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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 241 |
REPRESENTATIVES HOLLISTER-WOMERBENJAMIN-GRENDELL-R.MILLER-
TERWILLEGER-OGG-OPFER-MEAD-JONES-SULZER-SUTTON-PERZ-WILLIAMS-
ALLEN-HARTNETT-CALLENDER-D.MILLER-HOOD-YOUNG-BENDER-HOUSEHOLDER-
SMITH-CAREY
A BILL
To amend sections 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23,
2925.36, 3719.81, 4723.02, 4723.06, 4723.07, 4723.08, 4723.151,
4723.28, 4723.42, 4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56,
4723.561, 4723.57, 4723.58, 4723.59,
4729.01, 4729.51, and 4731.22; to enact sections 4723.48 and 4723.49;
and to repeal two years after the
effective date of this act sections 4723.56, 4723.561, 4723.57,
and 4723.58 of the Revised Code and to amend Section 3 of Am. Sub. H.B. 478 of
the 119th General Assembly, as subsequently amended, to permit certified
registered nurse anesthetists,
clinical nurse specialists, certified nurse-midwives,
and certified nurse practitioners to prescribe drugs
and therapeutic devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23,
2925.36, 3719.81, 4723.02, 4723.06, 4723.07, 4723.08, 4723.151,
4723.28, 4723.42, 4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56,
4723.561, 4723.57, 4723.58, 4723.59,
4729.01, 4729.51, and 4731.22 be amended and sections
4723.48 and 4723.49 of the Revised Code be enacted to read as follows:
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, licensed health
professionals authorized to prescribe drugs, pharmacists,
owners of pharmacies, and other persons whose conduct is in
accordance with Chapters 3719., 4715., 4723., 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
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, licensed health professionals
authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4723., 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. Not later than the fifteenth
day of April in the calendar year in which the reports
are received, the attorney general shall send
to the president of the senate
and the speaker of the house of representatives
a written notification that does all of the following:
(i) Indicates that the attorney general has received from
law enforcement agencies reports of the type described in this division that
cover
the previous
calendar year and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(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. 2925.11. (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, licensed health professionals
authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct was in accordance
with Chapters 3719., 4715., 4723., 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 licensed health
professional 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,
licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other
persons whose conduct was in accordance with
Chapters 3719., 4715., 4723., 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,
licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719., 4715.,
4723., 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
licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 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. 2925.36. (A) No person shall knowingly furnish
another a sample drug.
(B) Division (A) of this section does not apply to
manufacturers, wholesalers, pharmacists, owners of pharmacies,
dentists, doctors of medicine and surgery, doctors of osteopathic
medicine and surgery, doctors of podiatry, veterinarians, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4729., 4731., and 4741. of the Revised Code or; to
optometrists whose conduct is in accordance with a valid
therapeutic pharmaceutical agents certificate issued under
Chapter 4725. of the Revised Code; OR TO CERTIFIED REGISTERED NURSE
ANESTHETISTS, CLINICAL NURSE SPECIALISTS, CERTIFIED
NURSE-MIDWIVES, OR CERTIFIED NURSE PRACTITIONERS WHO HOLD A
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED CODE.
(C)(1) Whoever violates this section is guilty of illegal
dispensing of drug samples.
(2) If the drug involved in the offense is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, the penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b) of this section,
illegal dispensing of drug samples is a felony of the fifth degree,
and, subject to division (E) of
this section, division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, illegal dispensing of drug samples is a felony
of the fourth degree, and, subject to division (E) of this section,
division (C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(3) If the drug involved in the offense is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III, IV, or
V, or is marihuana, the penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b) of this section, illegal dispensing of
drug samples is a misdemeanor of the second degree.
(b) If the offense was committed in the vicinity of
a school or
in the vicinity of a juvenile, illegal dispensing of drug samples
is a misdemeanor of the first degree.
(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 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.
(E) Notwithstanding the prison term authorized or required by
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 otherwise 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.
(F) Notwithstanding any contrary provision of
section 3719.21 of the Revised Code, the clerk of the 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. 3719.81. (A) A person may furnish another a sample
of any drug of abuse, or of any drug or pharmaceutical
preparation that would be hazardous to health or safety if
used without the supervision of a 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 licensed health professional
authorized to prescribe drugs, or is furnished by such a
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 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 the date has not
expired
on the sample furnished. Compliance with the labeling
requirements of the "Federal Food, Drug, and
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 do any of the
following:
(1) Apply to or restrict the furnishing of any sample of a
nonnarcotic substance
if the substance may, under the "Federal Food, Drug, and
Cosmetic Act" and under the laws of this state, otherwise
be lawfully sold over the counter without a prescription;
(2) Authorize UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT, AUTHORIZE an advanced practice nurse AUTHORIZED TO PRESCRIBE
UNDER SECTION 4723.56 of the Revised Code to furnish a
sample of any drug;
(3) Authorize 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, in accordance with
Chapter 119. of the Revised Code, adopt rules as
necessary to give effect to this section.
Sec. 4723.02. As used in this chapter:
(A) "Registered nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes
the practice of nursing as a registered nurse.
(B) "Practice of nursing as a registered nurse" means
providing to individuals and groups nursing care requiring
specialized knowledge, judgment, and skill derived from the
principles of biological, physical, behavioral, social, and
nursing sciences. Such nursing care includes:
(1) Identifying patterns of human responses to actual or
potential health problems amenable to a nursing regimen;
(2) Executing a nursing regimen through the selection,
performance, management, and evaluation of nursing actions;
(3) Assessing health status for the purpose of providing
nursing care;
(4) Providing health counseling and health teaching;
(5) Administering medications, treatments, and executing
regimens prescribed by licensed physicians;
dentists; optometrists; podiatrists;
CERTIFIED REGISTERED NURSE ANESTHETISTS, CLINICAL NURSE SPECIALISTS,
CERTIFIED
NURSE-MIDWIVES, OR CERTIFIED NURSE PRACTITIONERS WHO HOLD CERTIFICATES TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 of the Revised Code; or, until January 1,
2010 TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, advanced
practice nurses authorized to prescribe under section 4723.56 of the Revised
Code;
(6) Teaching, administering, supervising, delegating, and
evaluating nursing practice.
(C) "Nursing regimen" may include preventative,
restorative, and health-promotion activities.
(D) "Assessing health status" means the collection of data
through nursing assessment techniques, which may include
interviews, observation, and physical evaluations for the purpose
of providing nursing care.
(E) "Licensed practical nurse" means an individual who
holds a current, valid license issued under this chapter that
authorizes the practice of nursing as a licensed practical nurse.
(F) "The practice of nursing as a licensed practical
nurse" means providing to individuals and groups nursing care
requiring the application of basic knowledge of the biological,
physical, behavioral, social, and nursing sciences at the
direction of a licensed physician, dentist, podiatrist,
optometrist, or registered nurse. Such nursing care includes:
(1) Observation, patient teaching, and care in a diversity
of health care settings;
(2) Contributions to the planning, implementation, and
evaluation of nursing;
(3) Administration of medications and treatments
prescribed by a licensed physician; dentist; optometrist;
podiatrist; CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL NURSE
SPECIALIST, CERTIFIED
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 of the Revised Code; or, until January
1, 2010 TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, an
advanced practice nurse authorized to prescribe under section 4723.56 of the
Revised Code. Medications may be
administered by a licensed
practical nurse upon proof of completion of a course in
medication administration approved by the board of nursing.
(G) "Certified registered
nurse anesthetist" means a registered nurse who holds a valid
certificate of authority issued under this chapter that
authorizes the practice of nursing as a certified registered
nurse anesthetist in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(H) "Clinical nurse specialist" means a registered
nurse who holds a valid certificate of authority issued under
this chapter that authorizes the practice of nursing as a
clinical nurse specialist in accordance with section 4723.43 of
the Revised Code and rules adopted by the board
of nursing.
(I) "Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under this chapter
that authorizes the practice of nursing as a certified nurse-midwife in
accordance with section 4723.43 of the Revised
Code and rules adopted by the board of nursing.
(J) "Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under this
chapter that authorizes the practice of nursing as a certified nurse
practitioner in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(K) "Physician" means an individual
who holds a certificate issued under Chapter 4731. of
the
Revised Code authorizing the practice
of medicine
and surgery or osteopathic medicine and surgery and is practicing
in this state.
(L) "Dentist" means an individual who
is licensed under Chapter 4715. of the Revised
Code to practice dentistry and is practicing in this
state.
(M) "Podiatrist" means an individual
who holds a certificate issued under Chapter 4731. of the
Revised Code authorizing the practice of podiatry
and is practicing in this state.
(N) "Collaboration" or "collaborating" means the
following:
(1) In the case of a clinical nurse specialist, except
as provided in division (N)(K)(3) of this section, or a
certified nurse
practitioner, that a podiatrist acting within the podiatrist's scope of
practice in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard care arrangement or physician with whom the nurse has entered into a
standard care arrangement is continuously
available to communicate with the clinical nurse specialist or
certified nurse practitioner either in person or by radio, telephone, or
other form of telecommunication;
(2) In the case of a certified nurse-midwife, that a physician with whom
the certified nurse-midwife has entered into a standard care arrangement is
continuously available to communicate with the certified nurse-midwife
either in person or by radio, telephone, or other form of
telecommunication;
(3) In the case of a clinical nurse specialist whose nursing specialty
is mental health or psychiatric mental health, that a physician is
continuously
available to communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication.
(O)(L) "Supervision" means that a certified
registered nurse anesthetist is under the direction of a podiatrist acting
within the podiatrist's scope of practice in accordance with section 4731.51
of the Revised
Code, a dentist acting within the dentist's
scope of practice in accordance with Chapter
4715. of the Revised
Code, or a physician, and, when administering
anesthesia, the certified registered nurse anesthetist is in the immediate
presence of the podiatrist, dentist, or physician.
(P)(M) "Standard care arrangement" means a
written, formal guide for planning and evaluating a patient's health care that
is developed by a collaborating physician or podiatrist and a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner and meets
the requirements of section 4723.431 of the
Revised Code.
