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Sub. S. B. No. 154 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Senators Wachtmann, Armbruster, Goodman, Hottinger, Mumper, Padgett, Spada, Schuring
A BILLTo amend sections 1.64, 1751.01, 2305.113, 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.34, 4731.141, and 5903.12; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4730.11 (4730.12), 4730.12 (4730.14), and 4730.18 (4730.15); to enact new sections 4730.11, 4730.17, and 4730.18 and sections 4730.08, 4730.081, 4730.09, 4730.091, 4730.13, 4730.20, 4730.38, 4730.39, 4730.40, 4730.401, and 4730.41 to 4730.52; and to repeal sections 4730.15 and 4730.17 of the Revised Code to revise the laws regarding the practice of physician assistants, including the establishment of physician-delegated prescriptive authority, and to modify the authority of advanced practice nurses to furnish supplies of drugs to patients. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1.64, 1751.01, 2305.113, 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.34, 4731.141, and 5903.12 be amended; sections 4730.11 (4730.12), 4730.12 (4730.14), and 4730.18 (4730.15) be amended for the purpose of adopting new section numbers, as indicated in parentheses; and new sections 4730.11, 4730.17, and 4730.18 and sections 4730.08, 4730.081, 4730.09, 4730.091, 4730.13, 4730.20, 4730.38, 4730.39, 4730.40, 4730.401, 4730.41, 4730.42, 4730.43, 4730.44, 4730.45, 4730.46, 4730.47, 4730.48, 4730.49, 4730.50, 4730.51, and 4730.52 of the Revised Code be enacted to read as follows:
Sec. 1.64. As used in the Revised Code: (A)
"Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under Chapter 4723.
of the Revised Code
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. (B)
"Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under Chapter
4723. of the Revised Code 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. (C) "Clinical nurse specialist" means a registered nurse who
holds a valid certificate of authority issued under Chapter 4723.
of the Revised Code 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.
(D) "Physician assistant" means an individual who holds a
valid certificate of authority to practice issued under Chapter 4730. of the
Revised Code authorizing the individual to provide services as a
physician assistant to patients under the supervision, control, and
direction of one or more physicians.
Sec. 1751.01. As used in this chapter: (A) "Basic health care
services" means the following services when medically
necessary: (1) Physician's services, except when such services are
supplemental under division (B)
of this section; (2) Inpatient hospital services; (3) Outpatient medical services; (4) Emergency health services; (5) Urgent care services; (6) Diagnostic laboratory services and diagnostic and
therapeutic radiologic services; (7) Preventive health care services, including, but not
limited to, voluntary family planning services, infertility
services, periodic physical examinations, prenatal obstetrical
care, and well-child care. "Basic health care services" does not include experimental
procedures. A health insuring corporation shall not offer coverage for
a health care service, defined as a basic health care service by
this division, unless it offers coverage for all listed basic
health care services. However,
this requirement does not apply to the coverage of beneficiaries
enrolled in Title XVIII of the "Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, pursuant
to a medicare contract, or to the
coverage of beneficiaries enrolled in the federal employee
health benefits program pursuant to 5
U.S.C.A. 8905, or to the coverage of
beneficiaries enrolled in Title XIX of the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended,
known as the medical assistance program or medicaid, provided by
the department of job and family services
under
Chapter 5111. of the Revised Code, or to
the coverage of beneficiaries under any federal health care
program regulated by a federal regulatory body, or to the coverage
of beneficiaries under any
contract covering officers or employees of the state that has
been entered into by the department of
administrative services. (B) "Supplemental health
care services" means any health care services other than basic
health care services that a health insuring corporation may
offer, alone or in combination with either basic health care services or other
supplemental health care services, and includes: (1) Services of facilities for intermediate or long-term
care, or both; (2) Dental care services; (3) Vision care and optometric services including lenses
and frames; (4) Podiatric care or foot care services; (5) Mental health services including psychological
services; (6) Short-term outpatient evaluative and
crisis-intervention mental health services; (7) Medical or psychological treatment and referral
services for alcohol and drug abuse or addiction; (8) Home health services; (9) Prescription drug services; (11) Services of a dietitian licensed under
Chapter 4759. of the Revised Code; (12) Physical therapy services; (13) Chiropractic services; (14) Any other category of services approved by the
superintendent of insurance. (C) "Specialty health care services" means one of the
supplemental health care services listed in division
(B)(1) to (13) of this section, when provided by a health
insuring corporation on an outpatient-only basis and not in
combination with other supplemental health care services. (D) "Closed panel plan" means a health care plan that
requires enrollees to use participating providers. (E) "Compensation" means remuneration for the
provision of health care services, determined on other than a
fee-for-service or discounted-fee-for-service basis. (F) "Contractual
periodic prepayment" means the formula for
determining the premium rate for all subscribers of a health insuring
corporation. (G) "Corporation" means
a corporation formed under Chapter 1701. or 1702. of the
Revised
Code or the similar laws of another state. (H) "Emergency health
services" means those health care services that must be
available on a seven-days-per-week, twenty-four-hours-per-day
basis in order to prevent jeopardy to an enrollee's health
status that would occur if such services were not received as
soon as possible, and includes, where appropriate, provisions
for transportation and indemnity payments or service agreements
for out-of-area coverage. (I) "Enrollee" means any
natural person who is entitled to receive health care benefits
provided by a health insuring corporation. (J) "Evidence of
coverage" means any certificate, agreement, policy, or contract
issued to a subscriber that sets out the coverage and other
rights to which such person is entitled under a health care
plan. (K) "Health care
facility" means any facility, except a health care
practitioner's office, that provides preventive, diagnostic,
therapeutic, acute convalescent, rehabilitation, mental health,
mental retardation, intermediate care, or skilled nursing
services. (L) "Health care
services" means basic, supplemental, and specialty health
care services. (M) "Health delivery
network" means any group of providers or health care facilities,
or both, or any representative thereof, that have entered into an agreement to
offer health
care services in a panel rather than on an individual
basis. (N) "Health insuring
corporation" means a corporation, as defined in division (G) of this
section, that, pursuant to a policy, contract,
certificate, or agreement, pays for, reimburses, or provides,
delivers, arranges for, or otherwise makes available, basic
health care services, supplemental health care services, or
specialty health care services, or a combination of basic health
care services and either supplemental health care services or
specialty
health care services, through either an open panel plan or a closed panel
plan. "Health insuring
corporation" does not include a limited liability company formed
pursuant to Chapter 1705. of
the Revised
Code,
an insurer licensed under
Title
XXXIX of the
Revised
Code if that insurer offers
only open panel plans under which all providers and health care
facilities participating receive their compensation directly
from the insurer, a corporation formed by
or on behalf of a political subdivision or a department, office,
or institution of the state, or a public entity formed by or on behalf of
a board of county commissioners, a county
board of mental retardation and developmental disabilities,
an
alcohol and drug
addiction services board, a board of alcohol, drug addiction,
and mental health services, or a community mental health board,
as those terms are used in Chapters 340. and 5126. of the
Revised Code.
Except as provided by division (D)
of section 1751.02 of the
Revised
Code, or as
otherwise provided by law, no
board, commission,
agency, or other entity under the control of a political
subdivision may accept insurance risk in providing for health
care services. However, nothing in this division shall be
construed as prohibiting such entities from purchasing the
services of a health insuring corporation or a third-party
administrator licensed under Chapter 3959. of the Revised
Code. (O) "Intermediary
organization" means a health delivery network or other entity
that contracts with licensed health insuring corporations or self-insured
employers, or both, to
provide health care services, and that enters into
contractual arrangements with other entities for the provision
of health care services for the purpose of fulfilling the terms
of its contracts with the health insuring corporations and self-insured
employers. (P) "Intermediate care"
means residential care above the level of room and board for
patients who require personal assistance and health-related
services, but who do not require skilled nursing care. (Q) "Medical record"
means the personal information that relates to an individual's
physical or mental condition, medical history, or medical
treatment. (R)(1) "Open panel plan" means a health care plan that provides
incentives for enrollees to use participating providers and that also allows
enrollees to use providers that are not participating providers. (2) No health insuring corporation may offer an open
panel plan, unless the health insuring corporation is also
licensed as an insurer under Title XXXIX of the
Revised Code, the health insuring corporation, on June 4,
1997,
holds a certificate of authority or license to
operate under Chapter 1736. or 1740. of
the Revised Code, or an insurer licensed under
Title XXXIX of the Revised Code is
responsible for the out-of-network risk as evidenced by both an evidence of
coverage filing under section 1751.11
of the Revised Code and a policy and
certificate filing under section 3923.02 of the
Revised Code. (S) "Panel" means a group of providers or health care
facilities that have joined together to deliver health care
services through a contractual arrangement with a health
insuring corporation, employer group, or other payor. (T) "Person" has the same meaning as in section 1.59 of the
Revised Code, and, unless the context otherwise requires,
includes any insurance company holding a certificate of authority under
Title XXXIX of the Revised Code, any
subsidiary and affiliate of an insurance company, and any government
agency. (U) "Premium rate" means any set fee
regularly paid by a subscriber to a health insuring corporation. A "premium
rate" does not include a one-time membership fee, an annual
administrative fee, or a nominal access fee, paid to a managed
health care system under which the recipient of health care
services remains solely responsible for any charges accessed for
those services by the provider or health care facility. (V) "Primary care
provider" means a provider that is designated by a health
insuring corporation to supervise, coordinate, or provide
initial care or continuing care to an enrollee, and that may be
required by the health insuring corporation to initiate a
referral for specialty care and to maintain supervision of the
health care services rendered to the enrollee. (W) "Provider" means any
natural person or partnership of natural persons who are
licensed, certified, accredited, or otherwise authorized in this
state to furnish health care services, or any professional
association organized under Chapter 1785. of the Revised
Code, provided that nothing in
this chapter or other provisions of law shall be construed to
preclude a health insuring corporation, health care
practitioner, or organized health care group associated with a
health insuring corporation from employing certified nurse practitioners,
certified nurse anesthetists, clinical nurse specialists, certified nurse
midwives, dietitians, physicians' physician assistants, dental assistants, dental
hygienists, optometric technicians, or other allied health
personnel who are licensed, certified, accredited, or otherwise
authorized in this state to furnish health care services. (X) "Provider sponsored
organization" means a corporation, as defined in division
(G) of this section, that is at least eighty per cent owned or
controlled
by one or more hospitals, as defined in section 3727.01 of the
Revised Code, or one or more physicians licensed
to practice medicine or surgery or osteopathic medicine and
surgery under Chapter 4731. of the Revised
Code, or any combination of such physicians and
hospitals. Such control is presumed to exist if at least eighty per cent
of the voting rights or governance rights of a provider
sponsored organization are directly or indirectly owned,
controlled, or otherwise held by any combination of the
physicians and hospitals described in this division. (Y) "Solicitation document" means the written materials
provided
to prospective subscribers or enrollees, or both, and used for advertising and
marketing to induce enrollment in the health care plans of a
health insuring corporation. (Z) "Subscriber" means a
person who is responsible for making payments to a health
insuring corporation for participation in a health care plan, or
an enrollee whose employment or other status is the basis of
eligibility for enrollment in a health insuring corporation. (AA) "Urgent care
services" means those health care services that are
appropriately provided for an unforeseen condition of a kind
that usually requires medical attention without delay but that
does not pose a threat to the life, limb, or permanent health of
the injured or ill person,
and may include such health care services provided
out of the health insuring corporation's approved service area
pursuant to indemnity payments or service agreements.
