vehicle" includes all means of transportation by
land, by water, or by air, and everything made use of in any way
for such transportation.
(B) As used in sections 4301.01 to 4301.74 of the Revised
Code:
(1) "Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol.
"Alcohol" does not include denatured alcohol and wood alcohol.
(2) "Beer," "malt liquor," or "malt beverages" includes
all brewed or fermented malt products containing one-half of one
per cent or more of alcohol by volume but not more than six per
cent of alcohol by weight.
(3) "Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of
alcohol by volume, which is made from the fermented juices of
grapes, fruits, or other agricultural products, except that as used
in sections 4301.13, 4301.421, 4301.422,
4301.432, and 4301.44 of the Revised Code, and, for
purposes of determining the rate of the tax that applies, division
(B) of section 4301.43 of the Revised Code, "wine" does not include cider.
(4) "Mixed beverages" such as bottled and prepared
cordials, cocktails, and highballs are products obtained by
mixing any type of whiskey, neutral spirits, brandy, gin, or
other distilled spirits with, or over, carbonated or plain water,
pure juices from flowers and plants, and other flavoring
materials. The completed product shall contain not less than
one-half of one per cent of alcohol by volume and not more than
twenty-one per cent of alcohol by volume.
(5) "Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume.
(6) "Sealed container" means any container having a
capacity of not more than one hundred twenty-eight fluid ounces,
the opening of which is closed to prevent the entrance of air.
(7) "Person" includes firms and corporations.
(8) "Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, brewing, or in
any other manner.
(9) "Manufacturer" means any person engaged in the
business of manufacturing beer or intoxicating liquor.
(10) "Wholesale distributor" and "distributor" means a
person engaged in the business of selling to retail dealers for
purposes of resale.
(11) "Hotel" has the meaning set forth in section 3731.01
of the Revised Code, subject to the exceptions mentioned in
section 3731.03 of the Revised Code.
(12) "Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place. "Restaurant"
does not include drugstores PHARMACIES,
confectionery stores, lunch stands, night clubs, and filling
stations.
(13) "Club" means a corporation or association of
individuals organized in good faith for social, recreational,
benevolent, charitable, fraternal, political, patriotic, or
athletic purposes, which is the owner, lessor, or occupant of a
permanent building or part thereof operated solely for
those
purposes, membership in which entails the prepayment of regular
dues, and includes the place so operated.
(14) "Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
which may be in the form of a cover charge or may be included in
the price of the food and beverages, or both, purchased by the
patrons thereof.
(15) "At retail" means for use or consumption by the
purchaser and not for resale.
(16) "Drugstore PHARMACY" means an establishment as defined in
section 4729.27 4729.02 of the Revised Code, which is under
the management
or control of a legally registered LICENSED pharmacist IN
ACCORDANCE WITH SECTION 4729.27 of the Revised Code.
(17) "Enclosed shopping center" means a group of retail
sales and service business establishments that face into an
enclosed mall, share common ingress, egress, and parking
facilities, and are situated on a tract of land that contains an
area of not less than five hundred thousand square feet.
"Enclosed shopping center" also includes not more than one
business establishment that is located within a free-standing
building on such a tract of land, so long as the sale of beer and
intoxicating liquor on the tract of land was approved in an
election held under former section 4301.353 of the Revised Code.
(18) "Controlled access alcohol and beverage cabinet"
means a closed container, either refrigerated, in whole or in
part, or nonrefrigerated, access to the interior of which is
restricted by means of a device which requires the use of a key,
magnetic card, or similar device and from which beer,
intoxicating liquor, other beverages, or food may be sold.
(19) "Residence district" means two or more contiguous
election precincts located within the same county and also
located within the same municipal corporation or within the
unincorporated area of the same township, as described by a
petition authorized by section 4301.33, 4301.332, 4303.29, or 4305.14 of
the Revised Code.
(20) "Low-alcohol beverage" means any brewed or fermented malt product, or
any product
made from the fermented juices of grapes, fruits, or other
agricultural products, that contains either no alcohol or less
than one-half of one per cent of alcohol by volume. The beverages described
in division (B)(20) of this section do not
include a soft drink such as root beer, birch beer, or ginger
beer.
(21) "Cider" means all liquids fit to use for
beverage purposes
that contain one-half of one per cent of alcohol by volume, but not more than
six per cent of alcohol by weight that are made through the normal alcoholic
fermentation of the juice of sound, ripe apples, including, without
limitation, flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must.
Sec. 4301.69. (A) Except as otherwise provided in this
chapter, no person shall sell beer or intoxicating liquor to an
underage person, shall buy beer or intoxicating liquor for an
underage person, or shall furnish it to an underage person,
unless given by a physician in the regular line of his THE
PHYSICIAN'S practice or given for established religious purposes or unless
the
underage person is accompanied by a parent, spouse who is not an
underage person, or legal guardian.
In proceedings before the liquor control commission, no
permit holder, or the employee or agent of a permit holder,
charged with a violation of this division shall be charged, for
the same offense, with a violation of division (A)(1) of section
4301.22 of the Revised Code.
(B) No person who is the owner or occupant of any public
or private place shall knowingly allow any underage person to
remain in or on the place while possessing or consuming beer or
intoxicating liquor, unless the intoxicating liquor or beer is
given to the person possessing or consuming it by that person's
parent, spouse who is not an underage person, or legal guardian
and the parent, spouse who is not an underage person, or legal
guardian is present at the time of the person's possession or
consumption of the beer or intoxicating liquor.
An owner of a public or private place is not liable for
acts or omissions in violation of this division that are
committed by a lessee of that place, unless the owner authorizes
or acquiesces in the lessee's acts or omissions.
(C) No person shall engage or use accommodations at a
hotel, inn, cabin, campground, or restaurant when he THE PERSON
knows or has reason to know either of the following:
(1) That beer or intoxicating liquor will be consumed by
an underage person on the premises of the accommodations that the
person engages or uses, unless the person engaging or using the
accommodations is the spouse of the underage person and who is
not himself an underage person, or is the parent or legal
guardian of all of the underage persons, who consume beer or
intoxicating liquor on the premises and that person is on the
premises at all times when beer or intoxicating liquor is being
consumed by an underage person;
(2) That a drug of abuse will be consumed on the premises
of the accommodations by any person, except a person who obtained
the drug of abuse pursuant to a prescription issued by a
practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE
DRUGS and has the drug of abuse in the original container
in which it was dispensed to the person.
(D)(1) No person is required to permit the engagement of
accommodations at any hotel, inn, cabin, or campground by an
underage person or for an underage person, if the person engaging
the accommodations knows or has reason to know that the underage
person is intoxicated, or that the underage person possesses any
beer or intoxicating liquor and is not accompanied by a parent,
spouse who is not an underage person, or legal guardian who is or
will be present at all times when the beer or intoxicating liquor
is being consumed by the underage person.
(2) No underage person shall knowingly engage or attempt
to engage accommodations at any hotel, inn, cabin, or campground
by presenting identification that falsely indicates that he THE
UNDERAGE PERSON is twenty-one years of age or older for the purpose of
violating
this section.
(E) No underage person shall knowingly possess or consume
any beer or intoxicating liquor, in any public or private place,
unless he THE UNDERAGE PERSON is accompanied by a parent, spouse
who is not an
underage person, or legal guardian, or unless the beer or
intoxicating liquor is given by a physician in the regular line
of his THE PHYSICIAN'S practice or given for established
religious purposes.
(F) No parent, spouse who is not an underage person, or
legal guardian of a minor shall knowingly permit the minor to
violate this section or section 4301.63, 4301.632, 4301.633, or
4301.634 of the Revised Code.
(G) The operator of any hotel, inn, cabin, or campground
shall make the provisions of this section available in writing to
any person engaging or using accommodations at the hotel, inn,
cabin, or campground.
(H) As used in this section:
(1) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code.
(2) "Hotel" has the same meaning as in section 3731.01 of
the Revised Code.
(3) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS"
AND
"PRESCRIPTION" HAVE THE SAME MEANINGS AS IN SECTION 4729.02 of the Revised Code.
(4) "Minor" means a person under the age of eighteen
years.
(4) "Practitioner" and "prescription" have the same
meanings as in section 3719.01 of the Revised Code.
(5) "Underage person" means a person under the age of
twenty-one years.
Sec. 4303.01. As used in sections 4303.01 to 4303.37 of the Revised Code,
"intoxicating liquor," "liquor," "sale," "sell," "vehicle," "alcohol," "beer,"
"malt liquor," "malt beverage," "wine," "mixed beverages," "spirituous
liquor," "sealed container," "person," "manufacture," "manufacturer,"
"wholesale distributor," "distributor," "hotel," "restaurant," "club," "night
club," "at retail," "drugstore PHARMACY," and "Enclosed
ENCLOSED shopping
center" have the
meaning set forth in section 4301.01 of the Revised Code.
Sec. 4303.21. Permit G may be issued to the owner of a drugstore
PHARMACY in charge of
a registered LICENSED pharmacist to be named in such permit for
the sale at retail of
alcohol for medicinal purposes in quantities at each sale of not more than one
gallon upon the written prescription of a physician or dentist who is lawfully
and regularly engaged in the practice of his THE PHYSICIAN'S OR
DENTIST'S profession in this state, and for
the sale of industrial alcohol for mechanical, chemical, or scientific
purposes to a person known by the seller to be engaged in such mechanical,
chemical, or scientific pursuits; all subject to section 4303.34 of the
Revised Code. The fee for this permit if fifty dollars.
Sec. 4303.27. Each permit issued under sections 4303.02 to
4303.23 of the Revised Code, shall authorize the person named to
carry on the business specified at the place or in the boat,
vessel, or classes of dining car equipment described, and shall
be issued for one year, or part thereof, commencing on the day
after the uniform expiration dates designated by the
division of liquor control,
or for the unexpired portion of such year, and no longer, subject
to suspension, revocation, or cancellation as authorized or
required by Chapters 4301. and 4303. of the Revised Code. Upon
application by a permit holder, the superintendent of liquor
control
may expand during specified seasons of the year the premises for
which the permit holder's permit was issued to include a premises
immediately adjacent to the premises for which the permit was
issued, so long as the immediately adjacent premises is under the
permit holder's ownership and control and is located in an area
where sales under the permit are not prohibited because of a
local option election. Whenever the
superintendent considers it advisable to cancel the unexpired portion of an
outstanding permit in order that the permit may be issued on one
of the uniform expiration dates designated by the
superintendent, the
superintendent shall refund to the holder a proportionate amount
representing
the unexpired portion of the permit year pursuant to section
4301.41 of the Revised Code. Such permit does not authorize the
person named to carry on the business specified at any place or
in any vehicle, boat, vessel, or class of dining car equipment
other than that named, nor does it authorize any person other
than the one named in such permit to carry on such business at
the place or in the vehicle, boat, vessel, or class of dining car
equipment named, except pursuant to compliance with the rules and orders of
the
division governing the assignment and transfer of permits, and with the
consent of the division. The holder of a G permit may
substitute the name of another registered LICENSED pharmacist
for that
entered on the permit, subject to rules of the
division.
Chapters 4301. and 4303. of the Revised Code do not
prohibit the holder of an A, B, C, or D permit from making
deliveries of beer or intoxicating liquor containing not more
than twenty-one per cent of alcohol by volume, or prohibit the
holder of an A or B permit from selling or distributing beer or
intoxicating liquor to a person at a place outside this state, or
prohibit the holder of any such a permit, or an H permit, from
delivering any beer or intoxicating liquor so sold from a point
in this state to a point outside this state.
Sec. 4303.34. The sale of alcohol under G and I permits is
subject to the following restrictions in addition to those
imposed by the rules or orders of the
division of
liquor control:
(A) All sales under such permits shall be made by the registered
LICENSED pharmacist in charge of the store or by a registered
assistant LICENSED
pharmacist INTERN, lawfully employed therein.
(B) All sales to hospitals, infirmaries, and medical or
educational institutions for the uses authorized by such permits
shall be made only upon the written, signed, dated, and sworn
application of the superintendent of such institution.
(C) All sales of alcohol to physicians, dentists, and veterinary
surgeons shall be made only on the written, signed, dated, and
sworn application of such physician, dentist, or veterinary
surgeon, personally presented by the applicant.
(D) All sales of alcohol for mechanical, chemical, or scientific
purposes shall be made only upon the written application of the
purchaser known by the registered pharmacist or assistant
pharmacist INTERN to be a person engaged in such mechanical, chemical,
or scientific pursuits, which application shall be dated, signed,
and sworn to by the purchaser.
All applications required by this section shall state clearly and
specifically the kind and quantity of alcohol required and the
use to which it is to be put by the person purchasing it, and
that the person will not use any of the alcohol procured for any
other
use than that stated in the application.
All prescriptions and applications required by this section shall
be canceled as soon as filled by the person filling the same, by
having "canceled" plainly written or stamped thereon and signed
and dated by the person who filled the same, and shall be kept
open to public inspection. No person shall furnish alcohol more
than once on any such prescription or application.
Each holder of such a permit shall register in an alphabetically
arranged book, kept exclusively for that purpose, all
prescriptions of physicians and dentists, in the following order:
the name of the physician or dentist, the name of the person
prescribed for, the quantity and kind of alcohol, and the use for
which prescribed.
The person making the sale shall indorse upon the prescription
the date upon which it was filled and the person's own name. Each
such
holder shall keep a record of applications, showing the date of
each, by whom made, the quantity and kind of alcohol supplied,
and when, where, and for what purpose and by whom such alcohol
was to be used. Each applicant shall certify to the same by
signing the applicant's name in such record book. Such book shall
be open at
all times during business hours to the inspection of the
division.
Any registered LICENSED pharmacist or assistant
pharmacist INTERN may administer
the oath required by this section.
Sec. 4723.28. As used in this section, "dangerous drug"
and "prescription" have the same meanings as in section 4729.02
4729.01 of the Revised Code.
(A) The board of nursing, pursuant to an adjudication
conducted under Chapter 119. of the Revised Code and by a vote of
a quorum, may revoke or may refuse to grant a license or certificate
to a person
found by the board to have committed fraud in passing the
examination or to have committed fraud, misrepresentation, or
deception in applying for or securing any license or certificate
issued by the
board.
(B) The board of nursing, pursuant to an adjudication conducted
under Chapter 119. of the Revised Code and by a vote of a
quorum, may impose one or more of the following sanctions: deny,
revoke permanently, suspend, or place restrictions on any license
or certificate issued by
the board; reprimand or otherwise discipline a holder of a
license or certificate; or impose a fine of not more than five hundred
dollars
per violation. The sanctions may be imposed for any of the
following:
(1) Denial, revocation, suspension, or restriction of a
license to practice nursing, for any reason other than a failure to
renew, in another state or jurisdiction; or denial, revocation,
suspension, or restriction of a license to practice a health care
occupation other than nursing, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction;
(2) Engaging in the practice of nursing, having failed to
renew a license issued under this chapter, or while a license is under
suspension;
(3) Conviction of, a plea of guilty to, or a judicial
finding of guilt of a misdemeanor committed in the course of
practice;
(4) Conviction of, a plea of guilty to, or a judicial
finding of guilt of any felony or of any crime involving gross
immorality or moral turpitude;
(5) Selling, giving away, or administering drugs for other
than legal and legitimate therapeutic purposes; or conviction of,
a plea of guilty to, or a judicial finding of guilt of violating
any municipal, state, county, or federal drug law;
(6) Conviction of, a plea of guilty to, or a judicial
finding of guilt of an act in another jurisdiction that would
constitute a felony or a crime of moral turpitude in Ohio;
(7) Conviction of, a plea of guilty to, or a judicial
finding of guilt of an act in the course of practice in another
jurisdiction that would constitute a misdemeanor in Ohio;
(8) Self-administering or otherwise taking into the body
any dangerous drug in any way not in accordance with a legal,
valid prescription;
(9) Habitual indulgence in the use of controlled
substances, other habit-forming drugs, or alcohol or other
chemical substances to an extent that impairs ability to
practice;
(10) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use
of
drugs, alcohol, or other chemical
substances that impair the ability to practice;
(11) Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care because of a physical or mental
disability;
(12) Assaulting or causing harm to a patient or depriving
a patient of the means to summon assistance;
(13) Obtaining or attempting to obtain money or anything
of value by intentional misrepresentation or material deception
in the course of practice;
(14) Adjudication by a probate court that the license
applicant or license holder is mentally ill or mentally
incompetent. The board may restore the license upon adjudication
by a probate court of the person's restoration to competency or
upon submission to the board of other proof of competency.
(15) The suspension or termination of employment by the
department of defense or the veterans administration of the
United States for any act that violates or would violate this
chapter;
(16) Violation of this chapter or any rules adopted under
it;
(17) Violation of any restrictions placed on a license by
the board;
(18) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code;
(19) Failure to practice in accordance with acceptable
and
prevailing standards of safe nursing care;
(20) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse under section 4723.02 of the Revised Code;
(21) In the case of a licensed practical nurse, engaging
in activities that exceed the practice of nursing as a licensed
practical nurse under section 4723.02 of the Revised Code;
(22) Aiding and abetting in the unlicensed practice of
nursing;
(23) In the case of a certified registered nurse anesthetist,
clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner,
or a registered nurse approved as an
advanced practice nurse under section 4723.55 of the Revised
Code, either of the following:
(a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers such nursing
services, would otherwise be required to pay if the waiver is
used as an enticement to a patient or group of patients to
receive health care services from that provider;
(b) Advertising that the nurse will waive the payment of all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers such nursing services, would otherwise be required to
pay.