Sec. 4723.06. (A) The board of nursing shall:
(1) Administer and enforce the provisions of this chapter,
including the taking of disciplinary action for violations of
section 4723.28 of the Revised Code, any other provisions of this
chapter, or rules promulgated under Chapter 119. of the Revised
Code;
(2) Examine applicants for licensure to practice as a
registered nurse or as a licensed practical nurse;
(3) Issue and renew licenses as provided in this chapter;
(4) Define the minimum curricula and standards for
educational programs of the schools of professional nursing and
schools of practical nursing in this state;
(5) Survey, inspect, and grant full approval to
prelicensure nursing education programs that
meet the standards established by rules adopted under section
4723.07 of the Revised Code. Prelicensure nursing education
programs include, but are not limited to, associate degree,
baccalaureate degree, diploma, and doctor of nursing programs
leading to initial licensure to practice nursing as a registered
nurse and practical nurse programs leading to initial licensure
to practice nursing as a licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of
the board, to a new prelicensure nursing education program or a
program that is being
reestablished after having ceased to operate, if the program meets and
maintains
the minimum standards of the
board established by rules adopted under section 4723.07 of the
Revised Code. If the board does not grant conditional approval,
it shall hold a hearing under Chapter 119. of the Revised Code to
consider conditional approval of the program. If
the board grants conditional approval, at its first meeting after
the first class has completed the program, the board shall
determine whether to grant full approval to the program. If the board
does not
grant full approval or if it
appears that the program has failed to meet and maintain
standards established by rules adopted under section 4723.07 of
the Revised Code, the board shall hold a hearing under Chapter
119. of the Revised Code to consider the program. Based on
results of the hearing, the board may continue or withdraw
conditional approval, or grant full approval.
(7) Place on provisional approval, for a period of time
specified by the board, a program that has ceased
to meet and maintain the minimum standards of the board
established by rules adopted under section 4723.07 of the Revised
Code. At the end of the period, the board shall reconsider
whether the program meets the standards and
shall
grant full approval if it does. If it does not, the board may
withdraw approval, pursuant to a hearing under Chapter 119. of
the Revised Code.
(8) Approve continuing nursing education programs and
courses under standards established in rules adopted under
section 4723.07 of the Revised Code;
(9) Approve peer support programs for nurses under rules
adopted under section 4723.07 of the Revised Code;
(10) Establish the alternative program for chemically dependent nurses in
accordance with section 4723.35 of the Revised Code;
(11) Issue and renew certificates of authority to practice nursing as a
certified registered nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner;
(12) Approve under section 4723.46 of the
Revised Code
national certifying organizations for examination and certification of
certified registered nurse anesthetists, clinical nurse specialists, certified
nurse-midwives, or certified nurse practitioners;
(13) ISSUE AND RENEW CERTIFICATES TO PRESCRIBE PURSUANT TO
SECTION 4723.48 OF THE REVISED
CODE;
(14) GRANT APPROVAL TO PLANNED CLASSROOM AND CLINICAL
STUDY IN ADVANCED PHARMACOLOGY AND ADVANCED PHARMACOLOGY CLASSES THAT MEET THE
REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.07
OF THE REVISED
CODE;
(15) ESTABLISH A
FORMULARY, WITH THE ADVICE OF THE JOINT ADVISORY COUNCIL ON
ADVANCED PRACTICE NURSING, LISTING THE CLASSES OF DRUGS
AND THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED BY CERTIFIED REGISTERED
NURSE ANESTHETISTS, CLINICAL NURSE SPECIALISTS, CERTIFIED
NURSE-MIDWIVES, OR CERTIFIED NURSE PRACTITIONERS WHO HOLD
CERTIFICATES ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE;
(16) PUBLISH ANNUALLY THE FORMULARY DESCRIBED IN DIVISION (A)(15)
OF THIS SECTION;
(17) Make an annual report to the governor, which shall be
open for public inspection;
(14)(18) Maintain and have open for public inspection the
following records:
(a) A record of all its meetings and proceedings;
(b) A file of applicants for and holders of licenses,
registrations, and certificates granted under this chapter. The
file shall be maintained in the form prescribed by rule of the
board.
(c) A list of prelicensure nursing education programs
approved by the board;
(d) A list of approved peer support programs for nurses.
(B) The board may fulfill the requirement of division
(A)(8) of this section by authorizing persons who meet the
standards established in rules adopted under division (F) of
section 4723.07 of the Revised Code to approve continuing nursing
education programs and courses. Persons so authorized shall
approve continuing nursing education programs and courses in
accordance with standards established in rules adopted under
division (E) of section 4723.07 of the Revised Code.
Persons seeking authorization to approve continuing nursing
education programs and courses shall apply to the board and pay
the appropriate fee established under section 4723.08 of the
Revised Code. Authorizations to approve continuing nursing
education programs and courses shall expire at the end of the two-year period
beginning the date of issuance and may be renewed by the board.
Sec. 4723.07. In accordance with Chapter 119. of the
Revised Code, the board of nursing shall adopt and may amend and
rescind rules:
(A) Providing for its government and control of its
actions and business affairs;
(B) Establishing minimum curricula and standards for
nursing education programs that prepare graduates to take
licensing examinations, and establishing procedures for granting,
renewing,
and withdrawing approval of those programs;
(C) Establishing requirements that applicants for
licensure must meet to be permitted to take licensing
examinations;
(D) Governing the administration and conduct of
examinations for licensure to practice nursing as a registered
nurse or as a licensed practical nurse;
(E) Establishing standards for approval of continuing
nursing education programs and courses for registered nurses,
licensed practical nurses, certified registered nurse anesthetists,
clinical nurse specialists, certified nurse-midwives, and certified nurse
practitioners. The standards may provide for
approval of continuing nursing education programs and courses that have
been approved by other state boards of nursing or by national
accreditation systems for nursing, including, but not limited to,
the American nurses' credentialing center and the national
association for practical nurse education and service.
(F) Establishing standards that persons must meet to be
authorized by the board to approve continuing nursing education
programs and courses and a schedule to have that authorization renewed;
(G) Establishing requirements, including continuing
education requirements, for restoring inactive licenses and
licenses that have lapsed through failure to renew;
(H) Governing conditions that may be imposed for
reinstatement following action taken under sections 2301.373,
4723.28, and 4723.281 of the Revised Code resulting in a
suspension from
practice;
(I) Establishing standards for approval of peer support
programs for nurses;
(J) Establishing requirements for board
approval of courses in medication administration by licensed
practical nurses;
(K) Establishing criteria for specialty certification of
registered nurses;
(L) Establishing criteria for evaluating the qualifications of an applicant
who is applying for a
license by endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under division
(E) of section 4723.41 of the Revised Code;
(M) Establishing universal blood and body fluid
precautions that shall be used by each person licensed under this
chapter who performs exposure-prone invasive procedures. The
rules shall define and establish requirements for universal blood
and body fluid precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp
instruments;
(4) Wearing and disposal of gloves and other protective
garments and devices.
(N) Establishing standards and procedures for
approving certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner, and for renewal of those
certificates;
(O) Establishing quality assurance
standards for certified registered nurse anesthetists, clinical nurse
specialists, certified nurse-midwives, or certified nurse practitioners;
(P) Establishing additional criteria
for the standard care arrangement required by section 4723.431 of the
Revised Code
entered into by a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner and the nurse's collaborating physician or
podiatrist;
(Q) Establishing continuing education
standards for clinical nurse specialists who are exempt under division
(C) of section 4723.41 of the Revised Code
from the requirement of having passed a certification examination;
(R) ESTABLISHING
STANDARDS AND PROCEDURES FOR ISSUANCE AND RENEWAL OF A
CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES UNDER
SECTION 4723.48 OF THE REVISED
CODE;
(S) SPECIFYING
INFORMATION THE BOARD MAY REQUIRE UNDER DIVISION
(C)(4) OR
(D)(3) OF SECTION 4723.48 OF
THE REVISED
CODE;
(T) ESTABLISHING
REQUIREMENTS FOR BOARD APPROVAL OF PLANNED CLASSROOM AND
CLINICAL STUDY IN ADVANCED PHARMACOLOGY AND ADVANCED PHARMACOLOGY CLASSES
UNDER
SECTION 4723.48 OF THE REVISED
CODE.
Subject to Chapter 119. of the Revised Code, the board may
adopt other rules necessary to carry out the provisions of this
chapter.
Sec. 4723.08. (A) The board of nursing may impose fees
not to exceed the following limits:
(1) For application for licensure by examination to
practice nursing as a registered nurse or as a licensed practical
nurse, fifty dollars;
(2) For application for licensure by endorsement to
practice nursing as a registered nurse or as a licensed practical
nurse, fifty dollars;
(3) For application for a certificate of authority to practice nursing
as a certified registered nurse anesthetist, clinical nurse specialist,
certified
nurse-midwife, or certified nurse practitioner, one hundred
dollars;
(4) FOR APPLICATION FOR A CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC
DEVICES, FIFTY DOLLARS;
(5) For verification of a license or certificate to another
jurisdiction,
fifteen dollars;
(5)(6) For providing a replacement copy of a license or
certificate, fifteen dollars;
(6)(7) For biennial renewal of any license, thirty-five
dollars;
(7)(8) For biennial renewal of a certificate of authority to
practice
nursing as a certified registered nurse anesthetist, clinical nurse
specialist,
certified nurse-midwife, or certified nurse practitioner, one hundred dollars;
(8)(9) FOR BIENNIAL RENEWAL OF A CERTIFICATE TO PRESCRIBE
DRUGS AND THERAPEUTIC DEVICES, FIFTY DOLLARS;
(10) For processing a late application for renewal of any
license or certificate, fifty dollars;
(9)(11) For application for authorization to approve
continuing nursing education programs and courses from an
applicant accredited by a national accreditation system for
nursing, five hundred dollars;
(10)(12) For application for authorization to approve
continuing nursing education programs and courses from an
applicant not accredited by a national accreditation system for
nursing, one thousand dollars;
(11)(13) For biennial renewal of authorization to approve
continuing
nursing education programs and courses, three hundred dollars;
(12)(14) For written verification of a license or
certificate,
other than verification to another jurisdiction, five dollars.