Sec. 2305.113. (A) Except as otherwise provided in this
section, an action upon a medical, dental, optometric, or
chiropractic claim shall be commenced within one year after the
cause of action accrued. (B)(1) If prior to the expiration of the one-year period
specified in division (A) of this section, a claimant who
allegedly possesses a medical, dental, optometric, or chiropractic
claim gives to the person who is the subject of that claim written
notice that the claimant is considering bringing an action upon
that claim, that action may be commenced against the person
notified at any time within one hundred eighty days after the
notice is so given.
(2) An insurance company shall not consider the existence or
nonexistence of a written notice described in division (B)(1) of
this section in setting the liability insurance premium rates that
the company may charge the company's insured person who is
notified by that written notice.
(C) Except as to persons within the age of minority or of
unsound mind as provided by section 2305.16 of the Revised Code,
and except as provided in division (D) of this section,
both of
the following apply:
(1) No action upon a medical, dental, optometric, or
chiropractic claim shall be commenced more than four years after
the occurrence of the act or omission constituting the alleged
basis of the medical, dental, optometric, or chiropractic claim. (2) If an action upon a medical, dental, optometric, or
chiropractic claim is not commenced within four years after the
occurrence of the act or omission constituting the alleged basis
of the medical, dental, optometric, or chiropractic claim, then,
any action upon that
claim is barred.
(D)(1) If a person making a medical claim, dental claim,
optometric claim, or chiropractic claim, in the exercise of
reasonable care and diligence, could not have discovered the
injury resulting from the act or omission constituting the alleged
basis of the claim within three years after the occurrence of the
act or omission, but, in the exercise of reasonable care and
diligence, discovers the injury resulting from that act or
omission before the expiration of the four-year period specified
in division (C)(1) of this section, the person may commence an
action upon the claim not later than one year after the person
discovers the injury resulting from that act or omission. (2) If the alleged basis of a medical claim, dental claim,
optometric claim, or chiropractic claim is the occurrence of an
act or omission that involves a foreign object that is left in the
body of the person making the claim, the person may commence an
action upon the claim not later than one year after the person
discovered the foreign object or not later than one year after the
person, with reasonable care and diligence, should have discovered
the foreign object. (3) A person who commences an action upon a medical claim,
dental claim, optometric claim, or chiropractic claim under the
circumstances described in division (D)(1) or (2) of this section
has the affirmative burden of proving, by clear and convincing
evidence, that the person, with
reasonable care and diligence,
could not have discovered the
injury resulting from the act or
omission constituting the alleged
basis of the claim within the
three-year period
described in division (D)(1) of this
section or
within the one-year period described in division (D)(2) of this
section, whichever is
applicable.
(E) As used in this section:
(1) "Hospital" includes any person, corporation,
association, board, or authority that is responsible for the
operation of any hospital licensed or registered in the state,
including, but not limited to, those that are owned or operated by
the state, political subdivisions, any person, any corporation, or
any combination of the state, political subdivisions, persons, and
corporations. "Hospital" also includes any person, corporation,
association, board, entity, or authority that is responsible for
the operation of any clinic that employs a full-time staff of
physicians practicing in more than one recognized medical
specialty and rendering advice, diagnosis, care, and treatment to
individuals. "Hospital" does not include any hospital operated by
the government of the United States or any of its branches. (2) "Physician" means a person who is licensed to practice
medicine and surgery or osteopathic medicine and surgery by the
state medical board or a person who otherwise is authorized to
practice medicine and surgery or osteopathic medicine and surgery
in this state.
(3) "Medical claim" means any claim that is asserted in any
civil action against a physician, podiatrist, hospital, home, or
residential facility, against
any employee or agent of a
physician, podiatrist, hospital, home, or residential facility, or
against a licensed practical nurse, registered nurse, advanced
practice nurse, physical therapist, physician assistant, emergency
medical technician-basic, emergency medical
technician-intermediate, or emergency medical
technician-paramedic, and that arises
out of the medical
diagnosis, care, or treatment of any person.
"Medical claim"
includes the following: (a) Derivative claims for relief that arise
from the medical
diagnosis, care, or treatment of a person;
(b) Claims that arise out of the medical diagnosis, care, or
treatment of any person and to which either of the following
applies:
(i) The claim results from acts or omissions in providing
medical care.
(ii) The claim results from the hiring, training,
supervision, retention, or termination of caregivers providing
medical diagnosis, care, or treatment.
(c) Claims that arise out of the medical diagnosis, care,
or treatment of any person and that are brought under section
3721.17 of the Revised Code. (4) "Podiatrist" means any person who is licensed to practice
podiatric medicine and surgery by the state medical board.
(5) "Dentist" means any person who is licensed to practice
dentistry by the state dental board.
(6) "Dental claim" means any claim that is asserted in any
civil action against a dentist, or against any employee or agent
of a dentist, and that arises out of a dental operation or the
dental diagnosis, care, or treatment of any person. "Dental claim"
includes derivative claims for relief that arise from a dental
operation or the dental diagnosis, care, or treatment of a person. (7) "Derivative claims for relief" include, but are not
limited to, claims of a parent, guardian, custodian, or spouse of
an individual who was the subject of any medical diagnosis, care,
or treatment, dental diagnosis, care, or treatment, dental
operation, optometric diagnosis, care, or treatment, or
chiropractic diagnosis, care, or treatment, that arise from that
diagnosis, care, treatment, or operation, and that seek the
recovery of damages for any of the following: (a) Loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel,
instruction, training, or education, or any other intangible loss
that was sustained by the parent, guardian, custodian, or spouse;
(b) Expenditures of the parent, guardian, custodian, or
spouse for medical, dental, optometric, or chiropractic care or
treatment, for rehabilitation services, or for other care,
treatment, services, products, or accommodations provided to the
individual who was the subject of the medical diagnosis, care, or
treatment, the dental diagnosis, care, or treatment, the dental
operation, the optometric diagnosis, care, or treatment, or the
chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to
practice nursing as a registered nurse by the board of
nursing. (9) "Chiropractic claim" means any claim that is asserted in
any civil action against a chiropractor, or against any employee
or agent of a chiropractor, and that arises out of the
chiropractic diagnosis, care, or treatment of any person.
"Chiropractic claim" includes derivative claims for relief that
arise from the chiropractic diagnosis, care, or treatment of a
person.
(10) "Chiropractor" means any person who is licensed to
practice chiropractic by the state chiropractic board.
(11) "Optometric claim" means any claim that is asserted in
any civil action against an optometrist, or against any employee
or agent of an optometrist, and that arises out of the optometric
diagnosis, care, or treatment of any person. "Optometric claim"
includes derivative claims for relief that arise from the
optometric diagnosis, care, or treatment of a person. (12) "Optometrist" means any person licensed to practice
optometry by the state board of optometry. (13) "Physical therapist" means any person who is licensed to
practice physical therapy under Chapter 4755. of the Revised Code. (14) "Home" has the same meaning as in section 3721.10 of
the Revised Code.
(15) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code.
