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(125th General Assembly)
(Substitute House Bill Number 64)
AN ACT
To amend section 4729.51 of the Revised Code to allow the sale of oxygen to an individual who holds a valid certificate from a nationally recognized S.C.U.B.A. diving school.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 4729.51 of the Revised Code be amended to read as follows:
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
drug
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
distribution
distributors of dangerous
drug
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; (i) An individual who holds a valid certificate issued by a nationally recognized S.C.U.B.A. diving certifying organization approved by the pharmacy board in rule, but only with respect to medical oxygen that will be used for the purpose of emergency care or treatment at the scene of a diving emergency. (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. 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 XLVII 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.
Divisions (C)(1), (2), and (3) of this section do not apply to an individual who holds a valid certificate issued by a nationally recognized S.C.U.B.A. diving certifying organization approved by the pharmacy board in rule, but only to the extent that the individual possesses medical oxygen or personally supplies medical oxygen for the purpose of emergency care or treatment at the scene of a diving emergency. (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.
SECTION 2. That existing section 4729.51 of the Revised Code is hereby repealed.
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