(24) Failure to comply with the terms and conditions of
participation in
the alternative program for chemically dependent nurses created by section
4723.35 of the Revised Code;
(25) In the case of a certified registered nurse anesthetist, clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner:
(a) Engaging in activities that exceed those
permitted for the nurse's nursing specialty under section 4723.43 of the
Revised Code;
(b) Failure to meet the quality assurance standards
established under section 4723.07 of the
Revised Code.
(26) In the case of a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner, failure to maintain a standard
care arrangement in accordance with section 4723.431 of the
Revised Code or to practice in accordance with the standard
care arrangement.
(C) If a criminal action is brought against a license
holder for an act or crime described in divisions (B)(3) to (7)
of this section and the action is dismissed by the trial court
other than on the merits, the board shall hold an
adjudication hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the
basis of the hearing that the license holder committed the act,
or if the license holder fails to participate in the hearing, the
board may take action as though the license holder had been
convicted of the act.
If the board takes action on the basis of a conviction,
plea of guilty, or a judicial determination of guilt as described
in divisions (B)(3) to (7) of this section that is overturned on
appeal, the license holder may, on exhaustion of the appeal
process, petition the board for reconsideration of its action.
On receipt of the petition and supporting court documents, the
board shall temporarily rescind its action. If the board
determines that the decision on appeal was a decision on the
merits, it shall permanently rescind its action. If the board
determines that the decision on appeal was not a decision on the
merits, it shall hold an adjudicatory hearing to determine
whether the license holder committed the act on which the
original conviction, plea, or judicial determination was based.
If the board determines on the basis of the hearing that the
license holder committed such act, or if the license holder does
not request a hearing, the board shall reinstate its action;
otherwise, the board shall permanently rescind its action.
Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section.
(D) In enforcing division (B) of this section, the board
may compel any individual licensed by this chapter or who has
applied for licensure to submit to a mental or physical
examination, or both, as required by the board and at the expense
of the individual. Failure of any individual to submit to a
mental or physical examination when directed constitutes an
admission of the allegations, unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds that an individual
is impaired, the board shall require the individual to submit to
care, counseling, or treatment approved or designated by the
board, as a condition for initial, continued, reinstated, or
renewed licensure to practice. The individual shall be afforded
an opportunity to demonstrate to the board that the individual can
resume
the individual's occupation in compliance with acceptable and
prevailing
standards under the provisions of the individual's license. For
the purpose
of this section, any individual who is licensed by this chapter
or makes application for licensure shall be deemed to have given
consent to submit to a mental or physical examination when
directed to do so in writing by the board, and to have waived all
objections to the admissibility of testimony or examination
reports that constitute a privileged communication.
(E) The board shall investigate evidence that appears to
show that any person has violated any provision of this chapter
or any rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be
liable for civil damages as a result of the report or testimony.
Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to law
enforcement officers and government entities investigating a person licensed
by the board. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to this division
shall divulge the information to any other person or government entity except
for the purpose of an adjudication by a court or licensing or registration
board or officer to which the person to whom the information relates is a
party.
If the investigation requires a review of patient records,
the investigation and proceeding shall be conducted in such a
manner as to protect patient confidentiality.
All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
The hearings of the board shall be conducted in accordance
with Chapter 119. of the Revised Code. The board may appoint a
hearing examiner as provided in section 119.09 to conduct any
hearing the board is empowered to hold under Chapter 119. of the
Revised Code.
In the absence of fraud or bad faith, neither the board nor
any current or former members, agents, representatives, or
employees of the board shall be held liable in damages to any
person as the result of any act, omission, proceeding, conduct,
or decision related to their official duties undertaken or
performed pursuant to this chapter. If a current or former
member, agent, representative, or employee requests the state to
defend the individual against any claim or action arising out of
any act,
omission, proceeding, conduct, or decision related to the
individual's
official duties, if the request is made in writing at a
reasonable time before trial, and if the individual requesting
defense cooperates in good faith in the defense of the claim or
action, the state shall provide and pay for such defense and
shall pay any resulting judgment, compromise, or settlement. At
no time shall the state pay that part of a claim or judgment that
is for punitive or exemplary damages.
(F) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice.
(G) No unilateral surrender of a license issued under this
chapter shall be effective unless accepted by majority vote of
the board. No application for a license issued under this
chapter may be withdrawn without a majority vote of the board.
(H) Notwithstanding division (B)(23) of this section,
sanctions shall not be imposed against any licensee who waives
deductibles and copayments:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. The consent shall
be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
Sec. 4725.01. As used in this chapter:
(A)(1) The "practice of optometry" means the application
of optical principles, through technical methods and devices, in
the examination of human eyes for the purpose of ascertaining
departures from the normal, measuring their functional powers,
adapting optical accessories for the aid thereof, and detecting
ocular abnormalities that may be evidence of disease, pathology,
or injury.
(2) In the case of a licensed optometrist who holds a
topical ocular pharmaceutical agents certificate, the "practice
of optometry" has the same meaning as in division (A)(1) of this
section, except that it also includes administering topical
ocular pharmaceutical agents for the purposes set forth in
division (A)(1) of this section.
(3) In the case of a licensed optometrist who holds a
therapeutic pharmaceutical agents certificate, the "practice of
optometry" has the same meaning as in divisions (A)(1) and (2) of
this section, except that it also includes employing, applying,
administering, and prescribing instruments, devices, procedures
other than invasive procedures, and therapeutic pharmaceutical
agents for the following purposes:
(a) Examination, investigation, diagnosis, or prevention
of any disease, injury, or other abnormal condition of the visual
system;
(b) Treatment or cure of any disease, injury, or other
abnormal condition of the anterior segment of the human eye.
(B) "Topical ocular pharmaceutical agents" means:
(1) Proparacaine hydrochloride in a potency not exceeding
five-tenths of one per cent ophthalmic solution;
(2) Benoxinate hydrochloride in a potency not exceeding
four-tenths of one per cent ophthalmic solution;
(3) Phenylephrine hydrochloride in a potency not exceeding
two and five-tenths per cent ophthalmic solution;
(4) Hydroxyamphetamine hydrobromide in a potency not
exceeding one per cent ophthalmic solution;
(5) Tropicamide in a potency not exceeding one per cent
ophthalmic solution;
(6) Cyclopentolate in a potency not exceeding one per cent
ophthalmic solution;
(7) Any other topical ocular pharmaceutical agents if the
primary indications for their use are consistent with the
purposes set forth in division (A)(1) of this section, their new
drug application is approved by and the potency in which they may
be used for evaluative purposes has been established by the
federal food and drug administration after January 1, 1983, and
their use for the purposes set forth in division (A)(1) of this
section has been approved by rule of the state board of
optometry.
(C) "Therapeutic pharmaceutical agent" means a topical
ocular pharmaceutical agent or any of the following drugs or
dangerous drugs, as defined in section 4729.02 4729.01 of the
Revised
Code, that is used for examination, investigation, diagnosis, or
prevention of disease, injury, or other abnormal condition of the
visual system or for treatment or cure of disease, injury, or
other abnormal condition of the anterior segment of the human eye
and is an anti-microbial, anti-allergy, anti-glaucoma, topical
anti-inflammatory, or cycloplegic agent, or an analgesic:
(1) A topical ophthalmic preparation;
(2) Oral dosage of any of the following drugs:
(a) Acetazolamide;
(b) Astemizole;
(c) Dichlorphenamide;
(d) Diphenhydramine;
(e) Glycerin in a fifty per cent solution;
(f) Isosorbide in a forty-five per cent solution;
(g) Methazolamide;
(h) Analgesics that may be legally sold without
prescription;
(i) Terfenadine;
(j) Ampicillin in a two hundred fifty milligram or five
hundred milligram dosage;
(k) Cefaclor in a two hundred fifty milligram or five
hundred milligram dosage;
(l) Cephalexin in a two hundred fifty milligram or five
hundred milligram dosage;
(m) Dicloxacillin in a two hundred fifty milligram or five
hundred milligram dosage;
(n) Doxycycline in a fifty milligram or one hundred
milligram dosage;
(o) Erythromycin in a two hundred fifty milligram, three
hundred and thirty-three milligram, or five hundred milligram
dosage;
(p) Penicillin VK in a two hundred fifty milligram or five
hundred milligram dosage;
(q) Tetracycline in a two hundred fifty milligram or five
hundred milligram dosage.
(3) Any other oral dosage of a drug or dangerous drug that
is listed by rule adopted by the state board of optometry under
section 4725.04 of the Revised Code.
(D) "Invasive procedure" means any procedure that involves
cutting or otherwise infiltrating human tissue by mechanical
means including surgery, laser surgery, ionizing radiation,
therapeutic ultrasound, administering medication by injection, or
the removal of intraocular foreign bodies.
(E) "Visual system" means the human eye and its accessory
or subordinate anatomical parts.
(F) "Certificate of licensure" means a certificate issued
by the state board of optometry under section 4725.09 of the
Revised Code authorizing the holder to practice optometry as
provided in division (A)(1) of this section.
(G) "Topical ocular pharmaceutical agents certificate"
means a certificate issued by the state board of optometry under
section 4725.09 of the Revised Code authorizing the holder to
practice optometry as provided in division (A)(2) of this
section.
(H) "Therapeutic pharmaceutical agents certificate" means
a certificate issued by the state board of optometry under
division (A)(3) or (4) of section 4725.09 of the Revised Code
authorizing the holder to practice optometry as provided in
division (A)(3) of this section.
Sec. 4729.02 4729.01. As used in this chapter:
(A) "Pharmacy" means any area, room, rooms, place of
business, department, or portion of any of the foregoing,
where
prescriptions are filled or where drugs, dangerous drugs, or
poisons are compounded, sold, offered, or displayed for sale,
dispensed, or distributed to the public THE PRACTICE OF PHARMACY IS
CONDUCTED.
(B) To "practice PRACTICE OF pharmacy" means to
interpret PROVIDING PHARMACIST CARE REQUIRING SPECIALIZED KNOWLEDGE,
JUDGMENT, AND SKILL DERIVED FROM THE PRINCIPLES OF BIOLOGICAL, CHEMICAL,
BEHAVIORAL, SOCIAL, PHARMACEUTICAL, AND CLINICAL SCIENCES. AS USED IN THIS
DIVISION, "PHARMACIST CARE" INCLUDES THE FOLLOWING:
(1) INTERPRETING prescriptions, to compound or dispense;
(2) COMPOUNDING OR DISPENSING drugs, dangerous drugs,
and poisons, and DISPENSING DRUG THERAPY related devices that
under the
"Federal Food,
Drug, and Cosmetic Act" must be labeled for sale only on the
order of a practitioner; to participate in drug selection
pursuant to Chapter 3715. and section 4729.38 of the Revised
Code; and to participate with practitioners in reviews of drug
utilization.;
(C)(3) COUNSELING INDIVIDUALS WITH REGARD TO THEIR DRUG
THERAPY,
RECOMMENDING DRUG THERAPY RELATED DEVICES, AND ASSISTING IN THE
SELECTION OF DRUGS AND APPLIANCES FOR TREATMENT OF COMMON
DISEASES AND INJURIES AND PROVIDING INSTRUCTION IN THE PROPER
USE OF THE DRUGS AND APPLIANCES;
(4) PERFORMING DRUG REGIMEN REVIEWS WITH INDIVIDUALS
BY DISCUSSING ALL OF THE DRUGS THAT THE INDIVIDUAL IS TAKING AND
EXPLAINING THE INTERACTIONS OF THE DRUGS;
(5) PERFORMING DRUG UTILIZATION REVIEWS WITH LICENSED
HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS WHEN THE
PHARMACIST DETERMINES THAT AN INDIVIDUAL WITH A PRESCRIPTION HAS
A DRUG REGIMEN THAT WARRANTS ADDITIONAL DISCUSSION WITH THE
PRESCRIBER;
(6) ADVISING AN INDIVIDUAL AND THE HEALTH CARE
PROFESSIONALS TREATING AN INDIVIDUAL WITH REGARD TO THE
INDIVIDUAL'S DRUG THERAPY;
(7) ACTING PURSUANT TO A CONSULT AGREEMENT WITH A
PHYSICIAN AUTHORIZED UNDER
CHAPTER 4731. OF THE
REVISED
CODE TO PRACTICE MEDICINE AND
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY, IF AN AGREEMENT HAS
BEEN ESTABLISHED WITH THE PHYSICIAN.
(C) "COMPOUNDING"
MEANS THE PREPARATION, MIXING, ASSEMBLING, PACKAGING, AND
LABELING OF ONE OR MORE DRUGS IN ANY OF THE FOLLOWING
CIRCUMSTANCES:
(1) PURSUANT TO A PRESCRIPTION ISSUED BY A
LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;
(2) PURSUANT TO THE MODIFICATION OF A PRESCRIPTION MADE IN ACCORDANCE WITH
A CONSULT AGREEMENT;
(3) AS AN INCIDENT TO RESEARCH, TEACHING ACTIVITIES,
OR CHEMICAL ANALYSIS;
(4) IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED
ON ROUTINE, REGULARLY OBSERVED DISPENSING PATTERNS.
(D) "CONSULT AGREEMENT" MEANS AN AGREEMENT TO MANAGE AN
INDIVIDUAL'S DRUG THERAPY THAT HAS BEEN ENTERED INTO BY
A PHARMACIST AND A PHYSICIAN AUTHORIZED UNDER
CHAPTER 4731. OF THE
REVISED
CODE TO PRACTICE MEDICINE AND
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.
(E) "Drug" means:
(1) Any article recognized in the official United States
pharmacopeia, PHARMACOPOEIA AND national formulary, or any
supplement TO THEM, intended for
use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man HUMANS or other animals;
(2) Any other article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in man
HUMANS or other animals;
(3) Any article, other than food, intended to affect the
structure or any function of the body of man HUMANS or
other animals;
(4) Any article intended for use as a component of any
article specified in division (C)(1), (2), or (3) of this
section; but does not include devices or their components, parts,
or accessories.
(D)(F) "Dangerous drug" means any of the following:
(1) Any drug to which either of the following applies:
(a) Under the "Federal Food, Drug, and
Cosmetic Act," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS
AMENDED, THE DRUG is required to bear a label containing
the
legend "Caution: Federal law prohibits dispensing without
prescription" or "Caution: Federal law restricts this drug
to use by or on the order of a licensed veterinarian" or any similar
restrictive statement, or THE DRUG may be dispensed only upon a
prescription;
(b) Under Chapter 3715. or 3719. of the Revised Code, THE DRUG
may be dispensed only upon a prescription;.
(2) Any drug that contains a schedule V controlled
substance and that is exempt from Chapter 3719. of the Revised
Code or to which that chapter does not apply;
(3) Any drug intended for administration by injection into
the human body other than through a natural orifice of the human
body.
(E)(G) "Federal drug abuse control laws" has the same meaning
as in section 3719.01 of the Revised Code.
(F) "Federal Food, Drug, and Cosmetic Act," means the
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C. 301, as amended.
(G)(H) "Prescription" means an A WRITTEN,
ELECTRONIC, OR
ORAL order for drugs or
combinations or mixtures of drugs TO BE USED BY A PARTICULAR INDIVIDUAL OR
FOR TREATING A PARTICULAR ANIMAL, written or signed ISSUED
by a
practitioner or transmitted by a practitioner to a pharmacist by
word of mouth, telephone, telegraph, or other means of
communication and recorded in writing by the pharmacist LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.
(H)(I) "Practitioner LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS" means any of the following:
(1) A person AN INDIVIDUAL who is licensed pursuant to
Chapter 4715., 4725., 4731., or 4741. of the Revised Code and authorized
by law
to write prescriptions for drugs or PRESCRIBE DRUGS OR dangerous
drugs;
(2) A professional association, as defined in section
1785.01 of the Revised Code, organized by an individual who is,
or a group of individuals who are, licensed pursuant to Chapter
4715., 4725., 4731., or 4741. of the Revised Code and authorized
by law to write prescriptions for drugs or dangerous drugs, or a
corporation-for-profit formed under Chapter 1701. of the Revised
Code by an individual or group of individuals so licensed and
authorized;
(3) A partnership of individuals who are licensed pursuant
to Chapter 4715., 4725., 4731., or 4741. of the Revised Code and
authorized by law to write prescriptions for drugs or dangerous
drugs;
(4) A limited liability company formed under Chapter 1705.
of the Revised Code for the purpose of rendering a professional
service covered by Chapter 4715., 4725., 4731., or 4741. of the
Revised Code, the members, employees, other agents, and, if
applicable, managers of which are licensed or otherwise legally
authorized to render the covered professional service in this
state and are authorized by law to write prescriptions for drugs
or dangerous drugs;
(5) OR DRUG THERAPY RELATED DEVICES IN THE COURSE OF THE
INDIVIDUAL'S PROFESSIONAL PRACTICE, INCLUDING ONLY THE
FOLLOWING:
(1) A DENTIST LICENSED UNDER
CHAPTER 4715. OF THE REVISED CODE;
(2) An advanced practice nurse authorized APPROVED
under section
4723.56 of the Revised Code to prescribe drugs and therapeutic
devices;
(3) AN OPTOMETRIST LICENSED UNDER
CHAPTER 4725. OF THE
REVISED
CODE TO PRACTICE OPTOMETRY
UNDER A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE;
(4) A PHYSICIAN AUTHORIZED UNDER
CHAPTER 4731. OF THE
REVISED
CODE TO PRACTICE MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY;
(5) A VETERINARIAN LICENSED UNDER CHAPTER 4741. OF THE
REVISED CODE.