(16) "Advanced practice nurse" means any certified nurse
practitioner, clinical nurse specialist, certified registered
nurse anesthetist, or certified nurse-midwife who holds a certificate of authority issued by the
board of nursing under Chapter 4723. of the Revised Code. (17) "Licensed practical nurse" means any person who is
licensed to practice nursing as a licensed practical nurse by the
board of nursing pursuant to Chapter 4723. of the Revised
Code. (18) "Physician assistant" means any person who holds a
valid certificate of registration or temporary certificate of
registration to practice issued pursuant to Chapter 4730. of the Revised Code. (19) "Emergency medical technician-basic," "emergency
medical technician-intermediate," and "emergency medical
technician-paramedic" means any person who is certified under
Chapter 4765. of the Revised Code as an emergency medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic, whichever is applicable.
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., 4730., 4731., and 4741.
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
shall
suspend for not less than six months
nor
more than five years the
offender's
driver's or commercial
driver's license or permit. If an offender's driver's or
commercial driver's
license or permit is
suspended
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
suspension.
Upon
the filing of the
motion and the court's
finding
of good cause
for the termination,
the court may terminate
the
suspension. (3) If the offender is a professionally licensed person
, in
addition to any other sanction imposed for a violation of this
section, the court
immediately 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 court imposing sentence upon
the offender finds that the
offender as a result of the violation
is a major
drug offender and is guilty of a specification of the
type described in
section 2941.1410 of the Revised Code,
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 do any of the
following: (1) Sell or offer to sell a
controlled substance; (2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person. (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., 4730., 4731., and
4741. 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 equals or exceeds
the bulk amount but
is less than 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 equals or exceeds
five times the bulk
amount but is less than
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 equals or exceeds
fifty times the bulk amount but is less than 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 equals or 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, the offender is a major drug
offender,
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 equals or exceeds
the bulk amount but
is less than 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 equals or exceeds
five times the bulk
amount but is less than
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 equals or 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 equals or 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 equals or exceeds
two hundred grams
but is less than 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 equals or exceeds
one thousand grams
but is less than 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 equals or exceeds
five thousand grams
but is less than 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 equals or 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 equals or 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 equals or exceeds five grams but is
less than
ten grams of
cocaine
that is not crack cocaine or equals
or exceeds one gram
but is less than 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 equals or exceeds ten grams but is
less than
one hundred grams
of cocaine that is not crack cocaine
or
equals or exceeds five grams but is less than 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 equals or exceeds one hundred grams
but is less
than five
hundred grams of cocaine that is not crack
cocaine or equals or exceeds ten grams
but is less than
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 equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or equals or
exceeds twenty-five grams
but is less than 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 equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals 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, the offender is a major drug
offender,
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 equals or exceeds
ten unit doses but
is less than fifty unit doses
of L.S.D. in a solid form or equals
or exceeds one gram
but is less than 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 equals or exceeds
fifty unit doses but
is less than two hundred
fifty unit doses
of L.S.D. in a solid
form or equals or exceeds five grams
but is less than 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 equals or exceeds
two hundred fifty
unit doses but is less than
one thousand
unit doses
of L.S.D. in a
solid form or equals or exceeds twenty-five
grams but
is less than
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 equals or exceeds
one
thousand unit doses but is less than five
thousand unit
doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than 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 equals or exceeds
five thousand unit doses
of L.S.D. in a solid form or equals 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, the offender is a major drug
offender, 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 equals or exceeds ten unit doses but
is less than
fifty unit doses or equals or exceeds
one gram but is
less than 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 equals or exceeds fifty unit doses but
is less than
one hundred unit doses or equals or exceeds five
grams but is less than 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 equals or exceeds one hundred unit
doses but is less
than five hundred unit doses or equals or
exceeds
ten grams but is less than 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 equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than 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 equals or exceeds two
thousand five
hundred unit doses or equals or 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, the
offender is a major drug offender,
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 equals or exceeds ten grams but is
less than
fifty grams of
hashish in a solid form or equals or
exceeds two grams but is less
than 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 equals or exceeds fifty grams but is
less
than two hundred fifty
grams of hashish in a solid form or
equals or exceeds ten grams but
is less than
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 equals or exceeds two hundred fifty
grams but
is less than one
thousand grams of hashish in a solid
form or equals or exceeds fifty
grams but is less than 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 equals or exceeds
one thousand grams
of hashish in a solid form or equals 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
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
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
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,
the
court
immediately 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
or
any other provision of this chapter, 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 pleads guilty to
any
violation of this section
or
any other specified
provision of this chapter. If an offender's
driver's or
commercial driver's license or permit is
suspended
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
suspension; upon
the filing of such
a motion
and the court's finding of good cause
for the
termination, the
court may terminate the
suspension. (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
2929.18 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., 4730., 4731.,
and 4741. 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. (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 equals or exceeds
the
bulk amount but is less than 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 equals or exceeds
five times the bulk amount but is less than
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 equals or exceeds
fifty times
the bulk amount
but is less than 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 equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
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
under a community
control sanction, as defined in section 2929.01 of the Revised
Code, that requires the offender to perform supervised community
service work pursuant to
division
(B) of section 2951.02 of the
Revised
Code. (b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than 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 equals or exceeds
five times the bulk amount but is less than
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 equals or 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 is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree. (c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than 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 equals or exceeds
one
thousand grams but is less than 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 equals or exceeds
five thousand grams but is less than 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 equals or 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 equals or exceeds
five grams but is less than twenty-five grams of
cocaine that is
not crack
cocaine or equals or exceeds one gram but is less than
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 equals or exceeds
twenty-five grams but is less than one hundred
grams
of cocaine
that is not crack cocaine or equals or
exceeds five grams but is
less than 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 equals or exceeds
one
hundred grams but is less than five hundred
grams
of cocaine that
is not crack cocaine or equals or
exceeds ten grams but is less
than 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 equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or
equals or exceeds twenty-five grams
but
is less than 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 equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine, possession of cocaine
is a felony of
the first degree, the offender is a major drug
offender, 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 equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than 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 equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than 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 equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than 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 equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than 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 equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals 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, the offender is a major drug
offender,
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 equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than 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 equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than 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 equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than 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 equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than 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 equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, 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 is less than ten grams of hashish
in a solid form
or equals
or exceeds one gram but is less than 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 equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than 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 equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than 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 equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
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 equals or exceeds
one
thousand grams of hashish in a solid form or equals 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
or jail term authorized
or
required by
division (C) of this section and sections
2929.13, 2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in
addition to any other sanction that is
imposed for the
offense
under this section, sections 2929.11 to
2929.18, or
sections 2929.21 to 2929.28 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
offender's driver's or commercial
driver's license
or permit. (3) If the offender is a professionally licensed person, in
addition to any other sanction imposed
for
a violation of this
section, the court
immediately
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., 4730., 4731., and
4741. 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
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years the
offender's driver's or
commercial
driver's license or permit. If
the
offender is a professionally
licensed person, in addition
to
any other sanction imposed for a
violation of this section,
the
court
immediately 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)
Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine or any salt, isomer, or salt of an isomer of
methamphetamine;
(4) An isomerization device for increasing the potency of
any species of a plant that is a controlled substance; (5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance; (6) A scale or balance for weighing or measuring a
controlled substance; (7) A diluent or adulterant, such as quinine
hydrochloride,
mannitol, mannite, dextrose, or lactose, for
cutting a controlled
substance; (8) A separation gin or sifter for removing twigs and
seeds
from, or otherwise cleaning or refining, marihuana; (9) A blender, bowl, container, spoon, or mixing device
for
compounding a controlled substance; (10) A capsule, balloon, envelope, or container for
packaging small quantities of a controlled substance; (11) A container or device for storing or concealing a
controlled substance; (12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human
body; (13) 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
any equipment, product, or
material
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
equipment, product, or material, concerning its use; (2) The proximity in time or space of the
equipment,
product, or material, or of
the act relating to the
equipment,
product, or material, to a violation of any provision
of this
chapter; (3) The proximity of the
equipment, product, or
material to
any controlled substance; (4) The existence of any residue of a controlled substance
on the
equipment, product, or material; (5) Direct or circumstantial evidence of the intent of the
owner, or of
anyone in control, of the
equipment, product,
or
material, to deliver it to any person whom the owner
or person
in
control of the
equipment, product, or material 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
equipment, product, or material, is not
guilty of a
violation of
any other provision of this chapter does
not
prevent a finding
that the
equipment, product, or
material was intended or designed
by the
offender for use as drug
paraphernalia. (6) Any oral or written instruction provided with the
equipment, product, or material concerning its use; (7) Any descriptive material accompanying the
equipment,
product, or material and
explaining or depicting its
use; (8) National or local advertising concerning the use of
the
equipment, product, or material; (9) The manner and circumstances in which the
equipment,
product, or material is
displayed for sale; (10) Direct or circumstantial evidence of the ratio of the
sales of the
equipment, product, or material to the total
sales
of the business
enterprise; (11) The existence and scope of legitimate uses of the
equipment, product, or material in the community; (12) Expert testimony concerning the use of the
equipment,
product, or material. (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., 4730., 4731., and
4741. 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
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years the
offender's driver's or
commercial
driver's license or permit. If
the
offender is a professionally
licensed person, in addition
to
any other sanction imposed for a
violation of this section, the
court
immediately 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 any of the following that is a false or forged: (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: (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., 4730.,
4731., and 4741. of the Revised Code. (F) Whoever violates this section is guilty of illegal
processing of drug documents.
If the offender violates division
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of
this
section, illegal processing of drug documents is a felony of the
fifth
degree. If the offender violates
division (A), division
(B)(1) or (3), division
(C)(1) or (3), or division (D) of this
section, the
penalty for illegal processing of drug documents
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
offender's driver's or
commercial
driver's license
or permit.