The board may contract for services pertaining to this
verification process and the collection of the fee, and may
permit the contractor to retain a portion of the fees as
compensation, before any amounts are deposited into the state
treasury.
(B) Each quarter, the board of nursing shall certify to
the director of budget and management the number of biennial
licenses renewed under this chapter during the preceding quarter
and the amount equal to that number times five dollars.
Sec. 4723.151. Medical diagnosis, prescription of medical measures, and the
practice of medicine or surgery or any of its branches by a nurse are
prohibited.
Nothing in this section prohibits a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner from practicing within the nurse's scope of practice in
accordance with section 4723.43 of the Revised Code OR PRESCRIBING DRUGS
AND THERAPEUTIC DEVICES IN ACCORDANCE WITH SECTION 4723.48 of the Revised Code.
Sec. 4723.28. As used in this section, "dangerous drug"
and "prescription" have the same meanings as in section
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;
(27) IN THE CASE OF A CERTIFIED REGISTERED NURSE
ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE,
OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO
PRESCRIBE UNDER SECTION 4723.48 OF THE
REVISED
CODE:
(a) FAILURE TO PRESCRIBE DRUGS AND
THERAPEUTIC DEVICES IN ACCORDANCE WITH THE FORMULARY ESTABLISHED
UNDER SECTION 4723.06 OF THE
REVISED
CODE;
(b) PRESCRIBING, DISPENSING, OR
ADMINISTERING DRUGS AND THERAPEUTIC DEVICES FOR OTHER THAN LEGAL
AND LEGITIMATE THERAPEUTIC PURPOSES.
(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. 4723.42. (A) If the applicant for authorization to
practice
nursing as a certified registered nurse anesthetist,
clinical nurse
specialist, certified
nurse-midwife, or certified nurse practitioner has met all the
requirements of
section 4723.41 of the Revised Code and has paid the
fee required
by section
4723.08 of the Revised Code, the board of nursing shall issue its
certificate of authority to practice
nursing as a
certified registered nurse anesthetist, clinical nurse
specialist,
certified nurse-midwife, or certified nurse practitioner, which shall
designate the nursing
specialty the nurse is authorized to practice. The certificate entitles
its holder to practice nursing in
the specialty designated on the certificate.
The board shall issue or deny its
certificate not later than sixty days after receiving all of the
documents required by section
4723.41 of the Revised Code. Not later than fifteen
THIRTY days after receipt of an
application, the board shall provide the applicant with written
notice, by mail, of any required documents that remain to be
submitted.
If an applicant is under investigation for a violation
of this chapter, the board shall conclude the investigation
not later than ninety days after receipt
of all required documents, unless
this ninety-day period is extended by written consent of
the applicant, or unless the board
determines that a substantial question of such a violation exists
and the board has notified the applicant in writing of the
reasons for the continuation of the investigation. If the board
determines that the applicant has not violated this chapter, it
shall issue a certificate not later than
forty-five days
after making that
determination.
(B) Authorization to practice nursing as a
certified
registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse
practitioner shall be renewed biennially according to rules and a
schedule
adopted by the board. Before a date specified by the
board,
the board shall
mail an application for renewal of a certificate of authority to each
certificate holder
at the last known
address of the holder. Failure of the holder to receive an
application for renewal from the board does not excuse the holder
from the requirements of section 4723.44 of the Revised Code.
Not later than the date specified by the board,
the holder
shall complete the renewal form and return it to the
board with all of the following:
(1) The renewal fee required by section 4723.08 of the
Revised Code;
(2) Except as provided in division (C) of this
section, documentation satisfactory to the board that the holder
has
maintained certification in the nursing specialty with a national
certifying organization listed in division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under section 4723.46 of the Revised
Code;
(3) A list of the names and business addresses of the holder's current
collaborating physicians and podiatrists, if the holder is a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner;
(4) If the holder's certificate was issued under
division (C) of section 4723.41 of the Revised
Code, evidence that the holder has completed continuing
education for a clinical nurse specialist as required by rule of
the board;
(5) If the holder's certificate was issued under
division (D) of section 4723.41 of the Revised
Code, verification of continued employment by a public
agency or a private, nonprofit entity that receives funding under
Title X of the "Public
Health Service Act," 42
U.S.C. 300 and 300a-1
(1991).
On receipt of the renewal application, fees, and
documents, the board shall
verify that
the applicant holds a current license to
practice nursing as a registered nurse in this state, and,
if it so verifies, shall renew the
certificate. If an applicant submits the
completed renewal application after the date specified in the
board's schedule, but before the expiration of the certificate,
the board shall grant a renewal when the late renewal fee
required by section 4723.08 of the Revised Code is paid.
An applicant for reinstatement of an expired certificate
shall submit the renewal fee and the
late renewal fee
required by section 4723.08 of the Revised Code. Any holder of a
certificate who desires inactive status shall give the board
written notice to that effect.
(C) The board shall renew a certificate of
authority to practice nursing as a clinical nurse specialist
issued pursuant to division (C) of section 4723.41 of
the
Revised Code, if the certificate holder
complies with all renewal requirements of this section other than
the requirement of having maintained certification in the holder's nursing
specialty.
Sec. 4723.43. A certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner may provide to
individuals
and groups nursing care that requires knowledge and skill
obtained from advanced formal education and clinical experience.
(A) A nurse authorized to practice as a
certified nurse-midwife,
in collaboration with physicians, may provide the
management of preventive services and those primary care services necessary to
provide health care to women antepartally, intrapartally,
postpartally, and gynecologically, consistent with the nurse's education and
certification, and in accordance with rules adopted by the board. A
No certified nurse-midwife may perform version,
deliver breech or face
presentation, use forceps, do any obstetric operation, or treat any
other abnormal condition, except in
emergencies. Division
(A) of this section does not prohibit a certified nurse-midwife from
performing episiotomies or normal vaginal deliveries, or repairing vaginal
tears
WHO HOLDS A CERTIFICATE TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE MAY, IN COLLABORATION WITH
A PHYSICIAN, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN
ACCORDANCE WITH THAT SECTION.
(B) A nurse authorized to practice as a
certified registered nurse anesthetist, with the supervision and
in the immediate presence of a physician, podiatrist, or dentist,
may administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision
preanesthetic preparation and evaluation, postanesthesia care,
and clinical support functions,
INCLUDING SELECTING AND ORDERING ANESTHETIC AGENTS AND ADJUVANT
DRUGS, consistent with the nurse's education and
certification, and in accordance with rules adopted by the
board. When A CERTIFIED REGISTERED NURSE ANESTHETIST WHO HOLDS A
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE MAY, WITH THE SUPERVISION
OF A PHYSICIAN, PODIATRIST, OR DENTIST, PRESCRIBE DRUGS AND
THERAPEUTIC DEVICES IN ACCORDANCE WITH THAT SECTION. A
CERTIFIED REGISTERED NURSE ANESTHETIST IS NOT REQUIRED TO OBTAIN
A CERTIFICATE TO PRESCRIBE IN ORDER TO PROVIDE THE ANESTHESIA
CARE DESCRIBED IN THIS DIVISION.
A PHYSICIAN WHO IS SUPERVISING A CERTIFIED REGISTERED
NURSE ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER
CHAPTER 4731. OF THE
REVISED
CODE AUTHORIZING THE PRACTICE
OF MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY AND
BE PRACTICING IN THIS STATE. A PODIATRIST WHO IS SUPERVISING A
CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE
ISSUED UNDER CHAPTER 4731. OF
THE REVISED
CODE AUTHORIZING THE PRACTICE
OF PODIATRY AND BE PRACTICING IN THIS STATE. A DENTIST WHO IS
SUPERVISING A CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE
LICENSED UNDER CHAPTER 4715. OF
THE REVISED
CODE TO PRACTICE DENTISTRY AND
BE PRACTICING IN THIS STATE.
WHEN a certified registered nurse anesthetist is
supervised by a podiatrist, the nurse's scope of
practice is limited to the anesthesia procedures that the podiatrist has the
authority under section 4731.51 of the Revised
Code to perform. A certified registered nurse anesthetist may not
administer general anesthesia under the supervision of a podiatrist in a
podiatrist's office. When a certified registered nurse
anesthetist is supervised by a dentist, the nurse's
scope of practice is limited to the anesthesia procedures that the dentist
has the authority under Chapter 4715. of the
Revised Code to perform.
(C) A nurse authorized to practice as a certified nurse
practitioner, in collaboration with physicians or podiatrists,
may provide preventive and primary care services and evaluate
and promote patient wellness within the nurse's nursing specialty,
consistent with the nurse's education and certification, and in
accordance with rules adopted by the board.
When A CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE MAY, IN COLLABORATION WITH
A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC
DEVICES IN ACCORDANCE WITH THAT SECTION.
WHEN a certified nurse
practitioner is collaborating with a podiatrist, the nurse's
scope of practice is limited to the procedures that the podiatrist has the
authority under section 4731.51 of the Revised
Code to perform.
(D) A nurse authorized to practice as a
clinical nurse specialist, in collaboration with physicians or
podiatrists, may provide and manage the care of individuals and
groups with complex health problems and provide health care
services that promote, improve, and manage health
care within the nurse's nursing specialty, consistent with the nurse's
education and in accordance with rules adopted by the board. When
A CLINICAL NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE MAY, IN COLLABORATION WITH
A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC
DEVICES IN ACCORDANCE WITH THAT SECTION.
WHEN a clinical nurse specialist is collaborating with a podiatrist,
the nurse's scope of practice is limited to the procedures that the
podiatrist has the authority under section 4731.51 of the
Revised Code to perform.