(I) "Poison" means any drug, chemical, or preparation
likely to be deleterious or destructive to adult human life in
quantities of four grams or less.
(J) "Sale" and "sell" include delivery, transfer, barter,
exchange, or gift, or offer therefor, and each such transaction
made by any person, whether as principal proprietor, agent, or
employee.
(K) "Wholesale sale" and "sale at wholesale" mean any sale
in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.
(L) "Retail sale" and "sale at retail" mean any sale other
than a wholesale sale or sale at wholesale.
(M) "Retail seller" means any person that sells any
dangerous drug to consumers without assuming control over and
responsibility for its administration. Mere advice or
instructions regarding administration do not constitute control
or establish responsibility.
(N) "Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:
(1) The proprietary name of the drug product;
(2) The established (generic) name of the drug product;
(3) The strength of the drug product if the product
contains a single active ingredient or if the drug product
contains more than one active ingredient and a relevant strength
can be associated with the product without indicating each active
ingredient. The established name and quantity of each active
ingredient are required if such a relevant strength cannot be so
associated with a drug product containing more than one
ingredient.
(4) The dosage form;
(5) The price charged for a specific quantity of the drug
product. The stated price shall include all charges to the
consumer, including, but not limited to, the cost of the drug
product, professional fees, handling fees, if any, and a
statement identifying professional services routinely furnished
by the pharmacy. Any mailing fees and delivery fees may be
stated separately without repetition. The information shall not
be false or misleading.
(O) "Wholesale distributor of dangerous drugs" means a
person engaged in the sale of dangerous drugs at wholesale and
includes any agent or employee of such a person authorized
by the person to engage in the sale of dangerous drugs at
wholesale.
(P) "Manufacturer of dangerous drugs" means a person,
other than a pharmacist, who manufactures dangerous drugs and who
is engaged in the sale of those dangerous drugs within this
state.
(Q) "Terminal distributor of dangerous drugs" means a
person, other than a practitioner, who is engaged in the sale of
dangerous drugs at retail, or any person, other than a wholesale
distributor or a pharmacist, who has in the person's
possession, custody,
or control OF dangerous drugs for any purpose other than for the
THAT person's own
use and consumption, and includes pharmacies, hospitals, nursing
homes, and laboratories and all other persons who procure
dangerous drugs for sale or other distribution by or under the
supervision of a pharmacist or medical practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.
(R) "Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely
to induce, directly or indirectly, the purchase of a dangerous
drug at retail.
(S) "Person" includes any individual, partnership,
association, limited liability company, or corporation, the
state, any political subdivision of the state, and any district,
department, or agency of the state or its political subdivisions.
(T) "Finished dosage form" has the same meaning as in
division (A)(17) of section 3715.01 of the Revised Code.
(U) As used in section 4729.38 of the Revised Code,
"manufacturer" means a person who manufactures, as defined in
division (A)(18) of section 3715.01 of the Revised Code.
(V) "Generically equivalent drug" has the same meaning as
in division (A)(20) of section 3715.01 of the Revised Code.
(W)(V) "Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the
Revised Code or a dog pound operated pursuant to Chapter 955. of
the Revised Code.
(X)(W) "Food" has the same meaning as in section 3715.01
of the Revised Code.
Sec. 4729.01 4729.02. There shall be a state board of
pharmacy,
consisting of nine members, eight of whom shall be pharmacists
registered LICENSED under this chapter, representing to the
extent
practicable various phases of the practice of pharmacy, and one
of whom shall be a public member at least sixty years of age.
Members shall be appointed by the governor with the advice and
consent of the senate. Terms of office shall be for four years,
commencing on the first day of July and ending on the thirtieth
day of June. The Ohio state pharmaceutical PHARMACISTS
association may
annually submit to the governor the names of not less than five
pharmacists registered LICENSED under this chapter, and from the
names
submitted or from others, at his THE GOVERNOR'S discretion, the
governor each
year shall appoint two members of the board, except that the
governor shall appoint three members of the board in 1991 and
every four years thereafter MAKE APPOINTMENTS TO THE BOARD. Each
member shall hold office from
the date of his appointment until the end of the term for which
he THE MEMBER was appointed. Any member appointed to fill a
vacancy
occurring prior to the expiration of the term for which his THE
predecessor was appointed shall hold office for the remainder of
such term. Any member shall continue in office subsequent to the
expiration date of his THE MEMBER'S term until his
A successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
No member of the board shall be reappointed to the board
more than once.
Sec. 4729.03. The state board of pharmacy shall organize by electing a
president and a vice-president who are members of the board. The president
shall preside over the meetings of the board, but shall not vote upon matters
determined by the board, except in the event of a tie vote, in which case the
president shall vote. The board shall also employ an executive director who
is a registered LICENSED pharmacist
in good standing in his profession and who is not THE
PRACTICE OF PHARMACY IN THIS STATE. THE PERSON EMPLOYED SHALL NOT BE a
member of the board. Each of the officers elected shall serve for a term of
one year. The members of the board shall receive an amount fixed pursuant to
division (J) of section 124.15 of the Revised Code for each day employed in
the
discharge of their official duties and their necessary expenses while engaged
therein.
Sec. 4729.06. The state board of pharmacy shall keep a record of its
proceedings and a register of all persons to whom identification cards and
certificates LICENSES have been granted as pharmacists or
pharmacy interns, together
with each renewal and suspension or revocation of an identification card and
certificate LICENSE. The books and registers of the board shall
be prima-facie
evidence of the matters therein recorded. The president and executive
director
of the board may administer oaths.
A statement signed by the executive director to which is affixed the official
seal of the board to the effect that it appears from the records of the board
that no such THE BOARD HAS NOT ISSUED AN identification card and
certificate LICENSE to practice pharmacy, or any
of its branches, in the state has been issued to any such
THE person specified
therein IN THE STATEMENT, or that an identification card and
certificate LICENSE, if issued, has been
revoked or suspended, shall be received as prima-facie evidence of the record
of such THE board in any court or before any officer of this
state.
Sec. 4729.07. An individual desiring to be registered LICENSED
as a
pharmacist shall file with the executive director of the state
board of pharmacy a verified application giving such information
as the board requires, and appear before the board to take an
examination to determine fitness to practice pharmacy.
Examinations of those applying for registration LICENSURE as
pharmacists
shall be held at such times, during each year, and at such places
as the board determines. The board may make use of all or any
part of the licensure examination of the national association of
boards of pharmacy or any other national standardized pharmacy
examination that it considers appropriate to perform its duties
under this section. The board may require applicants for
licensure by examination to purchase the examination and any
related materials from the organization providing it.
Sec. 4729.08. Every applicant for examination and
registration LICENSURE as a pharmacist shall:
(A) Be at least eighteen years of age;
(B) Be of good moral character and habits;
(C) Have obtained a degree in pharmacy from a program that
has been recognized and approved by the state board of pharmacy,
except that graduates of schools or colleges of pharmacy that are
located outside the United States and have not demonstrated that
the standards of their programs are at least equivalent to
programs recognized and approved by the board shall be required
to pass an equivalency examination recognized and approved by the
board and to establish written and oral proficiency in English.
(D) Have satisfactorily completed at least the minimum
requirements for pharmacy internship as outlined by the board.
If the board is satisfied that the applicant meets the
foregoing requirements and if the applicant passes the
examination required under section 4729.07 of the Revised Code,
the board shall issue to the applicant a certificate of
registration LICENSE and an identification card authorizing
him THE INDIVIDUAL to practice pharmacy.
Sec. 4729.09. The state board of pharmacy may register LICENSE
an
individual as a pharmacist
without examination and issue him a certificate of such
registration and an
identification card TO THE PHARMACIST if such THE
individual:
(A) Holds a certificate LICENSE in good standing to practice
pharmacy
under the laws
of another state, has successfully completed an examination for
registration LICENSURE
in
the other state, and in the opinion of the board, such THE
examination was at least
as thorough as that required by the board at the time such THE
individual took the
examination;
(B) Is of good moral character and habit;
(C) Has filed with the board LICENSING BODY of the OTHER
state with which he holds a
certificate of
good standing at least the credentials or the equivalent as where
then THAT WERE required
by the Ohio board for registration as THIS STATE AT THE TIME THE
INDIVIDUAL WAS LICENSED a pharmacist.
The board shall not issue any identification card or certificate
LICENSE to such AN
individual LICENSED IN ANOTHER STATE if the state in which such
THE individual is registered LICENSED does not
reciprocate by granting certificates LICENSES to practice
pharmacy to persons holding
valid certificates to practice pharmacy in Ohio issued LICENSES
RECEIVED through examination by
the state board of pharmacy of Ohio.
Sec. 4729.11. The state board of pharmacy shall establish a pharmacy
internship program for the purpose of providing the practical experience
necessary for registration TO PRACTICE as a pharmacist. Any
individual who desires to
become a pharmacy intern shall apply for
registration LICENSURE to the board, and shall
be issued an identification card and certificate of registration
LICENSE as a pharmacy
intern if in the opinion of the board the applicant is actively pursuing an
educational program in preparation for registration LICENSURE as
a pharmacist and meets
the other requirements as determined by the board. Such AN
identification card
and certificate of registration LICENSE shall be valid until the
next annual renewal
date and shall be renewed only if the intern is meeting the requirements and
regulations RULES of the board.
The state board of pharmacy may appoint a director of pharmacy internship who
is a registered LICENSED pharmacist and who is not directly or
indirectly
connected with a school or college of pharmacy or department of pharmacy of a
university. THE
The director of pharmacy internship shall be responsible to the board
for the
operation and direction of the pharmacy internship program established by the
board under this section, and for such other duties as the board
may assign.
Sec. 4729.12. The AN IDENTIFICATION CARD ISSUED BY THE state
board of pharmacy shall issue an
identification card to each registered pharmacist or pharmacy
intern, which shall entitle UNDER SECTION 4729.08 of the Revised Code ENTITLES the
individual to whom it is issued
to practice as a pharmacist or as a pharmacy intern
in this state
until the next annual renewal date.
Identification cards shall be renewed annually on the
fifteenth day of September, according to the standard renewal
procedure of sections 4745.01 to 4745.03 CHAPTER
4745. of the Revised Code.
Each pharmacist and pharmacy intern shall have
his CARRY THE
identification card or renewal identification card on his person
while engaged in the practice of pharmacy and his certificate of
registration. THE LICENSE shall be conspicuously exposed at
the principal
place where he THE PHARMACIST OR PHARMACY INTERN practices
pharmacy.
If a A pharmacist or pharmacy intern
WHO desires to continue IN the
practice of his profession, he PHARMACY shall file with the
board an
application in such form and containing such data as the board
may require for renewal of an identification card. If the board
finds that the applicant has been registered and that such
registration APPLICANT'S CARD has not been revoked or placed under
suspension, AND
that he THE APPLICANT has paid the renewal fee, has continued
his pharmacy
education in accordance with the rules of the board, and is
entitled to continue in the practice of pharmacy, the board shall
issue a renewal identification card to the applicant.
When an identification card has lapsed for more than sixty
days but application is made within three years after the
expiration of the card, the applicant shall be issued a renewal
identification card without further examination if he THE
APPLICANT meets the
requirements of this section and pays the fee designated under
division (E) of section 4729.15 of the Revised Code.
Sec. 4729.13. If a registered A pharmacist WHO fails to make
application to
the state board of pharmacy for a renewal identification card within a period
of three years from the expiration of his THE
identification card, he must pass an
examination for registration; except that a person who has been registered
under the laws of this state and after the expiration of his PHARMACIST
WHOSE registration HAS EXPIRED, BUT WHO has continually practiced
pharmacy in another state under a certificate LICENSE issued by
the authority of such THAT
state, may obtain a renewal identification card upon payment to the executive
director of the board the fee designated under division (F) of section 4729.15
of the Revised Code.
Sec. 4729.14. A replacement certificate LICENSE or
identification card may be issued
a
person registered WITH THE STATE BOARD OF PHARMACY as a pharmacist or
as a pharmacy intern whose certificate
LICENSE or
identification card has been lost or destroyed, upon condition that the
applicant by affidavit sets forth the facts concerning the loss or destruction
of his certificate THE PREVIOUSLY ISSUED LICENSE or
identification card.
Sec. 4729.15. The state board of pharmacy shall charge the
following fees:
(A) For applying for registration A LICENSE TO PRACTICE as a
pharmacist, an
amount adequate to cover all rentals, compensation for proctors,
and other expenses of the board related to examination except the
expenses of procuring and grading the examination, which fee
shall not be returned if the applicant fails to pass the
examination;
(B) For the examination of an applicant for registration
LICENSURE
as a pharmacist, an amount adequate to cover any expenses to the
board of procuring and grading the examination or any part
thereof, which fee shall not be returned if the applicant fails
to pass the examination;
(C) For issuing a certificate of registration LICENSE and an
identification card to an individual who passes the
examination
described in section 4729.07 of the Revised Code, an amount that
is adequate to cover the expense;
(D) For the renewal application fee of a pharmacist APPLYING
for RENEWAL OF an
identification card within sixty days after the expiration date,
ninety-seven dollars and fifty cents, which
fee shall not be returned if the
applicant
fails to qualify for renewal;
(E) For the renewal application fee of a pharmacist APPLYING
for RENEWAL OF an
identification card that has lapsed for more than sixty days, but
for less than three years, one hundred thirty-five
dollars, which fee shall
not be returned if the applicant fails to qualify for renewal;
(F) For the renewal application fee of a pharmacist APPLYING
for RENEWAL OF an
identification card that has lapsed for more than three years,
three hundred thirty-seven dollars
and fifty cents, which fee shall not be
returned if the
applicant fails to qualify for renewal;
(G) For the application fee of an applicant for
registration as a pharmacist, certificate of registration,
APPLYING FOR A LICENSE and
identification card, on presentation of a certificate PHARMACIST
LICENSE granted by
another state, three hundred
thirty-seven dollars and fifty cents, which fee shall
not be returned if the applicant fails to qualify for
registration LICENSURE.
(H) For the application fee for registration A LICENSE AND
IDENTIFICATION CARD TO PRACTICE as a pharmacy
intern, certificate of registration, and identification card,
twenty-two dollars and fifty cents, which fee
shall not be returned if the applicant fails
to qualify for registration LICENSURE;
(I) For the renewal application fee of a pharmacy intern
for an identification card, twenty-two dollars and
fifty cents, which fee shall not be
returned if the applicant fails to qualify for renewal;
(J) For issuing a replacement certificate LICENSE to a
pharmacist,
twenty-two dollars and fifty cents;
(K) For issuing a replacement certificate LICENSE to a pharmacy
intern, seven dollars and fifty cents;
(L) For issuing a replacement identification card to a
pharmacist, thirty-seven dollars and fifty
cents, or pharmacy intern,
seven dollars and fifty cents;
(M) For certifying registration LICENSURE and grades for
reciprocal
registration LICENSURE, ten dollars;
(N) For making copies of any application, affidavit, or
other document filed in the state board of pharmacy office, an
amount fixed by the board that is adequate to cover the expense,
except that for copies required by federal or state agencies or
law enforcement officers for official purposes, no charge need be
made;
(O) For certifying and affixing the seal of the board, an
amount fixed by the board that is adequate to cover the expense,
except that for certifying and affixing the seal of the board to
a document required by federal or state agencies or law
enforcement officers for official purposes, no charge need be
made;
(P) For each copy of a book or pamphlet that includes laws
administered by the state board of pharmacy, rules adopted by the
board, and chapters of the Revised Code with which the board is
required to comply, an amount fixed by the board that is adequate
to cover the expense of publishing and furnishing the book or
pamphlet.