(2) If the offender is a professionally licensed person, in
addition to any other sanction imposed for
a violation of this
section, the court
immediately 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,
licensed
health professionals authorized to prescribe drugs, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., 4730., 4731., and 4741. 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
offender's driver's or
commercial
driver's license
or permit.
(2) If the offender is a professionally licensed person, in
addition
to any other sanction imposed for a violation of this
section,
the court
immediately 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 court
imposing sentence upon the offender
finds that the offender as
a result of the violation is a major
drug offender and is guilty of
a specification of the type
described in section 2941.1410 of the Revised Code, 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. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code. (B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following: (1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery; (2) A
physician assistant, a; (3) A
certified nurse practitioner, a; (4) A
clinical
nurse specialist, or a; (5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination. Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section. (C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district. (D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
shall drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows: (1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent, or a
person
designated by the superintendent,
of
the school district
for
which
the person drives a school
bus or
motor van as an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract. (2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor. (E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 3331.02. (A) The superintendent of schools
or the chief
administrative officer, as appropriate pursuant to section 3331.01
of the Revised Code, shall not
issue an age and schooling
certificate until
the
superintendent or chief administrative
officer has received, examined, approved, and filed the following
papers duly executed: (1) The written pledge or promise of the person,
partnership, or corporation to legally employ the child, and for
this purpose work performed by a minor, directly and exclusively
for the benefit of such minor's parent, in the farm home or on
the
farm of such parent is legal employment, irrespective of any
contract of employment, or the absence thereof, to permit
the
child to attend school as provided in section 3321.08 of the
Revised Code,
and
give notice of the nonuse
of an age and
schooling certificate within
five days
from the date of the
child's withdrawal or
dismissal from the
service of that person,
partnership, or
corporation, giving the
reasons for such
withdrawal or dismissal; (2) The
child's school record or
notification. As used in
this division, a "school record" means documents properly filled
out
and signed by the
person in charge of the school which the
child
last attended,
giving the recorded age of the child,
the
child's address,
standing in studies, rating in conduct, and
attendance in
days
during the school year of
the child's last
attendance;
"notification" means the information submitted to
the
superintendent by the parent of a child excused from
attendance at
school pursuant to division (A)(2) of section
3321.04 of the
Revised Code, as the notification is required by rules
adopted by
the department of education. (3) Evidence of the age of the child as follows: (a) A certified copy of an original birth record or a
certification of birth, issued in accordance with Chapter 3705.
of
the Revised Code, or by an officer charged with the duty of
recording births in another state or country, shall be conclusive
evidence of the age of the child; (b) In the absence of such birth record or certification
of
birth, a passport, or duly attested transcript thereof,
showing
the date and place of birth of the child, filed with a
register of
passports at a port of entry of the United States; or
an attested
transcript of the certificate of birth or baptism or
other
religious record, showing the date and place of birth of
the
child, shall be conclusive evidence of the age of the child; (c) In case none of the above proofs of age can be
produced,
other documentary evidence, except the affidavit of the
parent,
guardian, or custodian, satisfactory to the
superintendent
or
chief administrative officer may be accepted in lieu thereof; (d) In case no documentary proof of age can be procured,
the
superintendent
or chief administrative officer may receive and
file an application signed by
the parent, guardian, or custodian
of the child that a
medical certificate be secured to
establish
the sufficiency
of the age of the child, which
application shall
state the
alleged age of the child, the place
and date of birth,
the
child's present residence, and such
further facts as may be of
assistance
in determining the age of
the child, and shall certify
that the
person signing the
application is unable to obtain any of
the
documentary proofs
specified in divisions
(A)(3)(a),
(b), and
(c)
of
this section;
and if the superintendent
or chief
administrative
officer is
satisfied that a
reasonable effort to
procure such
documentary
proof has been
without success such
application shall
be granted
and the
certificate of the school
physician or if there
be none,
of a
physician, a physician
assistant, a clinical nurse
specialist, or a certified nurse
practitioner employed by the
board of education, that
said
physician, physician assistant,
clinical nurse
specialist, or
certified nurse
practitioner
is
satisfied that the
child is above
the age
required
for an age
and
schooling
certificate as stated in
section
3331.01
of the
Revised
Code,
shall be accepted as
sufficient
evidence of
age; (4) A certificate, including an athletic certificate of
examination, from
a physician
licensed pursuant to
Chapter 4731.
of the Revised Code, a physician
assistant licensed pursuant
to
Chapter 4730. of the Revised Code, a physician assistant, a
clinical nurse specialist,
or a certified nurse practitioner,
or
from the district health
commissioner,
showing
after a thorough
examination that the child
is physically
fit to
be employed in
such occupations as are not
prohibited by
law for a
boy or girl,
as the case may be, under
eighteen years of age; but
a
certificate
with "limited" written,
printed,
marked, or stamped
thereon may
be furnished by such
physician, physician assistant, clinical
nurse specialist, or
certified nurse practitioner and accepted by
the
superintendent
or
chief administrative officer in issuing a
"limited" age and
schooling certificate provided in section
3331.06 of the Revised
Code, showing that the child is physically
fit to be employed in
some particular occupation not prohibited
by
law for a boy or girl
of such child's age, as the case may be,
even if the child's
complete physical ability to engage in such
occupation cannot be
vouched for.
(B)(1) Except as provided in division (B)(2) of this
section, a physical fitness certificate described in division
(A)(4) of this section is valid for purposes of that division
while the child remains employed in job duties of a similar nature
as the job duties for which the child last was issued an age and
schooling certificate. The superintendent or chief administrative
officer who issues an age and schooling certificate shall
determine whether job duties are similar for purposes of this
division. (2) A "limited" physical fitness certificate described in
division (A)(4) of this section is valid for one year. (C) The superintendent of schools or the chief
administrative officer shall require a child who resides out of
this state to file all the information required under division (A)
of this section. The superintendent of schools or the chief
administrative officer shall evaluate the information filed and
determine whether to issue the age and schooling certificate using
the same standards as those the superintendent or officer uses for
in-state children.
Sec. 3719.06. (A)(1) A licensed health professional authorized to
prescribe drugs, if acting in the course of
professional practice, in accordance with the laws regulating the
professional's practice, and in accordance with rules adopted by the state
board of pharmacy, may, except as provided in division
(A)(2) or (3) of this section, do the following: (a) Prescribe schedule II, III, IV, and
V controlled substances; (b) Administer or personally furnish to
patients schedule II, III,
IV, and V controlled substances; (c) Cause schedule II, III, IV, and
V
controlled substances
to be administered under the prescriber's
direction and supervision. (2) A licensed health professional authorized to
prescribe drugs who
is a clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner
is subject to both of the following: (a) A schedule II controlled substance may be prescribed
only for
a patient with a terminal condition, as defined in section 2133.01 of the
Revised Code, only if the nurse's collaborating physician
initially prescribed the substance for the patient, and only in an
amount
that does not exceed the amount necessary for the patient's use in a
single, twenty-four-hour period. (b) No schedule II controlled substance shall be personally furnished to any
patient. (3) A licensed health professional authorized to prescribe drugs who is a physician assistant shall not prescribe or personally furnish to patients any controlled substance that is not included in the physician-delegated prescriptive authority granted to the physician assistant in accordance with Chapter 4730. of the Revised Code. (B) No licensed health professional
authorized to prescribe drugs shall prescribe,
administer, or personally furnish a schedule III anabolic
steroid for the purpose of
human muscle building or enhancing human athletic performance
and no pharmacist shall dispense a schedule III anabolic steroid
for either purpose, unless it has been approved for that purpose
under the "Federal
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.
301, as amended. (C) Each written prescription shall be properly
executed, dated, and signed by the prescriber on the
day when issued and shall bear the full name and address of the person for
whom, or the owner of the animal for which, the
controlled
substance is prescribed and the full name,
address, and registry number under the federal drug abuse control
laws of the prescriber. If the
prescription is for an animal, it
shall state the species
of the animal for which the controlled substance is prescribed.
Sec. 3719.81. (A) As used in this section, "sample drug" has the same meaning as in section 2925.01 of the Revised Code.
(B) A person may furnish another a sample
drug, if all of
the following apply: (1) The sample drug is furnished free of charge by a manufacturer,
manufacturer's representative, or wholesale dealer in
pharmaceuticals to a licensed health professional
authorized to prescribe drugs, or is furnished free of charge by such a
professional to a patient for use as medication; (2) The sample 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 sample drug has been
stored under the proper conditions to prevent its deterioration
or contamination; (4) If the sample drug is of a type which deteriorates with time,
the sample container is plainly marked with the date beyond which
the sample drug 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 sample drug is distributed, stored, or discarded in such
a way that the sample drug 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. (C) Division (B) 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
a licensed health professional authorized to prescribe drugs who is a clinical
nurse
specialist, certified nurse-midwife, or certified nurse practitioner
to furnish a
sample drug that is not a drug the nurse is
authorized to prescribe; (3) Authorize an, optometrist, or physician assistant to furnish a sample
drug that is not a drug the optometrist professional is authorized to prescribe.
(4)(3) Prohibit a licensed health professional authorized to prescribe drugs, manufacturer of dangerous drugs, wholesale distributor of dangerous drugs, or representative of a manufacturer of dangerous drugs from furnishing a sample drug to a charitable pharmacy in accordance with section 3719.811 of the Revised Code.