Sec. 4723.431. (A) Except as provided in division
(C) of this section, a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner may
practice only in accordance with a standard care arrangement entered into with
one or more collaborating physicians or podiatrists whose practice is the same
as or similar to the nurse's nursing specialty. A PHYSICIAN OR PODIATRIST
WHO IS COLLABORATING WITH A CLINICAL
NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE
PRACTITIONER MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER
CHAPTER 4731. OF THE
REVISED
CODE AUTHORIZING THE PRACTICE
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR
PODIATRY AND BE PRACTICING IN THIS STATE. The standard care
arrangement shall be in writing and contain all of the following:
(1) Criteria for referral of a patient by the clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner to a collaborating
physician or podiatrist;
(2) A process for the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to obtain a consultation with
the physician or podiatrist;
(3) A plan for coverage in instances of emergency or planned absences of
either the clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner or the collaborating physician or podiatrist that provides
the means whereby a physician or podiatrist is available for emergency
care;
(4) The process for resolution of disagreements regarding matters of
patient management between the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner and the collaborating physician
or podiatrist;
(5) A procedure for a regular review of the referrals by the clinical
nurse specialist, certified nurse-midwife, or certified nurse practitioner to
other health care professionals and the care outcomes for a random sample of
all patients seen by the nurse;
(6) If the clinical nurse specialist or
certified nurse practitioner regularly provides services to infants, a policy
for care of infants up to age one and recommendations for collaborating
physician visits for children from birth to age three;
(7) Any other criteria required by rule of the board adopted pursuant to
section 4723.07 of the Revised
Code.
(B) The standard care arrangement shall
be retained on file at the site where the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner practices by the nurse and the
collaborating physician or podiatrist. Prior approval of the standard care
arrangement by the board of nursing is not required, but the board may
periodically review it for compliance with this section.
(C) A clinical nurse specialist whose
nursing specialty is mental health or psychiatric mental health, as determined
by the board, is not required to enter into a standard care arrangement with a
collaborating physician, but shall practice in collaboration
with physicians.
(D) Nothing in this section prohibits a hospital from hiring a
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner as an employee and negotiating standard care arrangements on
behalf of the employee as necessary to meet the requirements of this section.
A standard care arrangement between the hospital's employee and the employee's
collaborating physician is subject to approval by the medical staff and
governing body of the hospital prior to implementation of the arrangement at
the hospital.
Sec. 4723.44. (A) No person shall do any of the following unless
the person
holds a current, valid certificate
of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner issued by the
board of
nursing under this chapter:
(1) Engage in the practice of nursing as a certified
registered nurse anesthetist, clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner for a fee, salary, or
other
consideration, or as a volunteer;
(2) Hold herself or himself out as being a certified registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner;
(3) Use any title or initials implying that the person is a
certified registered nurse anesthetist, clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner.
(B) No person who is not certified by the
national council on certification of nurse anesthetists of the
American association of nurse anesthetists, the national
council on recertification of nurse anesthetists of the
American association of nurse anesthetists, or another
national certifying organization approved by the board under
section 4723.46 of the Revised Code shall use
the
title "certified registered nurse anesthetist" or the
initials "C.R.N.A.," or
any other title or initial implying that the person has been
certified by the council or
organization.
(C) No certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner
shall do any of the following:
(1) Engage, for a fee, salary, or other consideration,
or as a volunteer, in the practice of a nursing specialty other
than the specialty designated on the nurse's current, valid certificate
of authority issued by the board under this chapter;
(2) Hold herself or himself out as being authorized to practice
any nursing specialty other than the specialty designated on the
current, valid certificate;
(3) Use the title "certified registered nurse
anesthetist" or the initials "N.A." or "C.R.N.A.," the title "clinical nurse
specialist" or the initials
"C.N.S.," the title "certified nurse-midwife" or the initials
"C.N.M.," the title "certified nurse
practitioner" or the initials
"C.N.P.," or any other title or
initials implying that the nurse is authorized to practice any nursing
specialty other than the specialty designated on the nurse's current,
valid certificate;
(4) Enter into a standard care arrangement with a physician or podiatrist
whose practice is not the same or similar to the nurse's nursing
specialty;
(5) PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE
NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED
UNDER SECTION 4723.48 OF THE
REVISED
CODE;
(6) IF THE NURSE HOLDS A CURRENT, VALID CERTIFICATE TO
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE
REVISED
CODE, PRESCRIBE DRUGS OR
THERAPEUTIC DEVICES THAT ARE NOT LISTED ON
THE FORMULARY ESTABLISHED
UNDER SECTION 4723.06 OF THE
REVISED CODE.
(D) No person shall knowingly employ a person
to engage in the practice of nursing as a certified registered
nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner unless the person so employed holds a current,
valid certificate of authority to engage in that nursing
specialty issued by the board under this chapter.
(E) A certificate certified by the executive director
of the board, under the official seal of the
board, to the effect that it appears from the
records that no certificate of authority to practice
nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife, or certified
nurse
practitioner has been issued to any person specified therein,
or that a certificate, if issued, has been revoked or suspended,
shall be received as prima-facie evidence of the record in any
court or before any officer of the state.
Sec. 4723.47. (A) If a certified registered nurse
anesthetist's, clinical nurse specialist's, certified nurse-midwife's, or
certified nurse practitioner's license to practice nursing as a registered
nurse expires for failure to renew under section 4723.24 of the
Revised Code, the nurse's certificate of authority to
practice nursing as a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner
is automatically suspended until the license is reinstated. If
the license is revoked under section 4723.28 or 4723.281 of the
Revised Code, the nurse's certificate of authority is
automatically revoked. If the license is suspended under either
section, the nurse's certificate of authority is automatically suspended
while the license remains suspended.
(B) IF THE CERTIFICATE OF AUTHORITY OF A CERTIFIED REGISTERED
NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER TO PRACTICE NURSING AS A
CERTIFIED REGISTERED NURSE
ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE,
OR CERTIFIED NURSE PRACTITIONER EXPIRES FOR FAILURE TO RENEW
UNDER SECTION 4723.41 OF THE
REVISED
CODE, THE NURSE'S CERTIFICATE
TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IS AUTOMATICALLY
SUSPENDED UNTIL THE CERTIFICATE OF AUTHORITY IS REINSTATED. IF THE
CERTIFICATE OF AUTHORITY BECOMES INACTIVE IN
ACCORDANCE WITH SECTION 4723.42 OF THE
REVISED
CODE, THE NURSE'S CERTIFICATE
TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IS AUTOMATICALLY
SUSPENDED UNTIL THE CERTIFICATE OF AUTHORITY BECOMES
ACTIVE. IF
THE CERTIFICATE OF AUTHORITY IS REVOKED UNDER SECTION 4723.28 OR
4723.281 OF THE REVISED
CODE, THE NURSE'S CERTIFICATE
TO PRESCRIBE IS AUTOMATICALLY REVOKED. IF THE CERTIFICATE OF
AUTHORITY IS SUSPENDED UNDER EITHER SECTION, THE NURSE'S
CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY SUSPENDED WHILE THE
CERTIFICATE OF AUTHORITY REMAINS SUSPENDED. IF A RESTRICTION IS PLACED
ON THE CERTIFICATE OF AUTHORITY
UNDER SECTION 4723.28 OF THE
REVISED
CODE, THE SAME RESTRICTION IS
PLACED ON THE NURSE'S CERTIFICATE TO PRESCRIBE WHILE THE
CERTIFICATE OF AUTHORITY REMAINS RESTRICTED.
Sec. 4723.48. (A) TO BE ELIGIBLE FOR A
CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, A
CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL NURSE
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER MUST,
WITHIN THE
THREE-YEAR PERIOD PRIOR TO APPLYING FOR THE CERTIFICATE,
HAVE SUCCESSFULLY
COMPLETED A COURSE OF STUDY IN
ADVANCED PHARMACOLOGY THROUGH EITHER OF THE FOLLOWING:
(1) PLANNED CLASSROOM AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY
THAT MEETS THE COURSE REQUIREMENTS OF DIVISION (B) OF THIS SECTION
AND IS APPROVED BY THE BOARD OF NURSING PURSUANT TO RULES ADOPTED UNDER
SECTION 4723.07 of the Revised Code;
(2) ADVANCED PHARMACOLOGY CLASSES THAT MEET THE COURSE REQUIREMENTS OF
DIVISION
(B) OF THIS SECTION AND ARE APPROVED BY THE BOARD
PURSUANT TO RULES ADOPTED UNDER SECTION 4723.07 OF THE
REVISED CODE.
(B) THE COURSE OF STUDY IN ADVANCED PHARMACOLOGY REQUIRED BY
DIVISION
(A) OF THIS SECTION MUST
INCLUDE ALL OF THE FOLLOWING:
(1) PHARMACOKINETIC PRINCIPLES AND CLINICAL APPLICATION;
(2) USE OF DRUGS AND THERAPEUTIC DEVICES IN THE
PREVENTION OF ILLNESS AND MAINTENANCE OF HEALTH;
(3) A CONTENT SPECIFIC TO THE CERTIFIED REGISTERED NURSE
ANESTHETIST'S, CLINICAL NURSE SPECIALIST'S, CERTIFIED
NURSE-MIDWIFE'S, OR CERTIFIED NURSE PRACTITIONER'S NURSING
SPECIALTY;
(4) THE FISCAL IMPLICATIONS OF PRESCRIBING DRUGS AND
THERAPEUTIC
DEVICES;
(5) THE ETHICAL IMPLICATIONS OF PRESCRIBING DRUGS AND
THERAPEUTIC DEVICES;
(6) THE STATE AND FEDERAL LAWS REGULATING ALL ASPECTS OF
PHARMACOLOGY;
(7) ANY ADDITIONAL REQUIREMENT PROVIDED FOR PURSUANT TO RULES ADOPTED BY
THE BOARD UNDER SECTION 4723.07 of the Revised Code.