Sec. 4729.16. (A) The state board of pharmacy, after
notice and hearing in accordance with Chapter 119. of the
Revised Code, may revoke, suspend, place on probation, or
refuse to grant or renew an identification card under this
chapter, or may impose a monetary penalty or forfeiture not to
exceed in severity any fine designated under the Revised Code
for
a similar offense, or in the case of a violation of a section of
the Revised Code that does not bear a penalty, a monetary
penalty
or forfeiture of not more than five hundred dollars, if the board
finds a pharmacist or pharmacy intern:
(1) Guilty of a felony or gross immorality;
(2) Guilty of dishonesty or unprofessional conduct in the
practice of pharmacy;
(3) Addicted to or abusing liquor or drugs or impaired
physically or mentally to such a degree as to render him THE
PHARMACIST OR PHARMACY INTERN unfit to
practice pharmacy;
(4) Has been convicted of a misdemeanor related to, or
committed in, the practice of pharmacy;
(5) Guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of
any of the provisions of THIS CHAPTER, sections 3715.52 to
3715.72 of the Revised Code, or Chapter
2925., OR 3719., or 4729. of the Revised Code;
(6) Guilty of permitting anyone other than a pharmacist or
pharmacy intern to practice pharmacy;
(7) Guilty of knowingly lending his THE PHARMACIST'S OR PHARMACY
INTERN'S name to an illegal
practitioner of pharmacy or having professional connection with
an illegal practitioner of pharmacy; or
(8) Guilty of dividing or agreeing to divide remuneration
made in the practice of pharmacy with any other individual,
including, but not limited to, a practitioner ANY LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or
any owner, manager, or employee of a health care facility, residential care
facility, or nursing home;
(9) HAS VIOLATED THE TERMS OF A CONSULT AGREEMENT ENTERED INTO PURSUANT TO
SECTION 4729.39 of the Revised Code.
(B) Any individual whose identification card is revoked,
suspended, or refused, shall return his THE identification card
and
certificate of registration LICENSE to the offices of the state
board of
pharmacy within ten days after receipt of notice of such action.
(C) As used in this section:
"Unprofessional conduct in the practice of pharmacy"
includes any of the following:
(1) Advertising or displaying signs that promote dangerous
drugs to the public in a manner that is false or misleading;
(2) The sale of any drug for which a prescription from a
practitioner is required, without having received a prescription
for the drug;
(3) Willfully and knowingly filling prescriptions or
selling drugs for false or forged prescriptions;
(4) Willfully and knowingly failing to maintain complete
and accurate records of all controlled substances received or
dispensed in compliance with federal laws and regulations and
state laws and rules;
(5) Obtaining any remuneration by fraud, misrepresentation, or
deception;
(6) Obtaining or attempting to obtain a license issued
under THIS CHAPTER OR Chapter 3715. or 4729. of the Revised Code
from the state
board of pharmacy by fraud, misrepresentation, or deception;
(7) Waiving the payment of all or any part of a deductible or
copayment that an individual, pursuant to a health insurance or
health care policy, contract, or plan that covers pharmaceutical
services, would otherwise be required to pay for the services if
the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider.
(8) Advertising that a pharmacy, pharmacist, or pharmacist
intern will waive the payment of all or any part of a deductible
or copayment that an individual, pursuant to a health insurance
or health care policy, contract, or plan that covers
pharmaceutical services, would otherwise be required to pay for
the services.
(D) Notwithstanding divisions (C)(7) and (8) of this section,
sanctions shall not be imposed against any licensee who waives deductibles and
copayments:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copays
shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. Such
consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this chapter and
the rules of the board.
Sec. 4729.25. (A) The state board of pharmacy shall enforce, or cause to be
enforced, this chapter. If it has information that such sections have
ANY PROVISION OF THIS CHAPTER HAS been violated, it shall investigate
the matter, and take such action as it considers appropriate in accordance
with its rules made and published pursuant to ADOPTED UNDER
section 4729.26 of the Revised Code. WITH REGARD TO VIOLATIONS OF SECTIONS
4729.51 TO 4729.62 of the Revised Code, THE BOARD'S ACTIONS ALSO SHALL BE TAKEN IN ACCORDANCE
WITH SECTION 4729.63 of the Revised Code.
(B) Nothing in this chapter shall be construed to require the state board of
pharmacy to enforce minor violations of this chapter if the board determines
that the public interest is adequately served by a notice or warning to the
alleged offender.
Sec. 4729.26. The state board of pharmacy is empowered to make such
MAY ADOPT rules and regulations, subject to and in accordance
with sections 119.01 to 119.13,
inclusive, CHAPTER 119. of the Revised Code, not
inconsistent with the law, pertaining to
the practice of pharmacy as may be necessary to carry out the
purpose PURPOSES of and TO enforce sections 4729.01 to
4729.37, inclusive, of the Revised Code THE PROVISIONS OF THIS CHAPTER
PERTAINING TO THE PRACTICE OF PHARMACY. Such THE rules
and regulations
shall be published and distributed MADE AVAILABLE by the board
to each of its
licensees PHARMACIST LICENSED UNDER THIS CHAPTER.
Sec. 4729.27. A person not a registered pharmacist, who owns, manages,
or
conducts a pharmacy as defined in section 4729.02 of the Revised Code,
shall have in his employ, A PHARMACIST TO BE in full and
actual charge of
such pharmacy, a pharmacist
registered under the laws of this state. Any registered
pharmacist, who owns,
manages, or conducts a pharmacy shall be personally in full and actual charge
of such THE pharmacy, or shall have in his employ
ANOTHER PHARMACIST TO
BE in full and actual charge of such THE pharmacy, a
pharmacist registered
under the laws of this state.
Sec. 4729.28. No person who is not a registered pharmacist or a
pharmacy
intern under the personal supervision of a registered pharmacist shall
compound, dispense, or sell drugs, dangerous
drugs, and poisons
OR OTHERWISE ENGAGE IN THE PRACTICE OF PHARMACY.
Sec. 4729.29. (A) As used in this section:
(1) "Dentist" means a person licensed under Chapter 4715.
of the Revised Code to practice dentistry.
(2) "Optometrist" means a person who is licensed to
practice optometry and holds a valid therapeutic pharmaceutical
agents certificate issued under Chapter 4725. of the Revised
Code.
(3) "Physician" means a person holding a valid certificate
issued under Chapter 4731. of the Revised Code authorizing the
person to practice medicine and surgery, osteopathic medicine and surgery,
or podiatry.
(4) "Veterinarian" means a person licensed under Chapter
4741. of the Revised Code to practice veterinarian medicine.
(5) "Advanced practice nurse" means an individual approved under
section 4723.56 of the Revised Code to prescribe drugs and therapeutic
devices.
(B) Divisions (A) and (B) of section 4729.02 4729.01
and sections
4729.26, 4729.27, and SECTION 4729.28 of the Revised Code do not do
either of the following:
(1) Apply to a dentist, optometrist, physician,
veterinarian, or advanced practice nurse; LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS OR prevent
dentists, optometrists,
physicians, or
veterinarians A PRESCRIBER from personally supplying their
FURNISHING THE PRESCRIBER'S patients with
such drugs as to the dentist, optometrist, physician, or
veterinarian, WITHIN THE PRESCRIBER'S SCOPE OF PROFESSIONAL
PRACTICE, THAT seem proper; or prevent an advanced practice nurse from
personally supplying drugs and therapeutic devices in accordance with section
4723.561
of the Revised Code TO THE PRESCRIBER.
(2) Apply to the sale of oxygen, peritoneal dialysis
solutions, or the sale of proprietary
drugs or medicines by a retail dealer, in original packages when
labeled as required by the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
(B) WHEN A PRESCRIBER
PERSONALLY FURNISHES DRUGS TO A PATIENT PURSUANT TO DIVISION
(A)(1) OF THIS SECTION, THE
PRESCRIBER SHALL ENSURE THAT THE DRUGS ARE LABELED AND PACKAGED
IN ACCORDANCE WITH STATE AND FEDERAL DRUG LAWS AND ANY RULES AND
REGULATIONS ADOPTED PURSUANT TO THOSE LAWS. RECORDS OF PURCHASE
AND DISPOSITION OF ALL DRUGS PERSONALLY FURNISHED TO PATIENTS
SHALL BE MAINTAINED BY THE PRESCRIBER IN ACCORDANCE WITH STATE
AND FEDERAL DRUG STATUTES AND ANY RULES ADOPTED
PURSUANT TO THOSE STATUTES.
(C) Nothing in this chapter prohibits a person who is certified
to administer topical ocular pharmaceutical agents under Chapter
4725. of the Revised Code from purchasing, possessing, or
administering topical ocular pharmaceutical agents in accordance
with Chapter 4725. of the Revised Code.
Sec. 4729.30. Sections 4729.27 and 4729.28 of the Revised Code shall not
prohibit a person from selling Paris green and other materials or compounds
used exclusively for spraying and disinfecting when put up in bottles or
boxes,
bearing the name of a registered LICENSED pharmacist or
wholesale dealer, and
labeled as required by section 3719.33 of the Revised Code or apply to or
interfere with
the exclusively wholesale business of a dealer.
Sec. 4729.36. (A) No place except a pharmacy LICENSED AS A TERMINAL
DISTRIBUTOR OF DANGEROUS DRUGS AND NO PERSON EXCEPT A LICENSED PHARMACIST
shall
display any sign or
advertise in any fashion, using the words "pharmacy," "drugs," "drug store,"
"drug store supplies," "pharmacist," "druggist," "pharmaceutical chemist,"
"apothecary," "drug sundries," "medicine," or any of these words or their
equivalent, in any manner.
(B) A pharmacy or pharmacist making retail sales may advertise by name
or therapeutic class the availability for sale of OR dispensing
of any dangerous
drug provided such THAT THE advertising includes THE
price information as
defined SPECIFIED IN THE DEFINITION OF THAT TERM in division (N)
of section 4729.02 4729.01 of the Revised Code.
Sec. 4729.37. A copy of an original prescription may only be filled in
accordance with the rules and regulations adopted by the state board of
pharmacy.
Prescriptions received ELECTRONICALLY OR by word of mouth, telephone,
telegraph, or other
means
of communication shall be recorded in writing by the pharmacist and the record
so made by the pharmacist shall constitute the original prescription to be
filled by the pharmacist. All prescriptions shall be preserved on file at the
pharmacy for a period of three years FROM THE DATE OF LAST DISPENSING,
subject to inspection by the proper
officers of the law.
Sec. 4729.38. (A) Unless instructed otherwise by the
person receiving the drug pursuant to the prescription, a
pharmacist filling a prescription for a drug prescribed by its
brand name may select a generically equivalent drug, as defined
in section 3715.01 of the Revised Code, subject to the following
conditions:
(1) The pharmacist shall not select a generically
equivalent drug if the prescriber handwrites "dispense as
written," or "D.A.W.," on the written prescription, or,
when
ordering a prescription ELECTRONICALLY OR orally, the prescriber
specifies that the
prescribed drug is medically necessary. These designations shall
not be preprinted or stamped on the prescription. Division
(A)(1) of this section does not preclude a reminder of the
procedure required to prohibit the selection of a generically
equivalent drug from being preprinted on the prescription.
(2) The pharmacist shall not select a generically
equivalent drug unless its price to the purchaser PATIENT is
less than OR EQUAL TO the price of the prescribed drug, and shall
pass on as a savings
to the purchaser, other than the state medical assistance
program, the full amount of the retail price difference between
the prescribed brand name drug and the generically equivalent
drug. The amount paid for the generic drug under the state
medical assistance program shall be as provided by federal
regulation.
(3) The pharmacist, or the pharmacist's agent, assistant,
or employee shall inform the person receiving the drug pursuant
to the prescription of the selection of PATIENT OR THE PATIENT'S AGENT
IF a lower cost generically
equivalent drug IS AVAILABLE AT A LOWER OR EQUAL COST, of the price
difference between the brand name
drug and the generically equivalent drug, and of the person's right to
refuse the drug selected. Division (A)(3) of
this
section does not apply to any:
(a) Prescription that is billed to any agency, division,
or department of this state which will reimburse the pharmacy;
(b) Prescriptions for patients of a hospital, nursing
home, or similar patient care facility.
(B) Unless the prescriber instructs otherwise, the label
for every drug dispensed shall include the drug's brand name, if
any, or its generic name and the name of the distributor, using
abbreviations if necessary. A pharmacist shall indicate on the
container or its label the notation
"generic substitution made" when WHEN dispensing at retail a
generically equivalent drug for the
brand name drug prescribed, and shall verbally notify the
recipient that a generic substitution has been made. This
requirement shall be THE PHARMACIST SHALL INDICATE ON THE DRUG'S LABEL
OR CONTAINER THAT A GENERIC SUBSTITUTION WAS MADE. THE LABELING REQUIREMENTS
ESTABLISHED BY THIS DIVISION ARE in addition to all other labeling
requirements of Chapter 3715. of the Revised Code.
(C) A pharmacist who selects a generically equivalent drug
pursuant to this section assumes no greater liability for
selecting the dispensed drug than would be incurred in filling a
prescription for a drug prescribed by its brand name.
(D) The failure of a prescriber to restrict a prescription
by specifying "dispense as written," or "D.A.W.,"
pursuant to
division (A)(1) of this section shall not constitute evidence of
the prescriber's negligence unless the prescriber had reasonable
cause to believe that the health condition of the patient for
whom the drug was intended warranted the prescription of a
specific brand name drug and no other. No licensed prescriber
shall be liable for civil damages or in any criminal prosecution
arising from the interchange of a generically equivalent drug for
a prescribed brand name drug by a pharmacist, unless the
prescribed brand name drug would have reasonably caused the same
loss, damage, injury, or death.
(E) Each terminal distributor shall prepare a list of
generic and brand name drug products which may be selected as the
drug product of choice. In compiling the list of generic and
brand name drug products, the distributor shall rely on the drug
product research, testing, information, and lists compiled by
other pharmacies, states, the United States department of health
and human services, and any other source which the distributor
considers reliable. The list shall be available for review in
the pharmacy on request of the public, the state board of
pharmacy, or any practitioner. This list shall be revised
following each addition, deletion, or modification. No drug
interchange shall be made by a pharmacist unless the drug to be
interchanged is on this list.
Sec. 4729.381. No licensed pharmacist shall be liable for civil damages or in
any criminal prosecution arising from the dispensing of a drug based upon a
formulary established by a practitioner in a hospital, A health
insuring
corporation, or A long-term care facility, OR THE
DEPARTMENT OF REHABILITATION AND CORRECTIONS and
requiring the pharmacist to
dispense the particular drug.
Sec. 4729.39. (A) A PHARMACIST MAY
ENTER INTO A CONSULT AGREEMENT WITH A
PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF
THE REVISED
CODE TO PRACTICE MEDICINE AND SURGERY OR
OSTEOPATHIC MEDICINE AND SURGERY. UNDER A CONSULT AGREEMENT, A PHARMACIST IS
AUTHORIZED TO MANAGE AN INDIVIDUAL'S DRUG THERAPY, BUT ONLY TO THE EXTENT
SPECIFIED IN THE AGREEMENT BY THE INDIVIDUAL'S PHYSICIAN AND TO THE EXTENT
SPECIFIED IN THIS SECTION AND THE RULES ADOPTED UNDER THIS SECTION.
A SEPARATE CONSULT AGREEMENT MUST BE ENTERED INTO FOR EACH INDIVIDUAL
WHOSE DRUG THERAPY IS TO BE MANAGED BY A PHARMACIST. A CONSULT AGREEMENT
APPLIES ONLY TO THE PARTICULAR DIAGNOSIS FOR WHICH A PHYSICIAN PRESCRIBED AN
INDIVIDUAL'S DRUG THERAPY. IF A DIFFERENT DIAGNOSIS IS MADE FOR THE
INDIVIDUAL, THE PHARMACIST AND PHYSICIAN MUST ENTER INTO A NEW OR ADDITIONAL
CONSULT AGREEMENT.
MANAGEMENT OF AN INDIVIDUAL'S DRUG THERAPY BY A
PHARMACIST UNDER A CONSULT AGREEMENT MAY INCLUDE MONITORING AND
MODIFYING A PRESCRIPTION THAT HAS BEEN ISSUED FOR THE
INDIVIDUAL. EXCEPT AS PROVIDED IN SECTION 4729.38 OF THE
REVISED
CODE FOR THE SELECTION OF
GENERICALLY EQUIVALENT DRUGS, MANAGEMENT OF AN INDIVIDUAL'S DRUG
THERAPY BY A PHARMACIST UNDER A CONSULT AGREEMENT SHALL NOT
INCLUDE DISPENSING A DRUG THAT HAS NOT BEEN PRESCRIBED BY THE
PHYSICIAN.
EACH CONSULT AGREEMENT SHALL BE IN WRITING, EXCEPT THAT
A CONSULT AGREEMENT MAY BE ENTERED INTO VERBALLY IF IT IS
IMMEDIATELY REDUCED TO WRITING. A CONSULT AGREEMENT MAY NOT BE
IMPLEMENTED UNTIL IT HAS BEEN SIGNED BY THE PHARMACIST, THE
PHYSICIAN, AND THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED
OR ANOTHER PERSON WHO HAS THE AUTHORITY TO PROVIDE CONSENT TO
TREATMENT ON BEHALF OF THE INDIVIDUAL. THE PHYSICIAN SHALL
SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS
AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL
SPECIFIED IN THE AGREEMENT. THE PHYSICIAN SHALL INCLUDE IN THE
INDIVIDUAL'S MEDICAL RECORD THE FACT THAT A CONSULT AGREEMENT
HAS BEEN ENTERED INTO WITH A
PHARMACIST.