(5)(4) Prohibit a pharmacist working, whether or not for compensation, in a charitable pharmacy from dispensing a sample drug to a person in accordance with section 3719.811 of the Revised Code. (D) 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. 4723.481. Under a certificate to prescribe issued under
section 4723.48 of the Revised Code, a clinical nurse
specialist,
certified nurse-midwife, or certified nurse practitioner is subject to all of
the following: (A) The nurse shall not prescribe any drug or therapeutic
device
that is not included in the types of drugs and devices listed on the formulary
established in
rules adopted under section 4723.50 of the Revised Code. (B) The nurse's prescriptive authority shall not exceed the
prescriptive authority of the collaborating physician or podiatrist. (C) The nurse may prescribe a schedule II controlled
substance
as specified in division (A)(2) of section 3719.06 of the
Revised
Code, but shall not prescribe a schedule II controlled
substance in collaboration with a podiatrist. (D) The nurse may personally furnish to a patient a sample of
any drug or therapeutic device included in the types of drugs and devices
listed on the formulary,
subject to all of the following: (1) The amount of the sample furnished shall not exceed a
seventy-two-hour supply, except when the minimum available quantity of the
sample is packaged in an
amount that is greater than a seventy-two-hour supply, in which case
the nurse may furnish the sample in the packaged amount. (2) No charge may be imposed for the sample or for furnishing
it. (3) Samples of controlled substances may not be personally
furnished. (E) The nurse may personally furnish to a patient a complete
or
partial supply of a drug or therapeutic device included in the types of drugs
and devices listed
on the formulary, subject to all of the following: (1) The nurse shall personally furnish only antibiotics,
antifungals, scabicides, contraceptives, and prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia. (2) The nurse shall not furnish the drugs and devices in
locations other than a health department operated by the board of
health of a city or general health district or the authority
having the duties of a board of health under section 3709.05 of
the Revised Code, a federally funded comprehensive primary
care
clinic, or a nonprofit health care clinic or program. (3) The nurse shall comply with all safety standards for
personally furnishing supplies of drugs and devices, as established
in rules adopted under section 4723.50 of the Revised Code.
Sec. 4723.50. (A) In accordance with Chapter 119. of
the Revised Code, the board of nursing shall adopt
rules as necessary to implement the provisions of this chapter pertaining to
the authority of clinical nurse
specialists, certified nurse-midwives, and certified nurse practitioners
to prescribe drugs and therapeutic devices and the issuance and renewal of
certificates to prescribe. Initial rules
shall be adopted not later than twenty months after the effective date of
this section. The board shall adopt rules that are consistent with
the recommendations the board receives from the committee on prescriptive
governance pursuant to section 4723.492 of the Revised Code. After reviewing
a recommendation submitted by the committee, the board may either adopt the
recommendation as a rule or ask the committee to reconsider and resubmit the
recommendation. The board shall not adopt any rule that does not conform to a
recommendation made by the committee. (B) The board shall adopt rules under this section that do the
following: (1) Establish a formulary
listing the types of drugs and therapeutic devices that may be
prescribed by a clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner.
The formulary may include
controlled substances, as defined in section 3719.01 of the
Revised Code. The formulary shall not
permit the prescribing of any drug or device to perform or induce an
abortion. (2) Establish safety standards to be followed by a nurse when personally
furnishing to patients complete or partial supplies of antibiotics,
antifungals, scabicides, contraceptives, and prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia. (3) Establish criteria for the components of the standard care
arrangements described in section
4723.431 of the Revised Code that apply to a nurse's
authority to prescribe. The rules shall be
consistent with that section and include all of the following: (a) Quality assurance standards; (b) Standards for periodic review by a collaborating
physician or podiatrist of the records of patients treated by the nurse; (c) Acceptable travel time between the location at which the
nurse is engaging in the prescribing components of the nurse's practice and
the
location of
the nurse's collaborating physician or podiatrist; (d) Any other criteria recommended by the
committee on prescriptive governance. (4) Establish standards and procedures for issuance and renewal of a
certificate to prescribe, including specification of any additional
information the board may require under division
(A)(4) of section 4723.482 or division (B)(3) of section
4723.484 of the Revised Code; (5) Establish requirements for board approval of the
instruction in advanced pharmacology and related topics required by
section 4723.482 of the Revised Code; (6) Establish standards and procedures for the appropriate conduct of an
externship required by division (B)(1) of
section 4723.484 of the Revised Code, including
the following: (a) Standards and procedures to be used in evaluating a nurse's
participation
in an externship. Regardless of the method of evaluation used, a nurse shall
not be required to participate in an externship longer than one thousand eight
hundred hours. (b) Standards and procedures for the supervision that a physician
must
provide during an externship, including supervision provided by
working with the nurse and
supervision provided by making timely reviews of the records of
patients treated by the nurse. The manner in which supervision
must be provided
may vary according to the location where the nurse is
practicing and with the nurse's level of experience.
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) Dispensing drugs and drug therapy related devices; (4) 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; (5) Performing drug regimen reviews with individuals by discussing all of the drugs that the individual is taking and explaining the interactions of the drugs; (6) 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; (7) Advising an individual and the health care professionals treating an individual with regard to the individual's drug therapy; (8) 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; (9) Administering the adult immunizations specified in section 4729.41 of the Revised Code, if the pharmacist has met the requirements of that section. (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 orders for drugs pursuant to prescriptions, based on routine, regularly observed dispensing patterns; (5) Pursuant to a request made by a licensed health professional authorized to prescribe drugs for a drug that is to be used by the professional for the purpose of direct administration to patients in the course of the professional's practice, if all of the following apply: (a) At the time the request is made, the drug is not commercially available regardless of the reason that the drug is not available, including the absence of a manufacturer for the drug or the lack of a readily available supply of the drug from a manufacturer. (b) A limited quantity of the drug is compounded and provided to the professional. (c) The drug is compounded and provided to the professional as an occasional exception to the normal practice of dispensing drugs pursuant to patient-specific prescriptions. (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. (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 (E)(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) A 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; (3) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry under a therapeutic pharmaceutical agents certificate; (4) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry; (5) A physician assistant who holds a certificate to prescribe issued under Chapter 4730. of the Revised Code; (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. (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; (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., 4730., 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.
Sec. 4730.01. As used in this chapter: (A) "Physician assistant" means a skilled person
qualified by academic and clinical training to provide services
to patients as a physician assistant under the supervision, control, and
direction of one or more physicians who are responsible for
the physician assistant's performance. (B) "Physician" means an individual who is authorized under Chapter 4731. of
the Revised Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry podiatric medicine and surgery.
(C) "Health care facility" means any of the following:
(1) A hospital registered with the department of health under section 3701.07 of the Revised Code;
(2) A health care facility licensed by the department of health under section 3702.30 of the Revised Code; (3) Any other facility designated by the state medical board in rules adopted pursuant to division (B)(2) of section 4730.08 of the Revised Code.
(D) "Special services" means the health care services that a physician assistant may be authorized to provide under the special services portion of a physician supervisory plan approved under section 4730.17 of the Revised Code.
Sec. 4730.02. (A) No person shall hold
himself or herself that person out as being able to
function as a physician assistant, or use any words
or letters indicating or
implying that the person is a physician
assistant, without a
current, valid
certificate of registration or temporary certificate of registration to practice as
a physician assistant issued pursuant to this chapter. (B) No person shall practice as a physician assistant
without the supervision, control, and direction of a physician. (C) No physician person shall act as the supervising physician of a
physician
assistant without having received the state medical board's approval of a
physician assistant utilization plan and approval of a supervision agreement
entered into with the physician assistant. (D) No person shall practice as a physician assistant without
having
entered into a supervision agreement that has been approved by the state
medical board. (E) No person acting as the supervising physician of a physician assistant shall authorize a the physician assistant to perform
services
as a physician assistant in a manner that if either of the following is the case: (1) The services are not within the physician's normal course of practice and expertise; (2) The services are inconsistent with the standard or
supplemental physician assistant utilization supervisory plan under approved by the state medical board for the supervising physician or the policies of the health care facility in which that the physician and physician
assistant practices are practicing. (F) No person shall practice as a physician assistant in a manner
that is
inconsistent with the standard or supplemental physician assistant utilization supervisory
plan approved for the physician who is responsible for supervising the
physician assistant or the policies of the health care facility in which the physician assistant is practicing. (G) No person practicing as a physician assistant shall prescribe any drug or device to perform or induce an abortion, or otherwise perform or induce an abortion. (H) No physician assistant may person shall advertise to provide services as a physician assistant, except
for the purpose
of seeking employment. (H)(I) No person practicing as a physician assistant
shall fail to wear at all times when on duty a
placard, plate, or other device identifying himself or herself that person as a
"physician assistant."