(C) AN APPLICANT FOR A CERTIFICATE UNDER THIS
SECTION SHALL FILE WITH THE BOARD A WRITTEN APPLICATION THAT
CONTAINS ALL OF THE FOLLOWING:
(1) EVIDENCE OF MEETING THE REQUIREMENTS OF SECTION 4723.41
OF THE REVISED CODE IN THE APPLICANT'S
NURSING SPECIALTY;
(2) EVIDENCE OF HAVING SUCCESSFULLY COMPLETED THE ADVANCED PHARMACOLOGY
INSTRUCTION
REQUIRED BY DIVISION (A) OF THIS SECTION;
(3) ON A FORM APPROVED BY THE BOARD AND INCLUDED WITH THE APPLICATION, A
STATEMENT BY A PHYSICIAN WHO IS COLLABORATING WITH OR SUPERVISING THE
APPLICANT ATTESTING THAT, AFTER SUCCESSFULLY COMPLETING THE ADVANCED
PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF THIS SECTION AND
FOR A PERIOD OF NOT LESS THAN ONE YEAR, THE APPLICANT HAS DEMONSTRATED
COMPETENCE, KNOWLEDGE, AND SKILL IN PHARMACOKINETIC PRINCIPLES
AND THEIR CLINICAL APPLICATION TO THE NURSE'S SPECIALTY CONSISTENT WITH THE
INSTRUCTION REQUIRED BY
DIVISION (A) OF THIS SECTION;
(4) THE FEE REQUIRED BY SECTION 4723.08 OF THE
REVISED CODE FOR A CERTIFICATE TO
PRESCRIBE;
(5) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT TO
RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED
CODE.
THE BOARD SHALL ISSUE A CERTIFICATE TO PRESCRIBE DRUGS AND
THERAPEUTIC DEVICES TO AN APPLICANT WHO MEETS THE REQUIREMENTS
OF THIS DIVISION.
(D)(1) THE BOARD MAY WAIVE THE REQUIREMENT THAT THE ADVANCED
PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION
(A) OF THIS SECTION HAS BEEN
COMPLETED WITHIN THE THREE-YEAR PERIOD PRIOR TO
APPLICATION FOR A CERTIFICATE IF THE APPLICANT SUBMITS TO THE
BOARD EVIDENCE
THAT THE APPLICANT IS AUTHORIZED TO PRESCRIBE DRUGS AND
THERAPEUTIC DEVICES IN ANOTHER JURISDICTION AND
HAS BEEN PRESCRIBING DRUGS AND
THERAPEUTIC DEVICES UNDER THAT AUTHORITY.
(2) THE BOARD MAY WAIVE THE REQUIREMENT DESCRIBED IN DIVISION
(C)(3) OF THIS
SECTION IF A PHYSICIAN WHO COLLABORATES WITH OR SUPERVISES THE APPLICANT
RECOMMENDS ON A FORM APPROVED BY THE BOARD THAT THE APPLICANT BE GRANTED A
CERTIFICATE UNDER THIS SECTION AND ONE OF THE FOLLOWING APPLIES:
(a) AS OF THE EFFECTIVE DATE OF THIS SECTION, THE
APPLICANT HAS THREE
CONSECUTIVE YEARS OF CLINICAL EXPERIENCE, WITHIN THE FIVE-YEAR PERIOD PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION, AS A REGISTERED NURSE PRACTICING IN
OHIO AS A NURSE ANESTHETIST,
CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE PRACTITIONER.
(b) THE APPLICANT SUBMITS TO THE BOARD EVIDENCE THAT THE
APPLICANT IS AUTHORIZED
IN ANOTHER JURISDICTION TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES AND HAS
THREE CONSECUTIVE YEARS OF CLINICAL EXPERIENCE, WITHIN THE FIVE-YEAR PERIOD
PRECEDING THE DATE AN APPLICATION IS FILED UNDER DIVISION (C) OF
THIS SECTION, AS A REGISTERED NURSE PRACTICING IN
ANOTHER JURISDICTION AS A NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST,
NURSE-MIDWIFE, OR NURSE PRACTITIONER.
(E) A CERTIFICATE ISSUED UNDER THIS SECTION
SHALL BE RENEWED BIENNIALLY ACCORDING TO RULES AND A
SCHEDULE ADOPTED BY THE BOARD. THE BOARD MAY RENEW THE CERTIFICATE IF THE
HOLDER
SUBMITS TO THE BOARD ALL OF THE FOLLOWING:
(1) EVIDENCE OF HAVING COMPLETED DURING THE PREVIOUS TWO
YEARS AT LEAST TWELVE HOURS OF CONTINUING EDUCATION IN
ADVANCED PHARMACOLOGY FROM AN ACCREDITED INSTITUTION RECOGNIZED BY THE
BOARD
OR, IN THE CASE OF A CERTIFICATE TO PRESCRIBE THAT WAS
ISSUED FOR LESS THAN THE BIENNIAL RENEWAL PERIOD, EVIDENCE OF
HAVING COMPLETED THE NUMBER OF HOURS SPECIFIED BY THE BOARD IN
RULES ADOPTED UNDER DIVISION
(R) OF SECTION 4723.07 OF THE
REVISED
CODE;
(2) THE RENEWAL FEE REQUIRED BY SECTION 4723.08 OF THE
REVISED CODE;
(3) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT TO
RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED
CODE.
(F) EACH CERTIFIED REGISTERED NURSE
ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, AND CERTIFIED
NURSE
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE DRUGS AND
THERAPEUTIC DEVICES SHALL PRESCRIBE IN ACCORDANCE WITH THE
FORMULARY ESTABLISHED
UNDER SECTION 4723.06 OF THE REVISED
CODE.
(G) THE CONTINUING EDUCATION IN ADVANCED PHARMACOLOGY
REQUIRED BY THIS SECTION IS IN ADDITION TO THE CONTINUING
EDUCATION REQUIRED BY SECTION 4723.24 OF THE REVISED
CODE.
Sec. 4723.49. (A) THERE
IS HEREBY CREATED THE JOINT ADVISORY COUNCIL ON ADVANCED
PRACTICE NURSING CONSISTING OF THE FOLLOWING MEMBERS:
(1) A CERTIFIED NURSE-MIDWIFE;
(2) A CERTIFIED REGISTERED NURSE ANESTHETIST;
(3) A CERTIFIED NURSE PRACTITIONER;
(4) A CLINICAL NURSE SPECIALIST;
(5) A MEMBER OF THE BOARD OF NURSING WHO IS A REGISTERED NURSE;
(6) THREE INDIVIDUALS WHO HOLD VALID CERTIFICATES ISSUED
UNDER CHAPTER 4731. OF THE REVISED
CODE AUTHORIZING THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC
MEDICINE AND
SURGERY, OR PODIATRY, AT LEAST TWO OF WHOM ARE INDIVIDUALS WHO COLLABORATE
WITH OR SUPERVISE CERTIFIED NURSE-MIDWIVES, CERTIFIED REGISTERED NURSE
ANESTHETISTS, CERTIFIED NURSE PRACTITIONERS, OR CLINICAL NURSE
SPECIALISTS;
(7) AN INDIVIDUAL WHO HOLDS A VALID IDENTIFICATION CARD
ISSUED UNDER CHAPTER 4729. OF
THE REVISED CODE AUTHORIZING THE PRACTICE OF PHARMACY.
(B) INITIAL APPOINTMENTS
OF MEMBERS SHALL BE MADE BY THE BOARD OF NURSING NO LATER THAN
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE BOARD
OF NURSING SHALL APPOINT THE MEMBERS BASED ON RECOMMENDATIONS
SUBMITTED UNDER DIVISION (D) OF
THIS SECTION. OF THE INITIAL APPOINTMENTS OF THE MEMBERS
DESCRIBED IN DIVISIONS (A)(1)
TO (4) OF THIS SECTION, TWO SHALL BE FOR TERMS OF THREE YEARS AND TWO SHALL BE
FOR TERMS OF TWO YEARS. THE INITIAL APPOINTMENT OF THE MEMBER DESCRIBED IN
DIVISION (A)(5) OF THIS SECTION SHALL BE FOR THREE YEARS. OF THE
INITIAL APPOINTMENTS OF THE
MEMBERS DESCRIBED IN DIVISION (A)(6) OF THIS SECTION, ONE
SHALL BE FOR A TERM OF THREE YEARS AND TWO SHALL BE FOR TERMS OF
TWO YEARS. THE INITIAL APPOINTMENT OF THE MEMBER DESCRIBED IN
DIVISION (A)(7) OF THIS SECTION
SHALL BE FOR THREE YEARS. THEREAFTER, ALL APPOINTMENTS SHALL BE
FOR TERMS OF THREE YEARS, EACH TERM ENDING ON THE SAME DAY OF
THE SAME MONTH OF THE YEAR AS DID THE TERM THAT IT SUCCEEDS.
WHEN THE TERM OF ANY MEMBER EXPIRES, A SUCCESSOR SHALL BE
APPOINTED WHO HAS THE QUALIFICATIONS THE VACANCY REQUIRES. 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 THAT TERM. A
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR
UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS
FIRST. NO MEMBER SHALL BE REAPPOINTED TO THE
COUNCIL MORE THAN ONCE.
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL RECEIVE
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR OFFICIAL DUTIES.
(C) THE COUNCIL SHALL
SELECT A CHAIRPERSON FROM THE MEMBERS LISTED IN DIVISIONS (A)(1) TO
(4) OF THIS SECTION.
THE COUNCIL MAY SELECT A NEW CHAIRPERSON AT ANY TIME. THE
COUNCIL SHALL MEET AT INTERVALS AGREED TO BY ITS MEMBERS OR AT
THE CALL OF THE CHAIRPERSON. FIVE MEMBERS OF THE COUNCIL
SHALL
CONSTITUTE A QUORUM. THE COUNCIL SHALL ADVISE THE BOARD OF
NURSING IN ALL MATTERS RELATING TO ADVANCED PRACTICE NURSES.
THE COUNCIL MAY MAKE RECOMMENDATIONS TO THE BOARD REGARDING
ADVANCED PRACTICE NURSING WHEN THE COUNCIL DETERMINES THAT A
RECOMMENDATION IS APPROPRIATE. THE BOARD OF NURSING SHALL
CONSIDER ALL RECOMMENDATIONS MADE BY THE COUNCIL. IT IS NOT
NECESSARY FOR THE COUNCIL TO MAKE A RECOMMENDATION BEFORE THE
BOARD MAY TAKE ACTION REGARDING A PARTICULAR MATTER.
(D) INDIVIDUALS AND
PROFESSIONAL NURSING ASSOCIATIONS MAY MAKE RECOMMENDATIONS TO
THE BOARD OF NURSING FOR THE APPOINTMENT OF THE MEMBERS
DESCRIBED IN DIVISIONS (A)(1)
TO (4) OF THIS SECTION. INDIVIDUALS AND PROFESSIONAL MEDICAL
ASSOCIATIONS MAY MAKE RECOMMENDATIONS TO THE BOARD FOR THE
MEMBERS DESCRIBED IN DIVISION
(A)(6) OF THIS SECTION.