PRIOR TO COMMENCING ANY ACTION TO MANAGE AN
INDIVIDUAL'S DRUG THERAPY UNDER A CONSULT AGREEMENT, THE
PHARMACIST SHALL MAKE REASONABLE ATTEMPTS TO CONTACT AND CONFER
WITH THE PHYSICIAN WHO ENTERED INTO THE CONSULT AGREEMENT WITH
THE PHARMACIST. A PHARMACIST MAY COMMENCE AN ACTION TO MANAGE
AN INDIVIDUAL'S DRUG THERAPY PRIOR TO CONFERRING WITH THE
PHYSICIAN, BUT SHALL IMMEDIATELY CEASE THE ACTION THAT WAS
COMMENCED IF THE PHARMACIST HAS NOT CONFERRED WITH THE PHYSICIAN
WITHIN FORTY-EIGHT HOURS.
A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL MAINTAIN A RECORD OF
EACH ACTION TAKEN TO MANAGE AN INDIVIDUAL'S DRUG THERAPY. THE PHARMACIST
SHALL
SEND TO THE INDIVIDUAL'S PHYSICIAN A WRITTEN REPORT OF ALL ACTIONS TAKEN TO
MANAGE THE INDIVIDUAL'S DRUG THERAPY AT INTERVALS THE PHYSICIAN SHALL SPECIFY
WHEN ENTERING INTO THE AGREEMENT. THE PHYSICIAN SHALL INCLUDE THE
PHARMACIST'S
REPORT IN THE MEDICAL RECORDS THE PHYSICIAN MAINTAINS FOR THE
INDIVIDUAL.
A CONSULT AGREEMENT MAY BE TERMINATED BY EITHER THE
PHARMACIST OR PHYSICIAN WHO ENTERED INTO THE AGREEMENT.
BY WITHDRAWING
CONSENT, THE INDIVIDUAL WHOSE DRUG THERAPY IS BEING MANAGED OR THE INDIVIDUAL
WHO CONSENTED TO THE TREATMENT ON BEHALF OF THE INDIVIDUAL MAY TERMINATE A
CONSULT AGREEMENT. THE PHARMACIST OR PHYSICIAN WHO RECEIVES THE INDIVIDUAL'S
WITHDRAWAL OF CONSENT SHALL PROVIDE WRITTEN NOTICE TO THE OPPOSITE PARTY. A
PHARMACIST OR PHYSICIAN WHO TERMINATES A CONSULT AGREEMENT SHALL PROVIDE
WRITTEN NOTICE TO THE OPPOSITE PARTY AND TO THE INDIVIDUAL WHO CONSENTED TO
TREATMENT UNDER THE AGREEMENT. THE TERMINATION OF A CONSULT AGREEMENT SHALL
BE
RECORDED BY THE PHARMACIST AND PHYSICIAN IN THE RECORDS THEY MAINTAIN ON THE
INDIVIDUAL BEING TREATED.
THE AUTHORITY OF A PHARMACIST TO MANAGE AN INDIVIDUAL'S
DRUG THERAPY UNDER A CONSULT AGREEMENT DOES NOT PERMIT THE
PHARMACIST TO MANAGE DRUG THERAPY PRESCRIBED BY ANY OTHER
PHYSICIAN OR TO MANAGE AN INDIVIDUAL'S DRUG THERAPY IN A
HOSPITAL OR HEALTH CARE FACILITY AT WHICH THE PHARMACIST IS NOT
AUTHORIZED TO PRACTICE.
(B) THE STATE BOARD
OF PHARMACY, IN CONSULTATION WITH THE STATE MEDICAL BOARD, SHALL ADOPT RULES
TO BE FOLLOWED BY PHARMACISTS, AND THE STATE MEDICAL BOARD, IN CONSULTATION
WITH THE STATE BOARD OF PHARMACY, SHALL ADOPT RULES TO BE FOLLOWED BY
PHYSICIANS, THAT ESTABLISH STANDARDS AND PROCEDURES FOR
ENTERING INTO A CONSULT AGREEMENT AND MANAGING
AN INDIVIDUAL'S DRUG THERAPY UNDER A CONSULT AGREEMENT. THE
BOARDS SHALL SPECIFY IN THE RULES ANY CATEGORIES OF DRUGS OR
TYPES OF DISEASES FOR WHICH A CONSULT AGREEMENT MAY NOT BE
ESTABLISHED. EITHER BOARD MAY ADOPT ANY OTHER RULES IT
CONSIDERS NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF
THIS SECTION. ALL RULES ADOPTED UNDER THIS DIVISION SHALL BE
ADOPTED IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE.
Sec. 4729.51. (A) No person other than a registered
wholesale distributor of dangerous drugs shall possess for sale,
sell, distribute, or deliver, at wholesale, dangerous drugs,
except as follows:
(1) A pharmacist who is a licensed terminal distributor of
dangerous drugs or who is employed by a licensed terminal
distributor of dangerous drugs may make occasional sales of
dangerous drugs at wholesale;
(2) A licensed terminal distributor of dangerous drugs
having more than one establishment or place may transfer or
deliver dangerous drugs from one establishment or place for which
a license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each
establishment
or place is in effect at the time of the transfer or delivery.
(B)(1) No registered wholesale distributor of dangerous
drugs shall possess for sale, or sell, at wholesale, dangerous
drugs to any person other than the following:
(a) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS;
(b) A registered wholesale distributor of dangerous drugs;
(c) A manufacturer of dangerous drugs;
(d) A licensed terminal distributor of dangerous drugs,
subject to division (B)(2) of this section;
(e) Carriers or warehousers for the purpose of
carriage
or storage;
(f) Terminal or wholesale distributors of dangerous drugs
who are not engaged in the sale of dangerous drugs within this
state;
(g) An optometrist licensed under Chapter 4725. of the
Revised Code who is certified to administer topical ocular
pharmaceutical agents under that chapter for the purposes
authorized by that chapter;
(h) An individual who holds a current license, certificate, or
registration issued under Title 47 of the Revised Code and has been certified
to conduct diabetes education by a national certifying body specified in rules
adopted by the state board of pharmacy under section 4729.68 of the
Revised Code, but only with respect to
insulin that will be used
for the purpose of
diabetes education and only if diabetes education is within the
individual's scope of practice under statutes and rules
regulating the individual's profession.
(2) No registered wholesale distributor of dangerous drugs
shall possess dangerous drugs for sale at wholesale, or sell such
drugs at wholesale, to a licensed terminal distributor of
dangerous drugs, except to:
(a) A terminal distributor who has a category I license,
only dangerous drugs described in category I, as defined in
division (A)(1) of section 4729.54 of the Revised Code;
(b) A terminal distributor who has a category II license,
only dangerous drugs described in category I and category II, as
defined in divisions (A)(1) and (2) of section 4729.54 of the
Revised Code;
(c) A terminal distributor who has a category III license,
dangerous drugs described in category I, category II, and
category III, as defined in divisions (A)(1), (2), and (3) of
section 4729.54 of the Revised Code;
(d) A terminal distributor who has a limited category I,
II, or III license, only the dangerous drugs specified in the
certificate furnished by the terminal distributor in accordance
with section 4729.60 of the Revised Code.
(C)(1) Except as provided in division (C)(4) of this section,
no person shall sell, at retail, dangerous drugs.
(2) Except as provided in division (C)(4) of this section, no
person shall possess for sale, at retail, dangerous drugs.
(3) Except as provided in division (C)(4) of this section, no
person shall possess dangerous drugs.
(4) Divisions (C)(1), (2), and (3) of this section do not apply
to a registered wholesale distributor of dangerous drugs, a
licensed terminal distributor of dangerous drugs, a
practitioner, or a person who possesses, or possesses for sale
or sells, at retail, a dangerous drug in accordance with
Chapters 3719., 4715., 4725., 4729., 4731., and 4741. or section
4723.56 of the Revised Code.
Divisions (C)(1), (2), and (3) of
this section do not apply to an individual who holds a current
license, certificate, or registration issued under
Title 47 of the
Revised
Code and has been certified to
conduct diabetes education by a national certifying body
specified in rules adopted by the state board of pharmacy under
section 4729.68 of the Revised
Code, but only to the extent
that the individual possesses insulin or personally supplies
insulin solely for the purpose of diabetes education and only if
diabetes education is within the individual's scope of practice
under statutes and rules regulating the individual's
profession.
(D) No licensed terminal distributor of dangerous drugs
shall purchase for the purpose of resale dangerous drugs from
any
person other than a registered wholesale distributor of
dangerous
drugs, except as follows:
(1) A licensed terminal distributor of dangerous drugs may
make occasional purchases of dangerous drugs for resale from a
pharmacist who is a licensed terminal distributor of dangerous
drugs or who is employed by a licensed terminal distributor of
dangerous drugs;
(2) A licensed terminal distributor of dangerous drugs
having more than one establishment or place may transfer or
receive dangerous drugs from one establishment or place for which
a license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or receipt.
(E) No licensed terminal distributor of dangerous drugs
shall engage in the sale or other distribution of dangerous drugs
at retail or maintain possession, custody, or control of
dangerous drugs for any purpose other than the distributor's
personal use or
consumption, at any establishment or place other than that or
those described in the license issued by the board of pharmacy to
such terminal distributor.
(F) Nothing in this section shall do either of the
following:
(1) Require a person engaged solely in the sale or other
distribution, at wholesale, of drugs and supplies for veterinary
use only, to be registered under sections 4729.50 to 4729.66 of
the Revised Code;
(2) Prohibit the purchase or sale, at wholesale, of drugs
and supplies for veterinary use only by a person engaged solely
in the distribution of drugs and supplies for veterinary use
only.
(G) Nothing in this section shall be construed to
interfere with the performance of official duties by any law
enforcement official authorized by
municipal, county, state, or federal law to collect samples of
any drug, regardless of its nature or in whose possession it may
be.
Sec. 4729.52. (A) A person desiring to be registered as a
wholesale distributor of dangerous drugs shall file with the
executive director of the STATE board of pharmacy a verified
application containing such information as the board requires of
the applicant relative to the qualifications for TO BE REGISTERED
AS a wholesale
distributor of dangerous drugs set forth in section 4729.53 of
the Revised Code and the rules adopted pursuant thereto UNDER THAT
SECTION. The
board shall register as a wholesale distributor of dangerous
drugs each person who has submitted an application therefor and
APPLICANT WHO
has paid the required registration fee, if the board determines
that the applicant meets the qualifications for TO BE REGISTERED
AS a wholesale
distributor of dangerous drugs set forth in section 4729.53 of
the Revised Code and the rules adopted pursuant thereto UNDER THAT
SECTION.
(B) The board may register and issue to a nonresident
person WHO DOES NOT RESIDE IN THIS STATE a registration certificate as
a wholesale distributor of
dangerous drugs if the person possesses a current and valid
wholesale distributor of dangerous drugs registration certificate
or license issued by another state that has qualifications for
licensure or registration comparable to the registration
requirements in this state and pays the required registration
fee.
(C) All registration certificates issued pursuant to this
section are effective for a period of twelve months from the
first day of July of each year. A registration certificate shall
be renewed annually by the board for a like period, pursuant to
this section and the standard renewal procedure of Chapter 4745.
of the Revised Code. A person desiring to renew a registration
certificate shall submit an application for renewal and pay the
required renewal fee before the first day of July each year.
(D) Each registration certificate and its application
shall describe not more than one establishment or place where the
registrant or applicant may engage in the sale of dangerous drugs
at wholesale. No registration certificate shall authorize or
permit the wholesale distributor of dangerous drugs named therein
to engage in the sale of drugs at wholesale or to maintain
possession, custody, or control of dangerous drugs for any
purpose other than for the registrant's own use and consumption
at any establishment or place other than that described in the
certificate.
(E)(1) The registration fee is one hundred fifty dollars and shall
accompany each application for registration. The registration
renewal fee is one hundred fifty dollars and shall accompany each
renewal
application.
(2) A registration certificate that has not been renewed
in any year by the first day of August may be reinstated upon
payment of the renewal fee and a penalty fee of
fifty-five dollars.
(2) Renewal fees AND PENALTIES assessed under
divisions DIVISION (E)(1) and (2)
of this section shall not be returned if the applicant fails to qualify for
renewal.
(F) The registration of any person as a wholesale
distributor of dangerous drugs subjects the person and the
person's agents
and employees to the jurisdiction of the board and to the laws of
this state for the purpose of the enforcement of this chapter and
the rules of the board. However, the filing of an application
for registration as a wholesale distributor of dangerous drugs
by, or on behalf of, any person or the registration of any person
as a wholesale distributor of dangerous drugs shall not, of
itself, constitute evidence that the person is doing business
within this state.
Sec. 4729.54. (A) As used in this section:
(1) "Category I" means single-dose injections of
intravenous fluids, including saline, Ringer's lactate, five per
cent dextrose and distilled water, and other intravenous fluids
or parenteral solutions included in this category by rule of the
board of pharmacy, that have a volume of one hundred milliliters
or more and that contain no added substances, or single-dose
injections of epinephrine to be administered pursuant to sections
4765.38 and 4765.39 of the Revised Code.
(2) "Category II" means any dangerous drug that is not
included in category I or III.
(3) "Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.
(4) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(5) "Person" includes an emergency medical service
organization.
(6) "Schedule I, schedule II, schedule III, schedule IV,
and schedule V" mean controlled substance schedules I, II, III,
IV, and V, respectively, as established pursuant to section
3719.41 of the Revised Code and as amended.
(B) A person who desires to be licensed as a terminal
distributor of dangerous drugs shall file with the executive
director of the board of pharmacy a verified application that
contains the following:
(1) Information that the board requires relative to the
qualifications of a terminal distributor of dangerous drugs set
forth in section 4729.55 of the Revised Code;
(2) A statement that the person wishes to be licensed as a
category I, category II, category III, limited category I,
limited category II, or limited category III terminal distributor
of dangerous drugs;
(3) If the person wishes to be licensed as a limited
category I, limited category II, or limited category III terminal
distributor of dangerous drugs, a notarized list of the dangerous
drugs that the person wishes to possess, have custody or control
of, and distribute, which list shall also specify the purpose for
which those drugs will be used and their source;
(4) If the person is an emergency medical service
organization, the information that is specified in division
(C)(1) of this section;
(5) Except for an emergency medical service organization,
the identity of the one establishment or place at which the
person intends to engage in the sale or other distribution of
dangerous drugs at retail, and maintain possession, custody, or
control of dangerous drugs for purposes other than the person's
own use or consumption.
(C)(1) An emergency medical service organization that
wishes to be licensed as a terminal distributor of dangerous
drugs shall list in its application for licensure the following
additional information:
(a) The units under its control that the organization
determines will possess dangerous drugs for the purpose of
administering emergency medical services in accordance with
Chapter 4765. of the Revised Code;
(b) With respect to each such unit, whether the dangerous
drugs that the organization determines the unit will possess are
in category I, II, or III.
(2) An emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall file
a new application for such licensure if there is any change in
the number, or location of, any of its units or any change in the
category of the dangerous drugs that any unit will possess.
(3) A unit listed in an application for licensure pursuant
to division (C)(1) of this section may obtain the dangerous drugs
it is authorized to possess from its emergency medical service
organization or, on a replacement basis, from a hospital
pharmacy. If units will obtain dangerous drugs from a hospital
pharmacy, the organization shall file, and maintain in current
form, the following items with the pharmacist who is responsible
for the hospital's terminal distributor of dangerous drugs
license:
(a) A copy of its standing orders or protocol;
(b) A list of the personnel employed or used by the
organization to provide emergency medical services in accordance
with Chapter 4765. of the Revised Code, who are authorized to
possess the drugs, which list also shall indicate the personnel
who are authorized to administer the drugs.
(D) Each emergency medical service organization that
applies for a terminal distributor of dangerous drugs license
shall submit with its application the following:
(1) A notarized copy of its standing orders or protocol,
which orders or protocol shall be signed by a physician and
specify the dangerous drugs that its units may carry, expressed
in standard dose units;
(2) A list of the personnel employed or used by the
organization to provide emergency medical services in accordance
with Chapter 4765. of the Revised Code.
An emergency medical service organization that is licensed
as a terminal distributor shall notify the board immediately of
any changes in its standing orders or protocol.
(E) There shall be six categories of terminal distributor
of dangerous drugs licenses, which categories shall be as
follows:
(1) Category I license. A person who obtains this license
may possess, have custody or control of, and distribute only the
dangerous drugs described in category I.
(2) Limited category I license. A person who obtains this
license may possess, have custody or control of, and distribute
only the dangerous drugs described in category I that were listed
in the application for licensure.
(3) Category II license. A person who obtains this
license may possess, have custody or control of, and distribute
only the dangerous drugs described in category I and category II.
(4) Limited category II license. A person who obtains
this license may possess, have custody or control of, and
distribute only the dangerous drugs described in category I or
category II that were listed in the application for licensure.
(5) Category III license. A person who obtains this
license may possess, have custody or control of, and distribute
the dangerous drugs described in category I, category II, and
category III.