Sec. 4730.03. Nothing in this chapter shall: (A) Be construed to affect or interfere with the
performance of duties of any medical personnel in active service
in the army, navy, coast guard, marine corps, air force, public
health service, or marine hospital service of the United States
while so serving; (B) Prevent any person from
performing any of the services a physician assistant may be
authorized to perform, if the person's professional scope of
practice established under any
other chapter of the Revised Code authorizes the person to perform the
services; (C) Prohibit a physician from delegating responsibilities
to any nurse or other qualified person who does not registered hold a certificate to practice as a
physician assistant, provided such an that the individual does not
hold himself or herself the individual out to be a physician assistant; (D) Be construed as authorizing a
physician assistant independently to
order or direct the execution of procedures or techniques by a
registered nurse or licensed practical nurse in the care and
treatment of a person in any setting, except to the extent that the physician assistant is authorized to do so by the physician supervisory plan approved under section 4730.17 of the Revised Code for the physician who is responsible for supervising the physician assistant or the policies of the health care facility in which the physician assistant is practicing; (E) Authorize a physician assistant to administer, monitor, or maintain
an anesthetic, except for the administration of a regional anesthetic, such
as a "digital block," that is administered in connection with the care and
suturing of minor lacerations; (F) Authorize a physician assistant to engage in
the practice of optometry, except to the extent that the
physician assistant is authorized by a supervising physician
through a physician assistant utilization plan approved by the
state medical board under section 4730.18 of the
Revised Code acting in accordance with this chapter to perform routine visual
screening, provide medical care prior to or following eye
surgery, or assist in the care of diseases of the eye;
(F) Be construed as authorizing a physician assistant to prescribe any drug or device to perform or induce an abortion, or as otherwise authorizing a physician assistant to perform or induce an abortion.
Sec. 4730.05. (A) There is hereby created the
physician assistant policy committee
of the state medical board,
consisting. The president of the board shall appoint the members of the committee. The committee shall consist of the seven members to be appointed by the president of the
board. Three specified in divisions (A)(1) to (3) of this section. When the committee is developing or revising policy and procedures for physician-delegated prescriptive authority for physician assistants, the committee shall include the two additional members specified in division (A)(4) of this section. (1) Three members of the
committee shall be physicians. Of the physician members, one
shall be a member of the state medical board, one shall be
appointed from a list of
five physicians recommended by the Ohio state medical
association, and one shall be appointed from a list of five
physicians
recommended by the Ohio osteopathic association. At all times, the
physician membership of the committee shall include at least one physician who
is a supervising physician of a
physician assistant, preferably with at least two
years' experience as a supervising physician. Three (2) Three members
shall be
physician assistants appointed from a list
of five individuals recommended by the Ohio association of
physician assistants. One (3) One member, who is not
affiliated with any health care profession, shall be
appointed to represent the interests of consumers. (4) The two additional members, appointed to serve only when the committee is developing or revising policy and procedures for physician-delegated prescriptive authority for physician assistants, shall be pharmacists. Of these members, one shall be appointed from a list of five clinical pharmacists recommended by the Ohio pharmacists association and one shall be appointed from the pharmacist members of the state board of pharmacy, preferably from among the members who are clinical pharmacists.
The pharmacist members shall have voting privileges only for purposes of developing or revising policy and procedures for physician-delegated prescriptive authority for physician assistants. Presence of the pharmacist members shall not be required for the transaction of any other business. (B) Terms of office shall be for two years, with each term
ending on
the same day of the same month as did the term
that it succeeds. Each member shall hold office from the date of
being appointed until the end of the term for which the member was appointed.
Members may
be reappointed, except that a member may not be appointed to serve more than
three consecutive terms. As vacancies occur,
a successor shall be appointed who has the qualifications the
vacancy requires. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which a
predecessor was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office
subsequent to the
expiration date of the member's term until a successor
takes office or
until a period of sixty days has elapsed, whichever occurs first. (C) Each member of the committee shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code
for each day employed in the discharge of official duties as a
member,
and shall also receive necessary and actual expenses incurred
in the performance of official duties as a member. (D) The committee members specified in divisions (A)(1) to (3) of this section by a majority vote shall elect a chairperson by a majority vote
of the committee from among those members. The committee members may elect a new
chairperson at any time. (E) The state medical board may appoint
assistants, clerical staff, or other employees as necessary for the committee
to perform its duties adequately. (F) The committee shall meet at least four
times a year and at such other times as may be necessary to carry
out its responsibilities.
Sec. 4730.06. (A) The physician assistant policy committee of
the state medical board shall review, and may shall submit to the board recommendations to the
board concerning, all of the following: (1) Education and registration requirements Requirements for issuance of certificates to practice as a physician assistants assistant, including the educational requirements that must be met to receive a certificate to practice; (2) Existing and proposed rules pertaining to the practice of physician
assistants, the supervisory relationship between physician assistants and
supervising physicians, and the administration and
enforcement of this chapter; (3) Physician-delegated prescriptive authority for physician assistants, in accordance with section 4730.38 of the Revised Code; (4) Application procedures and forms for certificates of registration for to practice as a
physician assistants assistant, standard and supplemental physician
assistant utilization physician supervisory plans, and supervision agreements; (4) Registration and renewal fees (5) Fees required by this chapter for issuance and renewal of certificates to practice as a physician assistant;
(5)(6) Criteria to be included in applications submitted to the board for approval of physician supervisory plans, including criteria to be included in applications for approval to delegate to physician assistants the performance of special services;
(7) Criteria to be included in standard and supplemental utilization plans
and in supervision agreements submitted to the board for approval and renewal of the board's approval; (6) Adoption of model standard utilization plans;
(7)(8) Any issue the board asks the committee to consider.
(B) In addition to the matters that are required to be reviewed under division (A) of this section, the committee may review, and may submit to the board recommendations concerning, either or both of the following: (1) Quality assurance activities to be performed by a supervising physician and physician assistant under a quality assurance system established pursuant to division (F) of section 4730.21 of the Revised Code; (2) The development and approval of one or more model physician supervisory plans and one or more models for a special services portion of the one or more model physician supervisory plans. The committee may submit recommendations for model plans that reflect various medical specialties. (C) The board shall take into consideration all recommendations
submitted by the committee. Not later than ninety days after receiving a
recommendation from the committee, the board shall approve or disapprove the
recommendation and notify the committee of its decision. If a recommendation
is disapproved, the board shall inform the committee of its reasons for making
that decision. The committee may resubmit the recommendation after addressing
the concerns expressed by the board and
modifying the disapproved recommendation accordingly. Not later than ninety days after receiving a
resubmitted recommendation, the board shall approve or disapprove the
recommendation. There is no limit on the number of times the committee may
resubmit a recommendation for consideration by the board.
It is
not necessary for the committee to make a recommendation
before (D)(1) Except as provided in division (D)(2) of this section, the board may not take action regarding a particular matter that is subject to the committee's review under division (A) or (B) of this section unless the committee has made a recommendation to the board concerning the matter.
(2) If the board submits to the committee a request for a recommendation regarding a matter that is subject to the committee's review under division (A) or (B) of this section, and the committee does not provide a recommendation before the sixty-first day after the request is submitted, the board may take action regarding the matter without a recommendation.
Sec. 4730.07. In addition to rules that are specifically required or authorized by this chapter to be
adopted, the state medical board may, subject to division (D) of section 4730.06 of the Revised Code, adopt any other rules necessary to govern
the practice of physician assistants, the supervisory relationship between
physician assistants and supervising physicians, and
the administration and enforcement of this chapter. Rules adopted
under this section shall be adopted in accordance with Chapter 119.
of the Revised Code.
Sec. 4730.08. (A) A certificate to practice as a physician assistant issued under this chapter authorizes the holder to practice as a physician assistant, subject to all of the following:
(1) The physician assistant shall practice only under the supervision, control, and direction of a physician with whom the physician assistant has entered into a supervision agreement approved by the state medical board under section 4730.17 of the Revised Code.
(2) When the physician assistant practices outside a health care facility, the physician assistant shall practice in accordance with the physician supervisory plan approved under section 4730.17 of the Revised Code for the physician who is responsible for supervising the physician assistant.
(3) When the physician assistant practices within a health care facility, the physician assistant shall practice in accordance with the policies of the health care facility.
(B) For purposes of division (A) of this section and all other provisions of this chapter pertaining to the practice of a physician assistant under the policies of a health care facility, both of the following apply: (1) A physician who is supervising a physician assistant within a health care facility may impose limitations on the physician assistant's practice that are in addition to any limitations applicable under the policies of the facility. (2) The state medical board may, subject to division (D) of section 4730.06 of the Revised Code, adopt rules designating facilities to be included as health care facilities that are in addition to the facilities specified in divisions (C)(1) and (2) of section 4730.01 of the Revised Code. The rules adopted shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 4730.081. For purposes of the Revised Code and any rules adopted under it, a certificate to practice as a physician assistant issued under this chapter constitutes the state's licensure of the certificate holder to practice as a physician assistant. The certificate holder may present the certificate as evidence of the state's licensure of the holder to any health care insurer, accrediting body, or other entity that requires evidence of licensure by a government entity to be recognized or authorized to practice as a physician assistant.