INDIVIDUALS AND PROFESSIONAL PHARMACY ASSOCIATIONS MAY MAKE
RECOMMENDATIONS TO THE BOARD FOR THE MEMBER DESCRIBED IN
DIVISION (A)(7) OF THIS
SECTION. IF NO RECOMMENDATIONS ARE MADE TO FILL A VACANCY, THE
BOARD OF NURSING SHALL APPOINT A MEMBER TO FILL THE VACANCY ON
ITS OWN RECOMMENDATION.
Sec. 4723.52. (A) The school of nursing of case western
reserve university, the school of nursing of wright state
university, and the university of Cincinnati college of nursing
and health shall each establish a pilot program to provide access
to health care in underserved areas through the use of advanced
practice nurses. Each pilot program shall be operated by the
nursing faculty of the university at which it is established.
Each pilot program shall cease to exist on January 1, 2010.
An advisory committee shall be established for each of the
pilot programs. The dean of the medical school at case western
reserve university shall appoint two physicians to serve on the
advisory committee of the university's pilot program. The dean
of the medical school at wright state university shall appoint
two physicians to serve on the advisory committee of the
university's pilot program. The dean of the medical school at
the university of Cincinnati shall appoint two physicians to
serve on the advisory committee of the university's pilot
program. To be appointed, a physician must have experience
working with registered nurses who are approved as advanced
practice nurses under section 4723.55 of the Revised Code or,
until one year after the board of nursing begins approving nurses
under that section, nurses who are qualified to be approved under
that section.
(B) The advisory committee of each pilot program shall
develop a standard care arrangement in accordance with rules
adopted by the board of nursing under section 4723.54 of the
Revised Code. The standard care arrangement applies only to the
advanced practice nurses included in the pilot program for which
it is developed. Each advisory committee shall submit a copy of
its standard care arrangement to the board of nursing for review
within thirty days after the board adopts final rules under
division (A) of section 4723.54 of the Revised Code.
(C) Each standard care arrangement shall establish
conditions under which an advanced practice nurse must refer a
patient to a physician and procedures for quality assurance
reviews of advanced practice nurses by the advisory committee,
and shall comply with any other requirements established by the
board of nursing in rules adopted under section 4723.54 of the
Revised Code.
(D) Biennially, each pilot program shall submit a written
report of its operation to the governor, the speaker of the house
of representatives, the president of the senate, the board of
nursing, the state medical board, the state board of pharmacy,
AND the department of health, and the formulary committee for
advanced practice nurses established under section 4723.57 of the
Revised Code. The first report shall be submitted no later than
July 1, 1994.
Sec. 4723.56. (A) For purposes of the pilot programs
established by section 4723.52 of the Revised Code, the board of
nursing may approve an advanced practice nurse to prescribe drugs
and therapeutic devices if the nurse submits to the board all of
the following:
(1) Evidence of having attained at least a master's degree
in nursing from an accredited institution recognized by the
board;
(2) Evidence of completing the pharmacology instruction
required by division (B) of this section;
(3) A copy of the protocol established between the nurse
and the nurse's collaborating physician that meets the
requirements of division (C) of this section and receives
approval from the formulary committee for advanced practice
nurses established under section 4723.57 of the Revised Code;
(4) Any other information the board requires pursuant to
rules adopted under section 4723.58 of the Revised Code;
(5) The fee established in rules adopted under section
4723.54 of the Revised Code.
(B) To receive approval under this section to prescribe
drugs and therapeutic devices, an advanced practice nurse must
have completed a minimum of thirty hours of instruction in
pharmacology. The instruction must have been completed within
three years prior to application for the approval, unless the
board of nursing establishes by rule adopted under section
4723.58 of the Revised Code another time period within which the
instruction must have been completed. The instruction may have
been received through either of the following:
(1) Planned classroom, clinical, or provider-directed
independent study in pharmacology from an accredited institution
recognized by the board of nursing;
(2) Pharmacology courses determined to be acceptable by
the board pursuant to rules adopted under section 4723.58 of the
Revised Code.
(C) Each advanced practice nurse who desires to receive
approval under this section to prescribe drugs and therapeutic
devices shall enter into an arrangement with a collaborating
physician. The advanced practice nurse and the collaborating
physician shall develop a written protocol that establishes the
arrangement between the nurse and the physician. The protocol
shall include the following:
(1) The drugs that the advanced practice nurse may
prescribe and the limitations on the authority to prescribe
them, including any restrictions on dosage units or refills, in
accordance with the formulary established in rules adopted under
section 4723.58 of the Revised Code;
(2) The conditions under which the advanced practice nurse
must refer patients to the collaborating physician or another
physician;
(3) The responsibilities of the collaborating physician;
(4) Procedures for quality assurance reviews of the
advanced practice nurse by the collaborating physician.
(D)(1) On receipt of a protocol under division (A) of this
section, the board shall submit the protocol to the formulary
committee for advanced practice nurses for the committee's
review. APPROVAL TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES GRANTED
UNDER THE VERSION OF THIS SECTION THAT WAS IN EFFECT IMMEDIATELY PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT SHALL REMAIN VALID FOR THE REMAINDER OF THE
PERIOD FOR WHICH IT WAS OBTAINED. An advanced practice nurse
shall prescribe drugs and therapeutic devices only in accordance with a
protocol ESTABLISHED BETWEEN THE NURSE AND THE NURSE'S COLLABORATING
PHYSICIAN THAT MEETS THE REQUIREMENTS OF DIVISION (C) OF THE VERSION
OF THIS SECTION THAT WAS IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF
THIS AMENDMENT AND approved by the FORMULARY committee FOR
ADVANCED PRACTICE NURSES ESTABLISHED UNDER SECTION 4723.57 of the Revised Code.
(2)(B) If an advanced practice nurse and collaborating
physician propose to make a change in an approved protocol, the
advanced practice nurse shall file the proposed change with the
board of nursing at least thirty days prior to the date on which
the proposed change is intended to become effective. The board
shall submit the proposed change to the formulary committee for
the committee's review. The advanced practice nurse and
collaborating physician shall implement the change only if it is
approved by the committee.
(E)(C) Notwithstanding any other provision of this chapter or
Chapter 2925., 3719., 4729., or 4731. of the Revised Code to the
contrary, an advanced practice nurse approved under this section
may prescribe drugs and therapeutic devices as specified in the
protocol established between the nurse and the collaborating
physician and may personally supply drugs and therapeutic devices in
accordance with section 4723.561 of the Revised Code.
(F) Approval under this section to prescribe and personally supply
drugs and therapeutic devices is valid for two years. The board
may renew its approval to prescribe drugs and therapeutic devices if the
nurse submits to the board all of the following:
(1) Evidence of completing during the previous two years
at least twelve hours of continuing education in pharmacology
from an accredited institution recognized by the board;
(2) A written recommendation for renewal from the nurse's
collaborating physician;
(3) Any other information the board requires pursuant to
rules adopted under section 4723.58 of the Revised Code;
(4) The fee established in rules adopted under section
4723.54 of the Revised Code.
(G) The continuing education required by this section is
in addition to the continuing education required under section
4723.24 of the Revised Code.
(H) Application for approval under this section may be
made at the same time that application is made for approval under
section 4723.55 of the Revised Code or at any time subsequent to
receiving approval under that section.
Sec. 4723.561. An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT, AN advanced practice nurse approved by the board of nursing
under section 4723.56 of the Revised Code to prescribe drugs and
therapeutic
devices as part of a pilot
program established under section 4723.52 of the Revised Code may personally
supply to patients the
following drugs and devices that are within the advanced practice nurse's
authority to prescribe: antibiotics, antifungals,
scabicides, contraceptives, and prenatal vitamins.
The advanced practice nurse shall maintain a written record of drugs and
devices personally supplied under this section. For each drug or device
supplied, the collaborating physician shall review the record within
seventy-two hours after the drug or device is supplied.
Sec. 4723.57. (A) There is hereby created the formulary
committee for advanced practice nurses. Three members of the
committee shall be advanced practice nurses appointed by the
board of nursing, each of whom shall hold at least a master's
degree in nursing. One of these members shall be a nurse-midwife
certified by the American college of nurse-midwives, one shall be
a nurse practitioner certified as such by a national certifying
organization recognized by the board of nursing in accordance
with section 4723.55 of the Revised Code, and one shall be a
clinical nurse specialist certified as such by a national
certifying organization recognized by the board of nursing in
accordance with section 4723.55 of the Revised Code. Three
members shall be physicians appointed by the state medical board
who have experience working with advanced practice nurses. One
member shall be a pharmacist appointed by the state board of
pharmacy. The director of health or his THE DIRECTOR'S designee
shall serve as
a nonvoting member of the formulary committee.
Initial appointments to the formulary committee shall be
made within sixty days after the effective date of this section
JANUARY 14, 1993.
Vacancies shall be filled in the manner provided for original
appointments.
Annually, the formulary committee shall organize by
selecting a chairman CHAIRPERSON from its voting members. For
the committee
to take any action, the action must be approved by affirmative
vote of at least four voting members, of which two must be
advanced practice nurses and two must be physicians. Members
shall serve without compensation but shall be reimbursed by the
board of nursing for their actual and necessary expenses incurred
in carrying out their duties as committee members.
(B) The UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT,
THE formulary committee shall make:
(1) MAKE recommendations to
the board of nursing regarding the board's adoption of rules
under section 4723.58 of the Revised Code. It shall review;
(2) REVIEW, and approve or disapprove, each protocol and proposed
change to a protocol it receives from the board of nursing pursuant to
section 4723.56 of the Revised Code.