(6) Limited category III license. A person who obtains
this license may possess, have custody or control of, and
distribute only the dangerous drugs described in category I,
category II, or category III that were listed in the application
for licensure.
(F) Except for an application made on behalf of an animal shelter, if an
applicant for licensure as a limited category I,
II, or III terminal distributor of dangerous drugs intends to
administer dangerous drugs to a person or animal, the applicant
shall submit, with the application, a notarized copy of its
protocol or standing orders, which protocol or orders shall be
signed by a practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO
PRESCRIBE DRUGS, specify the dangerous drugs to be
administered, and list personnel who are authorized to administer
the dangerous drugs in accordance with federal law or the law of
this state. An application made on behalf of an animal shelter shall include
a notarized list of the dangerous drugs to be administered to animals and the
personnel who are authorized to administer the drugs to animals in accordance
with section 4729.532 of the Revised Code. After obtaining a terminal
distributor license, a licensee shall
notify the board immediately of any changes in its protocol or
standing orders, or in such personnel.
(G) Each applicant for licensure as a terminal distributor
of dangerous drugs shall submit, with the application, a license
fee determined as follows:
(1) For a category I or limited category I license,
forty-five dollars;
(2) For a category II or limited category II license,
one hundred twelve dollars and fifty cents;
(3) For a category III or limited category III license,
one hundred fifty dollars.
Fees assessed under divisions (G)(1) to (3) of this section
shall not be returned if the applicant fails to qualify for registration.
(H)(1) The board shall issue a terminal distributor of
dangerous drugs license to each person who submits an application
for such licensure in accordance with this section, pays the
required license fee, is determined by the board to meet the
requirements set forth in section 4729.55 of the Revised Code,
and satisfies any other applicable requirements of this section.
(2) The license of a person other than an emergency
medical service organization shall describe the one establishment
or place at which the licensee may engage in the sale or other
distribution of dangerous drugs at retail and maintain
possession, custody, or control of dangerous drugs for purposes
other than the licensee's own use or consumption. The one
establishment or
place shall be that which is described in the application for
licensure.
No such license shall authorize or permit the terminal
distributor of dangerous drugs named in it to engage in the sale
or other distribution of dangerous drugs at retail or to maintain
possession, custody, or control of dangerous drugs for any
purpose other than the distributor's own use or consumption,
at any
establishment or place other than that described in the license, except that
an agent or employee of an animal shelter may possess and use dangerous drugs
in the course of business as provided in division (D) of section 4729.532 of
the Revised Code.
(3) The license of an emergency medical service
organization shall cover and describe all the
units of
the organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous
drugs shall indicate, on its face, the category of licensure. If
the license is a limited category I, II, or III license, it shall
specify, and shall authorize the licensee to possess, have
custody or control of, and distribute only, the dangerous drugs
that were listed in the application for licensure.
(I) All licenses issued pursuant to this section shall be
effective for a period of twelve months from the first day of
January of each year. A license shall be renewed by the board
for a like period, annually, according to the provisions of this
section, and the standard renewal procedure of Chapter 4745. of
the Revised Code. A person who desires to renew a license shall
submit an application for renewal and pay the required fee on or before the
thirty-first day of December each year.
The fee required for the
renewal of a license shall be the same as the fee paid for the
license being renewed, and shall accompany the application for
renewal.
A license that has not been renewed during December in any
year and by the first day of February of the following year may
be reinstated only upon payment of the required renewal fee and a
penalty fee of fifty-five dollars.
(J)(1) No emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall fail
to comply with division (C)(2) or (3) of this section.
(2) No emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall fail
to comply with division (D) of this section.
(3) No licensed terminal distributor of dangerous drugs
shall possess, have custody or control of, or distribute
dangerous drugs that the terminal distributor is not entitled to
possess, have custody or control of, or distribute by virtue of
its category of licensure.
(4) No licensee that is required by division (F) of this
section to notify the board of changes in its protocol or
standing orders, or in personnel, shall fail to comply with that
division.
Sec. 4729.55. (A) As used in this section:
(1) "Dentist" means a person licensed under Chapter 4715.
of the Revised Code to practice dentistry.
(2) "Optometrist" means a person who is licensed to
practice optometry and holds a valid therapeutic pharmaceutical
agents certificate issued under Chapter 4725. of the Revised
Code.
(3) "Physician" means a person holding a valid certificate
issued under Chapter 4731. of the Revised Code authorizing the
person to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatry.
(4) "Veterinarian" means a person licensed under Chapter
4741. of the Revised Code to practice veterinary medicine.
(5) "Advanced practice nurse" means an individual approved under
section 4723.56 of the Revised Code to prescribe drugs and therapeutic
devices.
(B) No license shall be issued to an applicant for
licensure as a terminal distributor of dangerous drugs unless the
applicant has furnished satisfactory proof to the board of
pharmacy that:
(1)(A) The applicant is equipped as to land, buildings, and
equipment to properly carry on the business of a terminal
distributor of dangerous drugs within the category of licensure
approved by the board.
(2)(B) A pharmacist, dentist, optometrist, physician,
veterinarian, advanced practice nurse LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS, animal shelter licensed
with the state board of
pharmacy under section 4729.531 of the Revised Code, or a
laboratory as defined in division (N) of section 3719.01 of the
Revised Code shall WILL maintain supervision and control over
the
possession and custody of dangerous drugs that may be
acquired by or on behalf of the applicant.
(3)(C) Adequate safeguards are assured to prevent the sale or
other distribution of dangerous drugs by any person other than a
pharmacist, dentist, optometrist, physician, veterinarian,
or advanced practice nurse LICENSED HEALTH PROFESSIONAL AUTHORIZED
TO PRESCRIBE DRUGS.
(4)(D) If the applicant, or any agent or employee of the
applicant, has been found guilty of violating section 4729.51 of
the Revised Code, the "Federal Food, Drug and Cosmetic Act," 52
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotic law,
sections 3715.01 to 3715.72 DRUG ABUSE CONTROL LAWS, Chapter 2925.,
3715., 3719., or 4729. of
the Revised Code, or any rule of the board, adequate safeguards
are assured to prevent the recurrence of the violation.
(5)(E) In the case of an applicant who is a food processor or
retail seller of food, the applicant shall WILL maintain
supervision
and control over the possession and custody of nitrous oxide.
(6)(F) In the case of an applicant who is a retail seller of
oxygen in original packages labeled as required by the "Federal
Food, Drug, and Cosmetic Act," the applicant shall WILL maintain
supervision and control over the possession, custody, and retail
sale of the oxygen.
(7)(G) If the application is made on behalf of an animal
shelter, that at least one of the agents or employees of the
animal shelter is certified in compliance with section 4729.532
of the Revised Code.
(8)(H) In the case of an applicant who is a retail seller of
peritoneal dialysis solutions in original packages labeled as required by the
"Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, the applicant shall WILL maintain supervision and
control over the
possession, custody, and retail sale of the peritoneal dialysis solutions.
Sec. 4729.57. (A) The STATE board of pharmacy may suspend,
revoke, or refuse to renew any license issued to a terminal
distributor of dangerous drugs pursuant to section 4729.54 of the
Revised Code, or may impose a monetary penalty or forfeiture not
to exceed in severity any fine designated under the Revised Code
for a similar offense or one thousand dollars if the acts
committed have not been classified as an offense by the Revised
Code, for any of the following causes:
(1) Making any false material statements in an application
for a license as a terminal distributor of dangerous drugs;
(2) Violating any rule of the board;
(3) Violating any provision of this chapter;
(4) Violating any provision of the "Federal Food, Drug,
and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or
Chapter 3715. of the Revised Code;
(5) Violating any provision of the federal narcotic law DRUG ABUSE
CONTROL LAWS or Chapter 2925. or 3719. of the Revised Code;
(6) Falsely or fraudulently promoting to the public a
dangerous drug, except that nothing in this division prohibits a
terminal distributor of dangerous drugs from furnishing
information concerning a dangerous drug to a practitioner
HEALTH CARE PROVIDER or another licensed terminal distributor;
(7) Ceasing to satisfy the qualifications of a terminal
distributor of dangerous drugs set forth in section 4729.55 of
the Revised Code;
(8) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION:
(a) WAIVING
THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE OR COPAYMENT THAT
AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE
POLICY, CONTRACT, OR PLAN THAT COVERS THE SERVICES PROVIDED BY A
TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, WOULD OTHERWISE BE
REQUIRED TO PAY FOR THE SERVICES IF THE WAIVER IS USED AS AN
ENTICEMENT TO A PATIENT OR GROUP OF PATIENTS TO RECEIVE
PHARMACY SERVICES FROM THAT TERMINAL DISTRIBUTOR;
(b) ADVERTISING THAT THE TERMINAL DISTRIBUTOR WILL
WAIVE THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE OR
COPAYMENT THAT AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE OR
HEALTH CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE PHARMACEUTICAL SERVICES,
WOULD
OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES.
(B) SANCTIONS SHALL
NOT BE IMPOSED UNDER DIVISION (A)(8) OF THIS SECTION AGAINST ANY
TERMINAL DISTRIBUTOR OF DANGEROUS
DRUGS THAT WAIVES DEDUCTIBLES AND COPAYMENTS AS FOLLOWS:
(1) IN COMPLIANCE WITH A HEALTH BENEFIT PLAN THAT
EXPRESSLY ALLOWS SUCH A PRACTICE. WAIVER OF THE DEDUCTIBLES OR
COPAYMENTS SHALL BE MADE ONLY WITH THE FULL KNOWLEDGE AND
CONSENT OF THE PLAN PURCHASER, PAYER, AND THIRD-PARTY
ADMINISTRATOR. DOCUMENTATION OF THE CONSENT SHALL BE MADE AVAILABLE
TO THE BOARD ON REQUEST.
(2) FOR PROFESSIONAL SERVICES RENDERED TO ANY OTHER
PERSON LICENSED PURSUANT TO THIS CHAPTER TO THE EXTENT ALLOWED BY
THIS CHAPTER AND THE RULES OF THE BOARD.
(B)(C)(1) Upon the suspension or revocation of a license
issued to a terminal distributor of dangerous drugs or the
refusal by the board to renew such a license, the distributor
shall immediately surrender his THE license to the board.
(2) The board may place under seal all dangerous drugs
that are owned by or in the possession, custody, or control of a
terminal distributor at the time his THE license is suspended or
revoked or at the time the board refuses to renew his THE
license. Except as otherwise provided in this division, dangerous drugs so
sealed shall not be disposed of, until appeal rights under
Chapter 119. of the Revised Code have expired or an appeal filed
pursuant to that chapter has been determined.
The court involved in an appeal filed pursuant to Chapter
119. of the Revised Code may order the board, during the pendency
of the appeal, to sell sealed dangerous drugs that are
perishable. The proceeds of such a sale shall be deposited with
that court.
Sec. 4729.59. The secretary EXECUTIVE DIRECTOR of the
STATE board of
pharmacy shall maintain a register of the names, addresses, and the date of
registration of those persons to whom
a registration certificate has been issued pursuant to section 4729.52 of the
Revised Code and those persons to whom a license has been issued pursuant to
section 4729.54 of the Revised Code. Such THE register shall be
the property of
the board and shall be open for public examination and inspection at all
reasonable times, as the board may direct.
The board shall publish or make available to registered wholesale distributors
and licensed terminal distributors of dangerous drugs, annually, and at such
other times and in such manner as the board shall by regulation
prescribe, a
roster setting forth the names and addresses of those persons who have been
registered by the board pursuant to section 4729.52 of the Revised Code and
those persons who have been licensed pursuant to section 4729.54 of the
Revised
Code, those persons whose licenses or registration certificates have been
suspended, revoked, or surrendered, and those persons whose licenses or
registration certificates have not been renewed.
A written statement signed and verified by the secretary EXECUTIVE
DIRECTOR of the board in which
it is stated that after diligent search of the register no record or entry of
the issuance of a license or registration certificate to a person is found is
admissible in evidence and constitutes presumptive evidence of the fact that
such THE person is not a licensed terminal distributor or is not
a registered
wholesale distributor of dangerous drugs.
Sec. 4729.60. (A) Before a registered wholesale
distributor of dangerous drugs may sell dangerous drugs at
wholesale to any person other than a practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, a
registered
wholesale distributor of dangerous drugs, a manufacturer of
dangerous drugs, a carrier or a warehouseman WAREHOUSER but only
for the
purpose of carriage or storage, or a terminal distributor of
dangerous drugs who is not engaged in the sale of dangerous drugs
within this state, such wholesale distributor shall obtain from
the purchaser and the purchaser shall furnish to the wholesale
distributor a certificate indicating that the purchaser is a
licensed terminal distributor of dangerous drugs. The
certificate shall be in the form that the STATE board of pharmacy shall
prescribe by regulation, and shall set forth the name of
the
licensee, the number of the license, a description of the place
or establishment or each place or establishment for which the
license was issued, the category of licensure, and, if the
license is a limited category I, II, or III license, the
dangerous drugs that the licensee is authorized to possess, have
custody or control of, and distribute.
If no certificate is obtained or furnished before such A
sale IS MADE, it shall be presumed that such THE sale of
dangerous drugs by
the wholesale distributor is in violation of division (B) of
section 4729.51 of the Revised Code and such THE purchase of
dangerous drugs by the purchaser is in violation of division (C)
of section 4729.51 of the Revised Code. If a registered
wholesale distributor of dangerous drugs obtains or is furnished
such a certificate from a terminal distributor of dangerous drugs
and relies on such THE certificate in selling dangerous drugs at
wholesale to such THE terminal distributor of dangerous drugs,
such THE
wholesale distributor of dangerous drugs shall be deemed not to
have violated division (B) of section 4729.51 of the Revised Code
in making such THE sale.
(B) Before a licensed terminal distributor of dangerous
drugs may purchase dangerous drugs at wholesale, such THE
terminal
distributor shall obtain from the seller and the seller shall
furnish to the terminal distributor the number of the seller's
registration certificate to engage in the sale of dangerous drugs
at wholesale.
If no registration number is obtained or furnished before
such A purchase IS MADE, it shall be presumed that
such THE purchase of
dangerous drugs by the terminal distributor is in violation of
division (D) of section 4729.51 of the Revised Code and such THE
sale
of dangerous drugs by the seller is in violation of division (A)
of section 4729.51 of the Revised Code. If a licensed terminal
distributor of dangerous drugs obtains or is furnished a
registration number from a wholesale distributor of dangerous
drugs and relies on such THE registration number in purchasing
dangerous drugs at wholesale from such THE wholesale distributor
of
dangerous drugs, such THE terminal distributor shall be deemed
not to
have violated division (D) of section 4729.51 of the Revised Code
in making such THE purchase.
Sec. 4729.63. Except as provided in division (B) of section 4729.25 of the
Revised Code, the IF THE state board of pharmacy shall enforce,
or cause to be
enforced, HAS INFORMATION THAT sections 4729.51 to 4729.62 of the
Revised Code. If it has
information that such sections have been violated, it shall
investigate the
matter and upon probable cause appearing file a complaint in an appropriate
court for prosecution of the offender. THE
The attorney general, prosecuting attorney, or city director of law to
whom
the board reports any violation of sections 4729.51 to 4729.62 of the Revised
Code shall cause appropriate proceedings to be instituted in the proper court
without delay and to be prosecuted in the manner provided by law.
Sec. 4729.66. The IN ADDITION TO THE RULES IT ADOPTS FOR THE
PRACTICE OF PHARMACY UNDER SECTION 4729.26 of the Revised Code, THE STATE board of
pharmacy may
make such ADOPT rules and regulations,
subject to and in accordance with sections 119.01 to 119.13,
inclusive, CHAPTER 119. of the
Revised Code, not inconsistent with the law, AS MAY BE NECESSARY TO
CARRY OUT THE PURPOSES OF AND TO ENFORCE THE PROVISIONS OF THIS CHAPTER
pertaining to the purchase for
resale, possession for sale, sale, and other distribution of dangerous drugs
as
may be necessary to carry out the purposes of and enforce sections 4729.51 to
4729.62, inclusive, of the Revised Code.
Sec. 4729.67. On receipt of a notice pursuant to
section 2301.373 of the Revised Code, the state board of pharmacy shall comply
with that section with respect to a LICENSE, IDENTIFICATION CARD, OR
certificate OF REGISTRATION issued pursuant to this
chapter.
Sec. 4731.052. (A) As used in this section:
(1) "Dangerous drug" has the same meaning as in section 4729.02 of the
Revised Code.
(2) "Intractable pain" means a state of pain that is
determined, after reasonable medical efforts have been made to
relieve the pain or cure its cause, to have a cause for which
no treatment or cure is possible or for which none has been
found.
(3) "Physician" means an individual authorized under this
chapter to practice medicine and surgery or osteopathic medicine
and surgery.
(B) The state medical board shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish standards
and procedures to be followed by physicians in the diagnosis and treatment of
intractable pain, including standards for managing intractable
pain by prescribing, dispensing PERSONALLY FURNISHING, or
administering dangerous
drugs in amounts or combinations that may not be
appropriate when treating other medical conditions. In
developing the rules, the board shall consult with and permit
review by physicians who are experienced in the diagnosis and
treatment of intractable pain.