Sec. 4730.09. (A) Under a physician supervisory plan approved under section 4730.17 of the Revised Code, a physician assistant may provide any or all of the following services without approval by the state medical board as special services:
(1) Obtaining comprehensive patient histories;
(2) Performing physical examinations, including audiometry screening, routine visual screening, and pelvic, rectal, and genital-urinary examinations, when indicated;
(3) Ordering, performing, or ordering and performing routine diagnostic procedures, as indicated;
(4) Identifying normal and abnormal findings on histories, physical examinations, and commonly performed diagnostic studies;
(5) Assessing patients and developing and implementing treatment plans for patients; (6) Monitoring the effectiveness of therapeutic interventions;
(7) Exercising physician-delegated prescriptive authority pursuant to a certificate to prescribe issued under this chapter;
(8) Carrying out or relaying the supervising physician's orders for the administration of medication, to the extent permitted by law;
(9) Providing patient education;
(10) Instituting and changing orders on patient charts;
(11) Performing developmental screening examinations on children with regard to neurological, motor, and mental functions;
(12) Performing wound care management, suturing minor lacerations and removing the sutures, and incision and drainage of uncomplicated superficial abscesses;
(13) Removing superficial foreign bodies; (14) Administering intravenous fluids;
(15) Inserting a foley or cudae catheter into the urinary bladder and removing the catheter;
(16) Removing intrauterine devices;
(17) Performing biopsies of superficial lesions;
(18) Making appropriate referrals as directed by the supervising physician;
(19) Removing norplant capsules;
(20) Performing penile duplex ultrasound;
(21) Changing of a tracheostomy;
(22) Performing bone marrow aspirations from the posterior iliac crest;
(23) Performing bone marrow biopsies from the posterior iliac crest;
(24) Performing cystograms;
(25) Performing nephrostograms after physician placement of nephrostomy tubes;
(26) Fitting or inserting family planning devices, including intrauterine devices, diaphragms, and cervical caps;
(27) Removing cervical polyps;
(28) Performing nerve conduction testing;
(29) Performing endometrial biopsies; (30) Inserting filiform and follower catheters;
(31) Performing arthrocentesis of the knee;
(32) Performing knee joint injections; (33) Performing endotracheal intubation with successful completion of an advanced cardiac life support course;
(34) Performing lumbar punctures;
(35) In accordance with rules adopted by the board, using light-based medical devices for the purpose of hair removal;
(36) Administering, monitoring, or maintaining local anesthesia, as defined in section 4730.091 of the Revised Code; (37) Performing other services that are within the supervising physician's normal course of practice and expertise, if the services are included in any model physician supervisory plan approved under section 4730.06 of the Revised Code or the services are designated by the board by rule or other means as services that are not subject to approval as special services.
(B) Under the policies of a health care facility, the services a physician assistant may provide are limited to the services the facility has authorized the physician assistant to provide for the facility. The services a health care facility may authorize a physician assistant to provide for the facility include the following:
(1) Any or all of the services specified in division (A) of this section;
(2) Assisting in surgery in the health care facility;
(3) Any other services permitted by the policies of the health care facility, except that the facility may not authorize a physician assistant to perform a service that is prohibited by this chapter.
Sec. 4730.091. (A) As used in this section, "local anesthesia" means the injection of a drug or combination of drugs to stop or prevent a painful sensation in a circumscribed area of the body where a painful procedure is to be performed. "Local anesthesia" includes only local infiltration anesthesia, digital blocks, and pudendal blocks. (B) A physician assistant may administer, monitor, or maintain local anesthesia as a component of a procedure the physician assistant is performing or as a separate service when the procedure requiring local anesthesia is to be performed by the physician assistant's supervising physician or another person. A physician assistant shall not administer, monitor, or maintain any other form of anesthesia, including regional anesthesia or any systemic sedation, regardless of whether the physician assistant is practicing under a physician supervisory plan or the policies of a health care facility.
Sec. 4730.10. (A) An individual seeking a certificate of registration to practice as a
physician assistant shall file with the state medical board
a written application on a form prescribed and supplied by the board.
The application shall include all of the following: (1) The applicant's name, residential address, business address, if any, and social security number; (2) Satisfactory proof that the applicant is at least
eighteen years of meets the age and of good moral character requirements specified in divisions (A)(1) and (2) of section 4730.11 of the Revised Code; (2) The status of the applicant with respect to
eligibility for and application to take, or satisfactory
completion of, the examination of the national commission for certification of physician assistants or a successor organization
that is recognized by the board;
(3) Effective January 1, 2008, except as provided in division (B) of section 4730.11 of the Revised Code, satisfactory proof that the applicant meets one of the educational requirements specified in division (A)(4) of section 4730.11 of the Revised Code; (4) Any other information the board requires. (B) The board shall review all applications received under this
section. The board shall determine whether an applicant meets the
requirements
to receive a certificate of registration not later than sixty days after
receiving a complete application. The affirmative vote of not fewer
than
six members of the board is required to determine that an applicant meets the
requirements for a certificate. A certificate of registration shall not be issued to
an applicant unless the applicant is certified by
the national commission on
certification of physician assistants or a successor organization that is
recognized by the board, except that the
board
may issue a temporary certificate of registration to an
applicant who has not yet taken the examination of the commission
or its successor organization but is eligible for
and has made application to take the examination. A temporary
certificate shall be valid only until the results of the next
examinations are available to the board.
(C) At the time of making application for a certificate of
registration to practice, the applicant shall pay
the board a fee of one hundred dollars, no part of which shall be
returned. Such fees shall be deposited in accordance with
section 4731.24 of the Revised Code.
Sec. 4730.11. (A) For an individual to be eligible to receive a certificate to practice as a physician assistant, all of the following apply:
(1) The applicant shall be at least eighteen years of age.
(2) The applicant shall be of good moral character.
(3) The applicant shall hold current certification by the national commission on certification of physician assistants or a successor organization that is recognized by the state medical board.
(4) Effective January 1, 2008, except as provided in division (B) of this section, the applicant shall meet one of the following educational requirements:
(a) The applicant shall hold a master's or higher degree that was obtained from a program accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the board;
(b) The applicant shall hold a degree other than a master's or higher degree that was obtained from a program accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the board and shall hold a master's or higher degree in a course of study with clinical relevance to the practice of physician assistants that was obtained from a program accredited by a regional or specialized and professional accrediting agency recognized by the council for higher education accreditation.
(B) It is not necessary for an applicant to hold a master's or higher degree as a condition of receiving a certificate to practice as a physician assistant if the applicant presents evidence satisfactory to the board of holding a current, valid license or other form of authority to practice as a physician assistant that was issued by another jurisdiction prior to January 1, 2008.
(C) This section does not require an individual to obtain a master's or higher degree as a condition of retaining or renewing a certificate to practice as a physician assistant if either of the following is the case: (1) Prior to January 1, 2008, the individual received a certificate to practice as a physician assistant under this chapter without holding a master's or higher degree.
(2) On or after January 1, 2008, the individual received a certificate to practice as a physician assistant under this chapter on the basis of holding a license issued in another jurisdiction, as specified in division (B) of this section.
Sec. 4730.11 4730.12. If the (A) The state
medical board shall review all applications received under section 4730.10 of the Revised Code for certificates to practice as a physician assistant. Not later than sixty days after receiving a complete application, the board shall determine whether an applicant meets the requirements to receive a certificate to practice, as specified in section 4730.11 of the Revised Code. An affirmative vote of not fewer than six members of the board is required to determine that an applicant meets the requirements to receive a certificate to practice as a physician assistant. (B) If the board determines under section 4730.10 of the Revised Code
that an applicant meets
the requirements for a to receive the certificate of registration as a physician
assistant, the secretary of the
board shall register the applicant as a physician assistant
and issue to the applicant a certificate of registration to practice
as a
physician assistant. The certificate shall expire biennially and may
be renewed in accordance with section 4730.12 of the Revised Code. Upon application by the holder of a certificate of registration, the board
shall issue a duplicate certificate to replace one that is missing or damaged,
to reflect a name change, or for any other reasonable cause. The fee for a
duplicate certificate shall be thirty-five dollars.
Sec. 4730.13. Upon application by the holder of a certificate to practice as a physician assistant, the state medical board
shall issue a duplicate certificate to replace one that is missing or damaged,
to reflect a name change, or for any other reasonable cause. The fee for a
duplicate certificate shall be thirty-five dollars. All fees collected under this section shall be deposited in accordance with section 4731.24 of the Revised Code.
Sec. 4730.12 4730.14. (A) A certificate to practice as a physician assistant shall expire biennially and may be renewed in accordance with this section. A person seeking to renew a certificate of registration to practice as
a physician assistant shall, on or before the thirty-first day of January
of each even-numbered year, apply for renewal of the certificate.
The state medical board shall send
renewal notices at least one month prior to the
expiration date. Applications shall be submitted to the board on forms the board shall
prescribe and furnish. Each application shall be accompanied by a biennial
renewal fee of fifty dollars. The board shall deposit the fees in accordance
with section 4731.24 of the Revised Code. The applicant shall report any criminal offense that constitutes grounds
for refusing to issue a certificate of registration to practice under
section 4730.25 of the Revised Code to which the applicant has pleaded
guilty, of
which the applicant has been found guilty, or for which the applicant
has been found eligible for
treatment intervention in lieu of conviction, since last
signing an application for a
certificate of registration to practice as a
physician assistant. (B) To be eligible for renewal, a physician
assistant must shall certify to the board both of the following: (1) That the physician assistant has maintained certification by the
national commission on certification of physician assistants or a successor
organization that is recognized by the board by meeting the
standards to hold current certification from the
commission or its successor, including completion of
continuing medical education requirements and passing periodic recertification
examinations; (2) Except as provided in division (D)(F)
of this section and section 5903.12 of the Revised Code, that the physician assistant has completed
during the
current registration certification period not less than one hundred hours of
continuing medical education acceptable to the board. The (C) The board shall adopt
rules in accordance with Chapter
119. of the Revised Code specifying the types of
continuing medical education that must be
completed to fulfill the board's requirements under division (B)(2) of this section. The Except when additional continuing medical education is required to renew a certificate to prescribe, as specified in section 4730.49 of the Revised Code, the board shall not adopt
rules
that require a physician assistant to complete in any registration certification period more
than one hundred hours of continuing medical education acceptable to the
board. In fulfilling the board's requirements, a physician assistant may use
continuing medical education courses or programs completed to maintain
certification by the national commission on certification of physician
assistants or a successor organization that is recognized by the board
if the standards for acceptable courses and programs of
the commission or its successor are at least equivalent to the standards
established by the board. (C)(D) If an applicant submits a complete renewal application and
qualifies for
renewal pursuant to division (B) of this section, the board
shall issue to the applicant a renewed certificate of
registration to practice as a physician assistant. The
(E) The board may require a
random sample of physician assistants to submit materials
documenting certification by the national commission on
certification of physician assistants or a successor organization that is
required recognized by the board and completion of the
required number of hours of continuing medical education. (D)(F) The board shall provide for pro rata
reductions by month of the number of hours of continuing
education that must be completed for individuals who are in their
first registration certification period, who have been disabled due to illness
or accident, or who have been absent from the country. The board
shall adopt rules,
in accordance with Chapter 119. of the
Revised Code, as necessary to implement this division.