Sec. 4723.58. (A) In UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS AMENDMENT AND IN accordance with Chapter 119. of the
Revised Code, the board of nursing shall adopt rules regarding
the approval of advanced practice nurses under section 4723.56 of
the Revised Code to prescribe drugs and therapeutic devices. The
rules shall be consistent with the recommendations of the
formulary committee for advanced practice nurses and shall
establish all of the following:
(1) A formulary listing the drugs and therapeutic devices,
including types and classes where appropriate, that may be
prescribed by advanced practice nurses;
(2) Requirements pertaining to the protocol that is
required to be established between an advanced practice nurse and
the nurse's collaborating physician;
(3) Requirements regarding the pharmacology courses that
an advanced practice nurse is required to complete to receive
approval or renewal of approval to prescribe drugs and
therapeutic devices;
(4) Standards and procedures for approval and renewal of
approval of advanced practice nurses to prescribe drugs and
therapeutic devices;
(5) Any other requirements with regard to advanced
practice nurses approved to prescribe drugs and therapeutic
devices.
(B) The drugs included in the formulary shall not include
any drug listed on schedule I or II, as specified in section
3719.41 of the Revised Code. The formulary may include
restrictions and requirements for prescriptions and shall include
requirements specific to advanced practice nursing.
Sec. 4723.59. (A) An advanced practice nurse shall
practice as an advanced practice nurse only in accordance with
the standard care arrangement developed under section 4723.52 of
the Revised Code for the pilot program in which the nurse is
participating. An advanced practice nurse who does not follow
the standard care arrangement is guilty of unprofessional conduct
and is subject to disciplinary action under section 4723.28 of
the Revised Code for violation of this chapter and the rules
adopted under it.
(B) An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT:
(1) AN advanced practice nurse approved under section
4723.56 of the Revised Code shall prescribe drugs and therapeutic
devices specified in the protocol established between the nurse
and the collaborating physician only in accordance with the
protocol. An advanced practice nurse approved under FORMER section
4723.56 of the Revised Code shall personally supply drugs and therapeutic
devices in
accordance with section 4723.561 of the Revised Code. Any advanced practice
nurse who does not follow the
protocol or personally supply drugs and devices in accordance with section
4723.561
of the Revised Code is guilty of unprofessional conduct and is subject to
disciplinary action under section 4723.28 of the Revised Code for
violation of this chapter and the rules adopted under it.
(C)(2) Any collaborating physician who does not perform the
responsibilities the physician agreed to perform in the
protocol established between the physician and an advanced practice nurse in
accordance with section 4723.56 of the Revised Code is guilty of
unprofessional conduct and is subject to disciplinary action by
the state medical board. Under this division, the state medical
board may revoke, limit, or suspend the physician's certificate
to practice, pursuant to an adjudicatory hearing under Chapter
119. of the Revised Code and a vote of not less than six of its
members.
Sec. 4729.01. As used in this chapter:
(A) "Pharmacy," except when used in a context that refers to the
practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing
where
the practice of pharmacy is
conducted.
(B) "Practice of pharmacy" means 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;
(2) Compounding or dispensing drugs and dispensing drug therapy
related devices;
(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 United States
pharmacopoeia and national formulary, or any
supplement to them, intended for
use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or animals;
(2) Any other article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in
humans or animals;
(3) Any article, other than food, intended to affect the
structure or any function of the body of humans or
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.
(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.
(G) "Federal drug abuse control laws" has the same meaning
as in section 3719.01 of the Revised Code.
(H) "Prescription" means 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, issued
by a
licensed health
professional authorized to prescribe drugs.
(I) "Licensed health professional
authorized to prescribe drugs" or "prescriber" means
an individual who is authorized
by law
to prescribe drugs or
dangerous
drugs
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 UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT,
AN advanced practice nurse approved
under section
4723.56 of the Revised Code to prescribe drugs and therapeutic
devices;
(3) A CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST,
CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 of the Revised Code;
(4) An optometrist licensed under
Chapter 4725. of the
Revised
Code to practice optometry
under a therapeutic pharmaceutical agents certificate;
(4)(5) A physician authorized under
Chapter 4731. of the Revised
Code to practice medicine and
surgery, osteopathic medicine and surgery, or podiatry;
(5)(6) A veterinarian licensed under Chapter 4741. of the
Revised Code.
(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 who is engaged in the sale of
dangerous drugs at retail, or any person, other than a wholesale
distributor or a pharmacist, who has
possession, custody,
or control of dangerous drugs for any purpose other than for
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 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
section 3715.01 of the Revised Code.
(U) "Generically equivalent drug" has the same meaning as
in section 3715.01 of the Revised Code.
(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.
(W) "Food" has the same meaning as in section 3715.01
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 licensed health professional authorized to
prescribe drugs;
(b) An optometrist licensed under Chapter 4725. of the Revised Code who holds
a
topical ocular pharmaceutical agents certificate;
(c) A registered wholesale distributor of dangerous drugs;
(d) A manufacturer of dangerous drugs;
(e) A licensed terminal distributor of dangerous drugs,
subject to division (B)(2) of this section;
(f) Carriers or warehousers for the purpose of
carriage
or storage;
(g) Terminal or wholesale distributors of dangerous drugs
who are not engaged in the sale of dangerous drugs within this
state;
(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, or a person who possesses, or
possesses for sale
or sells, at retail, a dangerous drug in accordance with
Chapters 3719., 4715., 4723., 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 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. 4731.22. (A) The state medical board,
by an affirmative vote of not fewer than six of its members,
may revoke or may
refuse to grant a certificate to a person found by the board to
have committed fraud during the administration of the
examination for a certificate to practice or to have
committed fraud, misrepresentation, or deception in applying for
or securing any certificate to practice or certificate of
registration issued by the board.
(B) The board, by an affirmative
vote of not fewer than
six members, shall, to the extent permitted by law, limit,
revoke, or suspend an individual's certificate to
practice, refuse to register an individual, refuse
to
reinstate a certificate, or reprimand or place on
probation the
holder of a certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice or
certificate of
registration to be used by a person, group, or corporation when
the individual concerned is not actually directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing, prescribing, or
administering drugs for other than legal and legitimate therapeutic purposes
or
a plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for treatment in lieu of conviction
of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a professional
confidence" does not include the making of a report of an
employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse,
to the employer of the employee as described in division (B) of
section 2305.33 of the Revised Code.
Nothing in this division
affects the immunity from
civil liability conferred by that section upon a physician who
makes either type of report 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.
(5) Making a false, fraudulent,
deceptive, or misleading statement
in the solicitation of or advertising
for patients; in relation
to the practice of medicine and surgery, osteopathic medicine
and surgery, podiatry, or a limited branch of medicine;
or in securing or attempting to secure any certificate
to practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because of a failure to disclose material facts, is intended or
is likely to create false or unjustified expectations of
favorable results, or includes representations or implications
that in reasonable probability will cause an ordinarily prudent
person to misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal standards of care of similar practitioners under the same
or similar circumstances, whether or not actual injury to a
patient is established;
(7) Representing, with the purpose of obtaining
compensation or other advantage as personal gain or for
any other
person, that an incurable disease or injury, or other incurable
condition, can be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that constitutes a
misdemeanor
in this state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that constitutes a
misdemeanor
in this state, regardless of the jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Engaging in the division of fees
for referral of patients, or
the
receiving of a thing of value in return for a specific referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code, violation of
any provision of a code of ethics
of the American medical association, the American osteopathic
association, the American podiatric medical association, or any
other national professional organizations that
the board specifies by
rule. The state medical board shall
obtain and keep on file current copies of the codes of ethics of
the various national professional organizations. The
individual whose certificate is being suspended or
revoked
shall not be found to have violated any provision of a code of
ethics of an organization not appropriate to the
individual's profession.
For purposes of this division, a "provision of a code
of ethics of a national professional organization" does not
include any provision that would preclude the making of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report 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.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a possible violation, may compel any individual
authorized to practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination, physical
examination, including an HIV test, or both a mental
and a physical
examination. The expense of the
examination is the responsibility of the individual compelled to be
examined. Failure to submit to a mental or physical examination
or consent to an HIV test ordered by the board
constitutes an admission of the allegations against the
individual
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 an
individual unable to practice because of the reasons
set forth in
this division, the board shall require the individual
to submit to
care, counseling, or treatment by physicians approved or
designated by the board, as a condition for initial, continued,
reinstated, or renewed authority to practice. An
individual
affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this chapter accepts the privilege of
practicing in
this state and, by so doing, 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.
(20) Except when civil penalties are imposed under section 4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate, directly or indirectly, or assisting in or
abetting the violation of, or conspiring to violate, any
provisions of this chapter or any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by a physician of an employee's use of a drug of abuse, or
of a condition of an employee other than one involving the use of
a drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report 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.
(21) The violation of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the state agency
responsible for regulating the practice of medicine and surgery, osteopathic
medicine and surgery, podiatry, or the limited branches of medicine in
another state, for any reason other than the nonpayment of fees: the
limitation, revocation, or suspension of an individual's license
to practice; acceptance of an
individual's license surrender; denial of a license; refusal to
renew or reinstate
a license; imposition of probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or the performance or inducement of an abortion upon a pregnant
woman with actual knowledge that the conditions specified in
division (B) of section 2317.56 of the Revised Code have not been
satisfied or with a heedless indifference as to whether those
conditions have been satisfied, unless an affirmative defense as
specified in division (H)(2) of that section would apply in a
civil action authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or termination of clinical privileges by the United
States department of
defense or department of veterans
affairs or the termination or suspension of a certificate of
registration to prescribe drugs by the drug enforcement
administration of the United States department of
justice;
(25) Termination or suspension from participation in the medicare or
medicaid
programs by the department of health and human services or other
responsible agency for any act or acts that also would
constitute a violation of division (B)(2), (3), (6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice.
For the purposes of this division, any individual authorized to practice
by this chapter accepts
the privilege of
practicing in this state subject to supervision by the board. By
filing an application for or
holding a
certificate to practice under this chapter, an
individual shall
be deemed to have given consent to submit to a mental or
physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility
of testimony or examination reports that constitute privileged
communications.