(C) When a physician diagnoses an individual as having intractable pain, the
physician may treat the pain by managing it with dangerous drugs in amounts or
combinations that may not be appropriate when treating other medical
conditions. The physician's diagnosis shall be made after having the
individual evaluated by one or more other physicians who specialize in the
treatment of the area, system, or organ of the body perceived as the source of
the pain. The physician's diagnosis and treatment decisions shall be made
according to accepted and prevailing standards for medical care. The
physician shall maintain a record of all of the following:
(1) Medical history and physical examination of the individual;
(2) The diagnosis of intractable pain, including signs, symptoms, and
causes;
(3) The plan of treatment proposed, the patient's response to treatment,
and any modification to the plan of treatment;
(4) The dates on which dangerous drugs were
prescribed, dispensed FURNISHED, or administered, the name and
address
of the individual to or for whom the dangerous drugs were
prescribed, dispensed, or administered, and the amounts and dosage forms for
the dangerous drugs prescribed, dispensed FURNISHED, or
administered;
(5) A copy of the report made by the physician or the physician to whom
referral for evaluation was made under this division.
(D) A physician who
treats intractable pain by managing it with dangerous
drugs is not subject to disciplinary action by the board
under section 4731.22 of the Revised
Code solely because the
physician treated the intractable pain with dangerous
drugs. The physician is subject to disciplinary
action only if the dangerous drugs are not prescribed,
FURNISHED, OR administered, or dispensed in accordance with this
section and
the rules adopted under it.
Sec. 4741.22. The state veterinary medical licensing board
may refuse to issue or renew a license, registration, or
temporary permit to or of any applicant who, and may issue a reprimand to,
suspend or revoke the license, registration, or the temporary
permit of, or impose a civil penalty pursuant to this section
upon any person licensed to practice veterinary medicine or any
person registered as a registered veterinary technician who:
(A) In the conduct of the person's practice does not conform to the
rules of the board governing proper, humane, sanitary, and
hygienic methods to be used in the care and treatment of animals;
(B) Uses fraud, misrepresentation, or deception in
completing the examination conducted by the board;
(C) Is found to be physically or psychologically addicted
to alcohol or an illegal or controlled substance, as defined in
division (D) of section 3719.01 of the Revised Code, to such a
degree as to render the person unfit to practice veterinary
medicine;
(D) Directly or indirectly employs or lends the person's services to a
solicitor for the purpose of obtaining patients;
(E) Obtains a fee on the assurance that an incurable disease can be cured;
(F) Advertises in a manner that violates section 4741.21 of the Revised Code;
(G) Has professional association with or lends the person's name to
any unlicensed person, association, or organization for the
purpose of obtaining patients;
(H) Divides fees or charges or has any arrangement to
share fees or charges with any other person, except on the basis
of services performed;
(I) Sells any biologic containing living, dead, or
sensitized organisms or products of those organisms, except in a
manner that the board by rule has prescribed;
(J) Is convicted of any felony or crime involving moral
turpitude;
(K) Is convicted of any violation of section 959.13 of the
Revised Code;
(L) Is convicted of a felony drug abuse offense, as defined in
section 2925.01 of the Revised Code;
(M) Swears falsely in any affidavit required to be made by
him THE PERSON in the course of his THE practice
of veterinary medicine;
(N) Fails to report promptly to the proper official any
known reportable disease;
(O) Fails to report promptly vaccinations or the results
of tests when required to do so by law or rule;
(P) Has been adjudicated incompetent for the purpose of
holding the license or permit by a court, as provided in section
5122.301 of the Revised Code, and has not been restored to legal
capacity for that purpose;
(Q) Permits a person who is not a licensed veterinarian, a
veterinary student extern, or a registered veterinary technician
to engage in work or perform duties in violation of this chapter;
(R) Is guilty of gross incompetence;
(S) Has had a license to practice veterinary medicine or a
license, registration, or certificate to engage in activities as
a registered veterinary technician revoked, suspended, or acted
against by disciplinary action by an agency similar to this board
of another state, territory, or country or the District of
Columbia;
(T) Is or has practiced with a revoked, suspended,
inactive, expired, or terminated license or registration;
(U) Represents self as a specialist unless certified as
a specialist by the board;
(V) In the person's capacity as a veterinarian or registered
veterinary technician makes or files a report, health
certificate, vaccination certificate, or other document
that the person
knows is false or negligently or intentionally fails to file a
report or record required by any applicable state or federal law;
(W) Fails to use reasonable care in the administration of
drugs, as defined in division (C) of section 4729.02
4729.01 of the
Revised Code, or acceptable scientific methods in the selection
of those drugs or other modalities for treatment of a disease or
in conduct of surgery;
(X) Makes available a dangerous drug, as defined in
division (D) of section 4729.02 4729.01 of the Revised
Code, to any
person other than for the specific treatment of an animal
patient;
(Y) Refuses to permit a board investigator or the board's
designee to inspect the person's business premises during
regular business
hours;
(Z) Violates any order of the board or fails to comply
with a subpoena of the board;
(AA) Fails to maintain medical records as required by rule
of the board.
Before the board may revoke, deny, refuse to renew, or
suspend a license, registration, or temporary permit or otherwise
discipline the holder of a license, registration, or temporary
permit, the executive secretary shall file written charges with
the board. The board shall conduct a hearing on the charges as
provided in Chapter 119. of the Revised Code.
If the board, after a hearing conducted pursuant to Chapter
119. of the Revised Code, revokes, refuses to renew, or suspends
a license, registration, or temporary permit or otherwise
disciplines the holder of a license, registration, or temporary
permit for a violation of this section, section 4741.23 or
4741.28, division (C) or (D) of section 4741.19, or division
(B), (C), or (D) of section 4741.21 of the Revised Code, the
board may impose a civil penalty upon the holder of the license,
permit, or registration of not less than fifty dollars or more
than two hundred fifty dollars for a first offense and not less
than two hundred fifty dollars or more than one thousand dollars
for each subsequent offense. In addition to the civil penalty
and any other penalties imposed pursuant to this chapter, the
board may assess any holder of a license, permit, or registration
the costs of the hearing conducted under this section if the
board determines that the holder has violated any provision for
which the board may impose a civil penalty under this section.
Sec. 5123.193. (A) As used in this section:
(1) "Health care professional" means any of the following:
(a) A dentist who holds a valid license issued under
Chapter 4715. of the Revised Code;
(b) A registered nurse or licensed practical nurse who
holds a valid license issued under Chapter 4723. of the Revised
Code;
(c) An advanced practice nurse approved pursuant to
section 4723.56 of the Revised Code;
(d) An optometrist who holds a valid license issued under
Chapter 4725. of the Revised Code;
(e) A physician who holds a valid certificate issued under
Chapter 4731. of the Revised Code authorizing the practice of
medicine and surgery, osteopathic medicine and surgery, or
podiatry;
(f) A practitioner of a limited branch of medicine who
holds a valid certificate issued under Chapter 4731. of the
Revised Code;
(g) A respiratory care professional who holds a valid
license issued under Chapter 4761. HAS THE SAME MEANING AS IN
SECTION 5126.35 of the Revised Code.
(2) "ICF/MR" means an intermediate care facility for the
mentally retarded.
(3) "ICF/MR worker" means a person who is employed by an
ICF/MR, provides services pursuant to a contract with an
ICF/MR,
or provides services as a volunteer in an ICF/MR, except that
"ICF/MR worker" does not include a health care professional
acting within the scope of a professional license or certificate.
(B)(1) Except as provided in division (B)(2)
of this section, this section applies to each ICF/MR with fifteen
or
fewer resident beds that is licensed as a residential facility by
the department of mental retardation and developmental
disabilities under section 5123.19 of the Revised Code and
certified by the director of health as being in compliance with
applicable standards for such facilities for purposes of the
medical assistance program operated under Chapter 5111. of the
Revised Code. This section also applies to periods during which
such a facility's residents are being transported in a vehicle
operated by the facility or by a person or government entity
under contract with the facility and periods during which
residents are participating in a field trip sponsored by the
facility.
This section does not apply to an ICF/MR with more than
fifteen resident beds or other types of residential facilities
licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised
Code.
(2) This section does not apply to an ICF/MR operated by a
county board
of mental retardation and developmental disabilities. An ICF/MR
operated by a county board with fewer than seventeen resident beds is subject
to the policy adopted by the board under section 5126.351 of the Revised Code.
(C)(1) Each ICF/MR subject to this section shall adopt a
written policy on whether it will permit ICF/MR workers to give
oral or apply topical medications to residents of the ICF/MR.
The facility shall adopt a policy that is consistent with section
4723.61 of the Revised Code and the rules adopted by the board of
nursing under that section. Each policy adopted shall specify
one of the following:
(a) Except in an emergency, ICF/MR workers shall neither
give oral nor apply topical medications to a resident of the
facility;
(b) An ICF/MR worker specified by the facility may be
permitted to give oral or apply topical medications to residents
if the task is delegated by a nurse and the worker acts in
accordance with this section and the rules adopted under section
4723.61 of the Revised Code.
(2) The policy does not apply to any employee or volunteer
who is a health care professional, as long as the professional is
acting within the scope of his THE PROFESSIONAL'S profession.
The policy applies to
oral and topical medications that are drugs, as described in
section 4729.02 4729.01 of the Revised Code and have been
prescribed by a
health care professional authorized by law to prescribe drugs.
For purposes of the policy, oral medications include those that
can be ingested through either the mouth or a stable gastric
tube.
(D)(1) An ICF/MR that adopts a policy under which its
ICF/MR workers may be permitted to give oral or apply topical
medications shall employ or contract with a registered nurse to
implement the policy.
(2) The facility shall specify the ICF/MR workers who may
be permitted to give or apply medications. Specification may be
made by naming individual workers or by designating groups of
workers according to their position, training, or other
qualifications. The facility may permit a worker to give or
apply medications only if all of the following apply:
(a) The worker has successfully completed the training
requirements specified in division (E) of this section;
(b) Authority to give oral or apply topical medications
for a particular resident has been delegated to the worker by a
nurse in accordance with the rules adopted under section 4723.61
of the Revised Code;
(c) The facility determines there is no statement on the
state nurse aide registry created under section 3721.32 of the
Revised Code indicating that worker has been the subject of a
finding of abuse or neglect of a long-term care facility resident
or the misappropriation of such a resident's property;
(d) The facility determines the worker has not been
convicted of or pleaded guilty to any felony that is related to
drugs or the abuse of an individual. A worker's criminal
background may be determined by requesting information from the
bureau of criminal identification and investigation pursuant to
division (E) of section 109.57 of the Revised Code. If a worker
is convicted of or pleads guilty to a felony after his THE
criminal background has been determined, the worker shall immediately notify
the ICF/MR.
(3) An ICF/MR worker may give oral or apply topical
medications to residents only if all of the following apply:
(a) The worker has successfully completed the training
requirements specified in division (E) of this section;
(b) The authority to give oral or apply topical
medications for a particular resident has been delegated to the
worker by a nurse in accordance with the rules adopted under
section 4723.61 of the Revised Code;
(c) The medication to be given or applied is received by
the worker in the container in which it was dispensed by a
pharmacist or the prescribing health care professional;
(d) The worker complies with all applicable requirements
established under this section and the rules adopted under
section 4723.61 of the Revised Code.
(4) A registered nurse or licensed practical nurse may
delegate to an ICF/MR worker specified by the facility authority
to give oral or apply topical medications, except that a licensed
practical nurse may delegate the authority only if the nurse has
successfully completed a course in medication administration
approved by the board of nursing and is acting at the direction
of a registered nurse. Delegation may occur only after the nurse
delegating the authority or another nurse authorized to delegate
the authority has completed an assessment of the conditions at
the facility that pertain to the delegation. Delegation may
occur only if the assessment indicates that the requirements
established by this section and the rules adopted under section
4723.61 of the Revised Code have been met.
(a) The assessments shall include an assessment of all of
the following:
(i) The residents who need medication and the types of
nursing care they require as it relates to their need for
medication;
(ii) The amount and nature of any assessments of residents
performed by other health care professionals;
(iii) The training and skills of the ICF/MR workers who
will receive the delegated authority to give oral or apply
topical medications.
(b) With regard to the assessment of a resident, the
following apply:
(i) A nurse shall repeat the assessment if there is a
change in the resident's health status;
(ii) A nurse is not required to repeat those parts of the
assessment that have been completed by the facility to comply
with federal regulations that require comprehensive functional
assessments or nursing health status reviews, if the facility
makes the information from those assessments available to the
nurse and the nurse determines that the information is current,
valid, and accurate.
(5)(a) A nurse may delegate to the ICF/MR workers specified
by the facility authority to give oral or apply topical
medications only if all of the following information is available
to the nurse:
(i) The name of the resident to receive the medication;
(ii) The name of the medication and the dosage to be given
or applied;
(iii) The time or intervals at which the medication is to
be given or applied;
(iv) The date the medication is to begin and cease;
(v) Any special instructions for handling, giving, or
applying the medication, including instructions for maintaining
sterile conditions and appropriate storage;
(vi) Indication of any severe adverse reactions to the
medication that should be reported to the health care
professional who prescribed the medication and any other
procedures that should be followed in an emergency;
(vii) One or more telephone numbers at which the health
care professional who prescribed the medication can be reached in
an emergency and the telephone number of another health care
professional who should be contacted if the prescribing
professional cannot be located.
(b) The information must be received from one or more
health care professionals acting within the scope of their
professions, unless the information is provided by the ICF/MR
from records it maintains to comply with federal regulations
regarding standard drug regimen reviews and the nurse determines
that the information from the facility is current, valid, and
accurate.
(6) An ICF/MR worker to whom a nurse has delegated
authority to give oral or apply topical medications shall perform
those tasks only pursuant to the direction and supervision of a
nurse who is authorized to delegate the authority. The direction
and supervision may be provided on-site or, pursuant to some
means of telecommunication, off-site. The nurse shall direct and
supervise the ICF/MR worker in accordance with standards
established by the board of nursing in rules adopted under
section 4723.61 of the Revised Code.
(E)(1) Except as provided in division (E)(4) of this
section, to be eligible to give oral or apply topical medications
pursuant to division (D) of this section, an ICF/MR worker must
successfully complete a medication course for ICF/MR workers that
has been approved as meeting the standards established for such
courses by the board of nursing in rules adopted under section
4723.61 of the Revised Code. To be eligible to take the
medication course, the worker must meet the eligibility standards
established in rules adopted under section 4723.61 of the Revised
Code.
The medication course for ICF/MR workers shall consist of
the following units of instruction:
(a) A core module consisting of at least ten hours of
instruction that covers general information about medication
administration, except that the course instructor may waive any
portion of the module if the worker provides documentation that
he THE WORKER has successfully completed training in the portion
that would be waived and the instructor determines that the worker's knowledge
in that area is current and adequate;
(b) Three practical modules that correlate with the
medications the worker will be giving or applying, each
consisting of at least five hours of instruction. A separate
module shall be completed in each of the following areas: oral
medication; topical medication; and eye, ear, and nose drops and
ointments.
(2) Successful completion of the medication course for
ICF/MR workers may be achieved only by doing both of the
following:
(a) Receiving a score of at least eighty per cent on the
final written examination of the core module;
(b) Completing five successful demonstrations of giving or
applying medications in each of the three practical modules. To
be considered successful, each demonstration must consist of
performing the whole process of giving or applying a medication,
including all hand washing and record keeping requirements. The
demonstrations shall be supervised by a registered nurse or a
licensed practical nurse who has successfully completed a course
in medication administration approved by the board of nursing and
is acting at the direction of a registered nurse.
(3) To remain eligible to give oral and apply topical
medications, an ICF/MR worker shall, beginning one year after the
successful completion of initial training, annually complete at
least four contact hours of training related to medication that
meets the standards established by the board of nursing in rules
adopted under section 4723.61 of the Revised Code. The training
shall be arranged by a nurse and may occur in the ICF/MR.
(4) An ICF/MR worker who, on or before the effective date
of this section, successfully completed the training program
described in the "program manual for implementation of the
medication administration by unlicensed personnel in ICF/MR group
homes of 15 beds or less," as developed by the departments of
health and mental retardation and developmental disabilities, is
not required to complete the medication course for ICF/MR workers
as a condition of being eligible to give oral or apply topical
medications pursuant to division (D) of this section. Such a
worker is subject to all other requirements of this section,
including the annual completion of at least four contact hours of
training related to medication. The annual training requirement
begins for such a worker one year after the effective date of
this section.
(F) An ICF/MR worker who is authorized under division (D)
of this section to give or apply medication is not liable for any
injury caused by the medication if both of the following apply:
(1) The worker gave or applied the medication in
accordance with the methods that were taught in training
completed pursuant to this section;
(2) The worker did not act in a manner that constitutes
wanton or reckless misconduct.
(G) Any individual or entity, including the board of
nursing, may file a complaint with the department of mental
retardation and developmental disabilities regarding the
performance by or qualifications of a person who gives oral or
applies topical medications pursuant to this section.
(H)(1) The department of mental retardation and
developmental disabilities shall adopt rules establishing the
following:
(a) Procedures the department will follow to correct
violations of this section;
(b) A process for accepting and acting on complaints made
by the board of nursing or any other person or entity regarding
the performance or qualifications of an ICF/MR worker to give
oral or apply topical medications.
(2) The department shall adopt initial rules not later
than ninety days after the effective date of this section. The
rules shall be adopted in accordance with Chapter 119. of the
Revised Code and shall be consistent with any applicable
requirements established in rules adopted by the board of nursing
under section 4723.61 of the Revised Code.
(I) This section does not require an ICF/MR worker to give
oral or apply topical medications unless such a requirement is
established by the facility's policy adopted under division (B)
of this section.
Sec. 5126.35. As used in this section and in sections
5126.351 to 5126.356 of the Revised Code:
(A) "County board client" means a person
enrolled in a program offered by a county board of mental
retardation and developmental disabilities or receiving services
from a county board.
(B) "County board worker" means a person who is
employed by a county board of mental retardation and
developmental disabilities or provides services to county board
clients either as a volunteer or pursuant to a contract with the
board, except that "county board worker" does not include a
health care professional acting within the scope of his
professional license or certificate.
(C) "Delegated nursing task" means a task that
is within the scope of practice of a nurse as determined pursuant
to Chapter 4723. of the Revised Code and
is delegated by a nurse to a county board worker pursuant to a
policy adopted by a county board under section 5126.351 of the
Revised Code.
(D) "Health care professional" means any of the
following:
(1) A dentist who holds a valid license issued under
Chapter 4715. of the Revised Code;
(2) A registered or licensed practical nurse who holds
a valid license issued under Chapter 4723. of the
Revised Code;
(3) An optometrist who holds a valid license issued
under Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under
Chapter 4729. of the Revised Code;
(5) A doctor of medicine or osteopathic medicine,
podiatrist, or a practitioner of a limited branch of medicine who
holds a valid certificate issued under Chapter 4731. of
the Revised Code;
(6) A physician's assistant for whom a physician holds
a valid certificate of registration issued under section 4730.04
of the Revised Code;
(7) An occupational therapist or occupational therapy
assistant or a physical therapist or physical therapy assistant
who holds a valid license issued under Chapter 4755. of
the Revised Code;
(8) A respiratory care professional who holds a valid
license issued under Chapter 4761. of the Revised
Code.
(E) "Nurse" means a registered nurse or
licensed practical nurse who holds a valid license issued under
Chapter 4723. of the Revised Code.
(F) "Prescribed medication" means a drug
described in section 4729.02 4729.01 of the Revised Code
that is to be taken orally or applied topically pursuant to the
instructions of a health care professional who is authorized by
law to prescribe drugs.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general revenue
fund of the state, for the purpose of securing a thorough and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax is hereby levied on each retail sale made in this state.
(A) The tax shall be collected pursuant to the schedules
in section 5739.025 of the Revised Code.
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards such rentals, shall be measured by the
installments thereof.
In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt of the benefit of the service, the tax applicable to the
sale shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions, or to any other state or its political subdivisions
if the laws of that state exempt from taxation sales made to this
state and its political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers, and of magazine subscriptions
shipped by second class mail, and sales or transfers of magazines
distributed as controlled circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records the meals as part compensation for services performed or
work done;
(6) Sales of motor fuel upon receipt, use,
distribution, or sale of which in this state a tax is imposed by
the law of this state, but this exemption shall not apply to the
sale of motor fuel on which a refund of the tax is
allowable under section 5735.14 of the Revised Code; and the tax
commissioner may deduct the amount of tax levied by this section
applicable to the price of motor fuel when granting a
refund of motor fuel tax pursuant to section 5735.14 of
the Revised Code and shall cause the amount deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of
electricity by an electric company, of water by a water-works
company, or of steam by a heating company, if in each case the
thing sold is delivered to consumers through wires, pipes, or
conduits, and all sales of communications services by a telephone
or telegraph company, all terms as defined in section 5727.01 of
the Revised Code;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such sales of
motor vehicles, watercraft or outboard motors required to be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles,
all-purpose vehicles as defined in section 4519.01 of the Revised
Code, and manufactured homes;
(9) Sales of services or tangible personal property, other
than motor vehicles and manufactured homes, by churches or by
nonprofit organizations operated exclusively for charitable
purposes as defined in division (B)(12) of this section, provided
that the number of days on which such tangible personal property
or services, other than items never subject to the tax, are sold
does not exceed six in any calendar year. If the number of days
on which such sales are made exceeds six in any calendar year,
the church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a church or within an organization shall be considered to be
sales of that church or organization, except that sales made by
separate student clubs and other groups of students of a primary
or secondary school, and sales made by a parent-teacher
association, booster group, or similar organization that raises
money to support or fund curricular or extracurricular activities
of a primary or secondary school, shall not be considered to be
sales of such school, and sales by each such club, group,
association, or organization shall be counted separately for
purposes of the six-day limitation. This division does not apply
to sales by a noncommercial educational radio or television
broadcasting station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the Revised Code; and sales to organizations described in
division (D) of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease, or injury; the operation of an organization
exclusively
for the provision of professional, laundry, printing, and
purchasing services to hospitals or charitable institutions;
the
operation of a home for the aged, as defined in section 5701.13
of the Revised Code; the operation of a radio or television
broadcasting station that is licensed by the federal
communications commission as a noncommercial educational radio or
television station; the operation of a nonprofit animal
adoption service or a county humane society; the promotion of
education by an institution of learning that maintains a faculty of
qualified instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific
curriculum; the operation of a parent teacher association,
booster group, or similar organization primarily engaged in the
promotion and support of the curricular or extracurricular
activities of a primary or secondary school; the operation of a
community or area center in which presentations in music,
dramatics, the arts, and related fields are made in order to
foster public interest and education therein; the production of
performances in music, dramatics, and the arts; or the
promotion of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological
knowledge and information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision thereof, or with the United
States government or any of its agencies; building and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any of its political subdivisions, or by the United States
government or any of its agencies at the time of completion of
such structures or improvements; building and construction
materials sold to construction contractors for incorporation into
a horticulture structure or livestock structure for a person
engaged in the business of horticulture or producing livestock;
building materials and services sold to a construction contractor
for incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services sold to a construction contractor for incorporation into
real property outside this state if such materials and services,
when sold to a construction contractor in the state in which the
real property is located for incorporation into real property in
that state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or to be
used principally in interstate or foreign commerce, and repairs,
alterations, fuel, and lubricants for such ships or vessels or rail rolling
stock;
(15) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material and parts for packages, and of
machinery, equipment, and material for use primarily in packaging
tangible personal property produced for sale by or on the order
of the person doing the packaging, or sold at retail. "Packages"
includes bags, baskets, cartons, crates, boxes, cans, bottles,
bindings, wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16) Sales of food to persons using food stamp coupons to
purchase the food. As used in division (B)(16) of this section,
"food" has the same meaning as in the "Food Stamp Act of 1977,"
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use or consumption in production; and of tangible personal
property for such use or consumption in the conditioning or
holding of products produced by and for such use, consumption, or
sale by persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs dispensed by a registered LICENSED
pharmacist
upon the order of a practitioner licensed HEALTH PROFESSIONAL
AUTHORIZED to prescribe, dispense,
and administer drugs to a human being in the course of the
professional practice, AS DEFINED IN SECTION 4729.01 of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for use in
the treatment of persons with end-stage renal disease; hospital
beds when purchased
for use by persons with medical problems for medical purposes;
and oxygen and oxygen-dispensing equipment when purchased for use
by persons with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; wheelchairs; devices used to lift wheelchairs
into motor vehicles and parts and accessories to such devices;
crutches or other devices to aid human perambulation; and items
of tangible personal property used to supplement impaired
functions of the human body such as respiration, hearing, or
elimination. No exemption under this division shall be allowed
for nonprescription drugs, medicines, or remedies; items or
devices used to supplement vision; items or devices whose
function is solely or primarily cosmetic; or physical fitness
equipment. This division does not apply to sales to a physician
or medical facility for use in the treatment of a patient.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services for political subdivisions
of the state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the purchaser
within this state for the sole purpose of immediately removing
the same from this state in a vehicle owned by the purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions, or authorities, or by governmental entities of the
state or any of its political subdivisions, agencies,
instrumentalities, institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is taken in this state for the sole purpose of immediately
removing it from this state, that the motor vehicle will be
permanently titled and registered in another state, and that the
motor vehicle will not be used in this state;
(24) Sales to persons engaged in the preparation of eggs
for sale of tangible personal property used or consumed directly
in such preparation, including such tangible personal property
used for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment and parts therefor, except motor vehicles licensed to
operate on public highways, used in intraplant or interplant
transfers or shipment of eggs in the process of preparation for
sale, when the plant or plants within or between which such
transfers or shipments occur are operated by the same person.
"Packages" includes containers, cases, baskets, flats, fillers,
filler flats, cartons, closure materials, labels, and labeling
materials, and "packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales of solar, wind, or hydrothermal energy systems
that meet the guidelines established under division (B) of
section 1551.20 of the Revised Code, components of such systems
that are identified under division (B) or (D) of that section, or
charges for the installation of such systems or components, made
during the period from August 14, 1979, through December 31,
1985;
(28) Sales to persons licensed to conduct a food service
operation pursuant to section 3732.03 of the Revised Code, of
tangible personal property primarily used directly for the following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(29) Sales of animals by nonprofit animal adoption
services or county humane societies;
(30) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(31) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(32) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(33) The sale, lease, repair, and maintenance of; parts
for; or items attached to or incorporated in motor vehicles that
are primarily used for transporting tangible personal property by
a person engaged in highway transportation for hire;
(34) Sales to the state headquarters of any veterans'
organization in Ohio that is either incorporated and issued a
charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters;
(35) Sales to a telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in division (B)(35) of this section shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service vendor may otherwise be entitled based upon the use of
the thing purchased in providing the telecommunications service.
(36) Sales of investment metal bullion and investment
coins. "Investment metal bullion" means any elementary precious
metal that has been put through a process of smelting or
refining, including, but not limited to, gold, silver, platinum,
and palladium, and which is in such state or condition that its
value depends upon its content and not upon its form. "Investment metal
bullion" does not include fabricated precious
metal that has been processed or manufactured for one or
more
specific and customary industrial, professional, or artistic
uses. "Investment coins" means numismatic coins or other forms
of money and legal tender manufactured of gold, silver, platinum,
palladium, or other metal under the laws of the United States or
any foreign nation with a fair market value greater than any
statutory or nominal value of such coins.
(37)(a) Sales where the purpose of the consumer is to use
or consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(37)(a) of this section; and of
equipment such as telephones, computers, facsimile machines, and
similar tangible personal property primarily used to accept
orders for direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration and dispense it to the consumer.
For purposes of division (B)(37) of this section, "direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the tangible personal property sold to the consumer from a
warehouse, catalogue distribution center, or similar fulfillment
facility by means of the United States mail, delivery service, or
common carrier.
(38) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(39) The sale of a motor vehicle that is used exclusively for a vanpool
ridesharing arrangement to persons participating in the vanpool ridesharing
arrangement when the vendor is selling the vehicle pursuant to a contract
between the vendor and the department of transportation;
(40) Sales of personal computers, computer monitors, computer keyboards,
modems, and other peripheral computer equipment to an individual who is
licensed or certified to teach in an elementary or a secondary school in this
state for use by that individual in preparation for teaching elementary or
secondary school students;
(41) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated in motor racing vehicles, including
engines, chassis, and all other components of the vehicles, and
all spare, replacement, and rebuilt parts or components of the
vehicles; except not including tires, consumable fluids, paint,
and accessories consisting of instrumentation sensors and
related items added to the vehicle to collect and transmit data
by means of telemetry and other forms of communication.
For the purpose of the proper administration of this
chapter, and to prevent the evasion of the tax, it is presumed
that all sales made in this state are subject to the tax until
the contrary is established.
As used in this section, except in division (B)(16) of this
section, "food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable products, fruits, fruit products, and pure fruit
juices, condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous or malt liquors; soft drinks; sodas and
beverages that are ordinarily dispensed at bars and soda
fountains or in connection therewith, other than coffee, tea, and
cocoa; root beer and root beer extracts; malt and malt extracts;
mineral oils, cod liver oils, and halibut liver oil; medicines,
including tonics, vitamin preparations, and other products sold
primarily for their medicinal properties; and water, including
mineral, bottled, and carbonated waters, and ice.
(C) The levy of an excise tax on transactions by which
lodging by a hotel is or is to be furnished to transient guests
pursuant to this section and division (B) of section 5739.01 of
the Revised Code does not prevent any of the following:
(1) A municipal corporation or township from levying an
excise tax for any lawful purpose not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests in addition to the tax levied by this
section. If a municipal corporation or township repeals a tax
imposed under division (C)(1) of this section and a county in
which the municipal corporation or township has territory has a
tax imposed under division (C) of section 5739.024 of the Revised
Code in effect, the municipal corporation or township may not
reimpose its tax as long as that county tax remains in effect. A
municipal corporation or township in which a tax is levied under
division (B)(2) of section 351.021 of the Revised Code may not
increase the rate of its tax levied under division (C)(1) of this
section to any rate that would cause the total taxes levied under
both of those divisions to exceed three per cent on any lodging
transaction within the municipal corporation or township.
(2) A municipal corporation or a township from levying an
additional excise tax not to exceed three per cent on such
transactions pursuant to division (B) of section 5739.024 of the
Revised Code. Such tax is in addition to any tax imposed under
division (C)(1) of this section.
(3) A county from levying an excise tax pursuant to division (A) of
section 5739.024 of the Revised Code.
(4) A county from levying an excise tax not to exceed
three per cent of such transactions pursuant to division (C) of
section 5739.024 of the Revised Code. Such a tax is in addition
to any tax imposed under division (C)(3) of this section.
(5) A convention facilities authority, as defined in
division (A) of section 351.01 of the Revised Code, from levying
the excise taxes provided for in division (B) of section 351.021
of the Revised Code.
(6) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(D) of section 5739.024 of the Revised Code. Such tax is in
addition to any tax imposed under division (C)(3) or (4) of this
section.
(7) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(E) of section 5739.024 of the Revised Code. Such a tax is in
addition to any tax imposed under division (C)(3), (4), or (6) of
this section.
(D) The levy of this tax on retail sales of recreation and sports
club service shall not prevent a municipal corporation from levying any tax on
recreation and sports club dues or on any income generated by recreation and
sports club dues.
Section 2. That existing sections 2305.234, 2305.25, 2305.33, 2317.02,
2913.02, 2913.51, 2925.01, 2925.02,
2925.03, 2925.09, 2925.11, 2925.12, 2925.14, 2925.23, 2925.50, 2927.24,
3313.713, 3701.33,
3709.161, 3715.01, 3715.03, 3715.52,
3715.53, 3715.54, 3715.55, 3715.56, 3715.57, 3715.59, 3715.63,
3715.64, 3715.65,
3715.66, 3715.69, 3715.70, 3715.71, 3715.73, 3719.01, 3719.011, 3719.05,
3719.06,
3719.07,
3719.08, 3719.09, 3719.12, 3719.121, 3719.15, 3719.172, 3719.19,
3719.30, 3719.34, 3719.35, 3719.36, 3719.42, 3719.44, 3719.61, 3719.81,
3719.99, 4121.443, 4301.01, 4301.69, 4303.01, 4303.21, 4303.27,
4303.34,
4723.28, 4725.01,
4729.01, 4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 4729.09, 4729.11,
4729.12, 4729.13, 4729.14, 4729.15, 4729.16,
4729.25, 4729.26, 4729.27, 4729.28, 4729.29, 4729.30, 4729.36,
4729.37, 4729.38, 4729.381, 4729.51, 4729.52, 4729.54, 4729.55, 4729.57,
4729.59,
4729.60, 4729.63, 4729.66, 4729.67, 4731.052, 4741.22, 5123.193, 5126.35, and
5739.02,
and sections
4729.021, 4729.261, and
4729.262 of the Revised Code are hereby repealed.
Section 3. The amendment of section 2305.234 of the Revised Code is not
intended to supersede the earlier repeal, with delayed effective date, of that
section.
Section 4. Section 2317.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters.
Section 2913.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 2 and Sub. H.B. 4 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters. Section 2913.51 of the Revised
Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 2 and Sub. H.B. 4 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters.
Section 2925.01 of the Revised Code is presented in this act as a
composite of
the section as amended by Am. Sub. S.B. 143, Sub. H.B. 125, Am. Sub. S.B. 269,
and Sub. S.B. 223 of the 121st General Assembly, with the new language of none
of the acts shown in capital letters. Section 2925.03 of the Revised Code is
presented in this act as a composite of the section as amended by both Am.
Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General Assembly, with the
new language of neither of the acts shown in capital letters.
Section 3719.01 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 162 and Am. Sub. S.B. 269 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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