If it has reason to believe that any individual authorized to practice by
this chapter or any applicant for
certification to practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both. The expense of the examination is the
responsibility of the individual
compelled to be examined. Any
mental or physical examination required under this division shall
be undertaken by a treatment provider or physician who is qualified to
conduct the examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered by the board constitutes an admission of the
allegations against the individual 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 determines that the
individual's ability to practice is impaired, the board shall
suspend the individual's certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated, or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired practitioner shall
demonstrate to the board the ability
to resume practice in
compliance with acceptable and prevailing standards of care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with the written consent agreement entered
into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of
annual written progress reports made under penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or 4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(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
the individual's services, otherwise would 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
individual;
(b) Advertising that the individual 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 the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(30) Failure UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT, FAILURE of a collaborating physician to perform
the responsibilities agreed to by the physician in the protocol
established between the physician and an advanced practice nurse
in accordance with section 4723.56 of the Revised Code;
(31) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by section 4731.143 of the Revised Code
prior to providing nonemergency professional services, or failure to maintain
that notice in the patient's file;
(32) Failure of a physician supervising a physician assistant to
maintain supervision in accordance with the requirements of Chapter
4730. of the Revised Code and the rules adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a standard care
arrangement with a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner with whom the physician or podiatrist is in
collaboration pursuant to section 4731.27 of the Revised Code and practice in
accordance with the arrangement;
(34) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(35) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to comply with a subpoena or order issued by the board
or failure to answer truthfully a question presented by the
board at a deposition or in written interrogatories, except that
failure to cooperate with an investigation shall not constitute
grounds for discipline under this section if a court of
competent jurisdiction has issued an order that either quashes a
subpoena or permits the individual to withhold the testimony or
evidence in issue.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board,
shall constitute the findings and order of the board with
respect to the matter addressed in the agreement. If the board
refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force
or effect.
(D) For purposes of divisions (B)(10), (12), and (14) of this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter 119. of the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the trial court renders a final judgment in the individual's favor and
that judgment is based upon an
adjudication on
the merits. The board has jurisdiction under those
divisions if the trial court issues an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under this section
or upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for treatment in
lieu of conviction, the board issued a notice of opportunity for
a hearing prior to the court's order to seal the records. The
board shall not be required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to show that a person has violated any provision of this
chapter or any rule adopted under it. Any person may report to the board
in a signed writing
any information that the person may have that appears to show a
violation of any provision of this chapter or any rule
adopted under it. In the absence of bad
faith, any person who reports information of that nature or who testifies
before the board in any adjudication conducted under
Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or
testimony. Each
complaint or allegation of a violation received by the
board shall be assigned a case number and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or any rule
adopted under it shall
be supervised by the supervising member elected by the board in
accordance with section 4731.02 of the Revised Code and by the
secretary as provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to
supervise the investigation in place of the supervising member. No member of
the board who supervises the investigation of a case
shall participate in further adjudication of the case.
(3) In investigating a possible violation of
this chapter or any rule adopted
under this chapter, the board
may administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and production
of books, accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued without
consultation with the attorney general's office and approval of
the secretary and supervising member
of the board. Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that the records
sought are relevant
to the alleged violation and material to the investigation.
The subpoena may apply only to records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board and after reasonable notice to the person
being subpoenaed, the board may move for an order compelling the
production of persons or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board. Service of a subpoena issued by the board may be
made by delivering a copy of the subpoena to the
person named therein, reading it to the person, or leaving it at
the person's usual place of residence. When the person being
served is a person whose practice is authorized by this chapter,
service of the subpoena may be made by certified mail,
restricted delivery, return receipt requested, and the subpoena
shall be deemed served on the date delivery is made or the date
the person refuses to accept delivery.
A sheriff's deputy who serves a subpoena shall receive the same fees as a
sheriff. Each witness who
appears before the board in
obedience to a subpoena shall receive the fees
and mileage provided for witnesses in civil cases in the courts
of common pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.251 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any civil
action.
The board shall conduct all investigations and proceedings
in a manner that protects the
confidentiality of patients and persons who file complaints with the
board. The
board shall not make public the names or any other identifying
information about patients or complainants unless proper consent is
given or, in the case of a patient, a
waiver of the patient privilege exists under division (B) of
section 2317.02 of the Revised Code, except that consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide physician-patient
relationship exists.
The board may
share any information it receives pursuant to an investigation, including
patient records and patient record
information, with other licensing boards and governmental agencies
that are investigating alleged professional misconduct and with law
enforcement agencies and other governmental
agencies that are investigating or prosecuting alleged criminal offenses. A
board or agency that receives the information shall comply with the same
requirements regarding confidentiality as those with which the state medical
board must comply, notwithstanding any conflicting provision
of the Revised Code or procedure
of the board or agency that applies when the board or agency is dealing with
other information in its possession. The information may
be admitted into evidence in a criminal trial in accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality is maintained with respect to any part of the information that
contains names or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure confidentiality
that may be taken by the court include sealing its records or deleting
specific information
from its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and shall be prepared in a manner that
protects the identity
of each person involved in each case. The report shall be a
public record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has violated division (B) of this section and that the
individual's continued practice presents a
danger of
immediate and serious harm to the public, they may recommend that
the board suspend the individual's
certificate to practice without a
prior hearing. Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding the secretary and
supervising member, may suspend a certificate without a prior
hearing. A telephone conference call may be utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by the court during pendency of any appeal filed under section
119.12 of the Revised Code. If the individual
subject to the summary suspension requests
an adjudicatory hearing by the board, the date set for the
hearing shall be within fifteen days, but not earlier than seven
days, after the individual
requests the hearing,
unless otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board shall issue its final adjudicative order within sixty days
after completion of its hearing. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.
(H) If the board takes action under division
(B)(9), (11), or (13) of this section and the judicial
finding of guilt, guilty plea, or judicial finding of
eligibility for treatment in lieu of conviction is overturned on appeal,
upon
exhaustion of the criminal appeal, a petition for reconsideration
of the order may be filed with the board along with appropriate
court documents. Upon receipt of a petition of that
nature and supporting court documents, the board shall reinstate the
individual's certificate to practice. The
board may then hold an adjudication under Chapter 119. of the Revised Code to
determine whether the individual
committed
the act in question. Notice of an opportunity for a hearing
shall be given in accordance with Chapter 119. of the Revised Code. If the
board finds, pursuant to an adjudication held under this division,
that the individual committed
the act or if
no hearing is requested, the board may order any of the sanctions
identified under division (B) of this section.
(I) The certificate to practice issued to an individual under
this chapter and the individual's practice in this
state are automatically suspended as of the date the individual pleads
guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial
finding of eligibility for treatment in lieu of conviction for
any of the following
criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued
practice after suspension shall be considered practicing
without a certificate.
The board shall notify the
individual subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an
individual whose certificate is suspended under this
division fails to make a timely request for an adjudication under
Chapter 119. of the Revised Code,
the board shall enter a final order permanently revoking the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised Code to give notice of an
opportunity for a hearing and if the individual subject to the notice
does not timely request a
hearing in accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by an affirmative vote of
not fewer than
six of its members, a final order that contains the board's
findings. In that final order, the board may order any of the
sanctions identified under division
(A) or (B) of this section.
(K) Any action taken by the board under division (B) of
this section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an applicant,
revokes an individual's
certificate to practice, refuses to register an applicant, or
refuses to reinstate an individual's certificate to practice,
the board may specify that its action is permanent. An
individual subject to a permanent action taken by the board is
forever thereafter ineligible to hold a certificate to practice
and the board shall not accept an application for reinstatement of the
certificate or for issuance of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code, all of the following apply:
(1) The surrender of a certificate issued under this
chapter shall not be effective
unless or until accepted by the board. Reinstatement of a
certificate surrendered to the board requires an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate
of registration in accordance with this chapter shall not remove or limit the
board's
jurisdiction to take any disciplinary action under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of this section against any person who
waives deductibles and copayments as follows:
(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. Documentation of
the consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board shall
develop and implement a quality intervention program designed to improve
through remedial
education the clinical and communication skills of individuals authorized
under this chapter to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In
developing and implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an educational
and assessment program pursuant to an investigation the
board conducts under this section;
(2) Select providers of educational and assessment services, including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service providers and
approve individual educational programs recommended by those providers. The
board shall monitor the progress of each individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of the
individual who completed the program or other
action that the board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the Revised Code to
further
implement the quality intervention program.
An individual who participates in an individual
educational program pursuant
to this division shall pay the financial obligations arising from that
educational program.
Section 2. That existing sections 2925.02, 2925.03, 2925.11,
2925.12, 2925.14, 2925.23, 2925.36, 3719.81, 4723.02, 4723.06, 4723.07,
4723.08, 4723.151, 4723.28, 4723.42, 4723.43, 4723.431,
4723.44, 4723.47, 4723.52, 4723.56, 4723.561, 4723.57, 4723.58, 4723.59,
4729.01, 4729.51, and 4731.22 of the
Revised Code are hereby repealed.
Section 3. That Section 3 of Am. Sub. H.B. 478 of the 119th General Assembly,
as most recently amended by Am. Sub. S.B. 154 of the 121st General Assembly,
be amended to read as follows:
"Sec. 3. Sections 4723.51, 4723.52, 4723.53, 4723.54, 4723.55, 4723.56,
4723.57, 4723.58, 4723.59, and 4723.60 of the Revised Code are hereby
repealed, effective January 1, 2010."
Section 4. That existing Section 3 of Am. Sub. H.B. 478 of the 119th General
Assembly, as most recently amended by Am. Sub. S.B. 154 of the 121st General
Assembly, is hereby repealed.
Section 5. Sections 4723.56, 4723.561, 4723.57, and 4723.58 of the Revised
Code are hereby repealed, effective two years after the effective date of this
act.
Section 6. Until two years after the effective date of this act, the Board of
Nursing shall issue a certificate under section
4723.48 of the Revised Code to prescribe drugs and therapeutic devices to a
nurse who holds approval to prescribe drugs and therapeutic devices granted
under section 4723.56 of the Revised Code and who meets all the
requirements listed in division (C) of section 4723.48 of the Revised Code,
other than the requirement that the nurse has successfully completed the
advanced pharmacology instruction required by division (A) of that section.
Section 7. The amendment of section 4723.52 of the Revised Code by this act
shall take effect two years after the effective date of this act.
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