(E)(G)(1) A certificate of registration to practice that is not renewed on or
before its expiration date is automatically
suspended on
its expiration date. The state medical Continued practice after suspension of the certificate shall be considered as practicing in violation of division (A) of section 4730.02 of the Revised Code.
(2) If a certificate has been suspended pursuant to division (G)(1) of this section for two years or less, it may be reinstated. The
board shall reinstate a
certificate suspended for failure to renew upon an applicant's
submission of the
biennial renewal
fee, the any applicable monetary penalty, and
certification by signature of the applicant that the applicant has completed the number
of hours of continuing education necessary to have a certificate
reinstated have been completed, as
specified in rules the board shall adopt in accordance with Chapter
119. of the Revised Code. The If a certificate has been suspended pursuant to division (G)(1) of this division for more than two years, it may be restored. In accordance with section 4730.28 of the Revised Code, the board may restore a certificate suspended for failure to renew upon an applicant's submission of a restoration application, the biennial renewal fee, and any applicable monetary penalty. The penalty for reinstatement shall be
twenty-five dollars if
the certificate has been suspended for two years or less and the penalty for restoration shall be
fifty dollars if the certificate has been suspended for more than
two years. The board shall deposit penalties in accordance with
section 4731.24 of the Revised Code. (F)(H) If an individual certifies that the individual
has completed the number of hours and type of continuing medical
education required for renewal or reinstatement of a certificate
of registration to practice as a physician assistant, and the board finds
through a random sample conducted under division (C)(E) of
this section or through any other means that the individual did
not complete the requisite continuing medical education, the
board may impose a civil penalty of not more than five thousand
dollars. The board's finding shall be made pursuant to an
adjudication under Chapter 119. of the Revised
Code and by an affirmative vote of not fewer than six
members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4730.25 of the Revised Code. The
board shall deposit civil penalties in accordance with section
4731.24 of the Revised Code.
Sec. 4730.18 4730.15. (A) A physician seeking to
supervise one or more physician assistants through a physician supervisory plan shall submit to the
state medical board an application for approval of a physician
assistant utilization supervisory plan. The physician shall provide all information
determined by the
board to be necessary to process the application. The physician may include
in the application the names, business
addresses, and business telephone numbers of at least two
physicians who have agreed to act as alternate supervising physicians
during periods in which the physician will be unable to provide supervision
in accordance with section 4730.21 of the Revised
Code. Application for approval of a physician assistant
utilization supervisory plan shall be made on a form prescribed and furnished
by the board. Each application shall include a copy of the proposed
plan. The proposed plan may be based on any model physician supervisory plan approved under section 4730.06 of the Revised Code. If the plan includes a special services portion, that portion may be based on any model special services portion approved under section 4730.06 of the Revised Code. The board shall develop a form that may be used when
two or more physicians wish to apply at the same time for
approval of the same type of physician assistant utilization supervisory
plan. When making simultaneous applications with these forms this form,
the physicians are required to include only one
copy of the proposed plan with all of their applications.
Subsequent to the filing of simultaneous applications, a
physician who seeks to join the physicians who filed
simultaneous applications may apply for approval of the same
type of physician assistant utilization supervisory plan by using the forms form
developed by the board for simultaneous applications. The
physician shall identify the plan for which approval is sought.
Identification of the plan fulfills the requirement for filing a
copy of the plan. Each application for approval filed separately shall be
accompanied by a fee of seventy-five dollars. Applications
filed simultaneously shall be accompanied by a fee of
seventy-five dollars per physician, up to a maximum of seven
hundred fifty dollars. An application from a physician who
seeks to join physicians who filed simultaneous
applications shall include a fee of seventy-five dollars, unless
the fees paid by the physicians in the group have reached the
maximum of seven hundred fifty dollars. Fees shall
be deposited in accordance with section 4731.24 of the Revised Code. (B) To be approved by the board, a standard utilization plan must
meet the requirements of section 4730.16 of the Revised Code and any
applicable rules adopted
by the board. To be approved, a supplemental utilization plan must meet the
requirements of section 4730.17 of the Revised Code
and any applicable rules adopted by the
board.
On receipt of a complete application, the board shall process the
application as follows:
(1) If an application is for approval of a standard
utilization plan, the board shall approve or disapprove the
application and notify the applicant of its decision not later
than sixty days after receiving the application.
(2) If an application is for approval of a supplemental
utilization plan, the board shall submit the application to the
physician assistant policy committee. The committee shall review
the application and form a recommendation as to whether the board
should approve or disapprove the plan. The committee shall
submit its recommendation to the board not later than sixty days
after receiving the application. Not later than sixty days after
receiving the committee's recommendation, the board shall review
the application, approve or disapprove the supplemental
utilization plan, and notify the applicant of its decision.
(C) A standard or supplemental utilization plan approved by the
board is valid until the physician notifies the board that the plan should be
canceled or until the plan is replaced by a new utilization plan.
Sec. 4730.16. (A) A standard physician assistant utilization
plan shall To be eligible for approval by the state medical board under section 4730.17 of the Revised Code, a physician supervisory plan shall meet the requirements of any applicable rules adopted by the board and shall specify all of the
following: (1)(A) The responsibilities to be fulfilled by the
physician supervising a physician assistant under the plan;
(2)(B) The responsibilities to be fulfilled by a physician
assistant when performing services under the plan;
(3)(C) Circumstances under which a physician assistant is
required to refer a patient to the supervising physician;
(4)(D) Procedures to be followed by a physician assistant
when writing medical orders, including prescriptions written in the exercise of the physician-delegated prescriptive authority granted to the physician assistant;
(5) Procedures to be followed when a supervising physician is not on the
premises but a patient requires immediate attention
(E) Any special services that the physician may delegate to a physician assistant.
(B) The types of services a supervising physician may
authorize a physician assistant to perform under a standard
utilization plan are limited to the following:
(1) Obtaining comprehensive patient histories;
(2) Performing physical examinations, including pelvic
and rectal examinations when indicated;
(3) Assessing patients, ordering and performing routine
diagnostic procedures, developing treatment
plans for patients, and implementing treatment plans that have been reviewed
and approved by the supervising
physician;
(4) Monitoring the effectiveness of therapeutic
interventions;
(5) Assisting in surgery in a hospital, as defined in
section 3727.01 of the Revised Code, or an outpatient
surgical care center affiliated with the hospital if the center meets the same
credential, quality assurance, and utilization review standards as the
hospital;
(6) Providing instruction to meet patient needs;
(7) Instituting and changing orders on patient charts
as directed by the supervising physician;
(8) Carrying out or relaying the supervising physician's
orders for medication, to the extent permitted under laws
pertaining to drugs.
Sec. 4730.17. (A) On receipt of a complete application for approval of a physician supervisory plan submitted under section 4730.15 of the Revised Code, the state medical board shall process the application as follows:
(1) Not later than sixty days after receiving the application, the board shall approve or disapprove the plan or that portion of the plan under which one or more physician assistants will be authorized to perform the services specified in division (A) of section 4730.09 of the Revised Code. The board shall provide written notice of its decision to the applicant.
(2) If the applicant is seeking approval of a physician supervisory plan under which the supervising physician will delegate to one or more physician assistants the performance of special services, the board shall submit the special services portion of the plan to the board's physician assistant policy committee at the committee's next regularly scheduled meeting.
The committee shall review the special services portion of the physician supervisory plan and form a recommendation as to whether the board should approve or disapprove inclusion of all or some of the special services in the plan. The committee, on a case-by-case basis, may request documentation from the applicant certifying that additional education and training will have been provided to or obtained by each physician assistant who is given authority to perform the special services to ensure that the physician assistant is qualified to perform the services. The committee shall submit its recommendation for approval or disapproval to the board not later than sixty days after receiving the special services portion of the plan.
Not later than sixty days after receiving the committee's recommendation, the board shall approve or disapprove the special services portion of the physician supervisory plan. The board shall provide written notice of its decision to the applicant and the committee.
(B) After a physician supervisory plan has been approved, the holder of the plan may apply for an addendum to the plan for authorization to delegate to one or more physician assistants the performance of a special service that was not included at the time the plan was approved. An application for an addendum to an approved physician supervisory plan shall be submitted in the same manner that an application for approval of an original plan is submitted under section 4730.15 of the Revised Code. The application shall be processed in same manner that an application for approval of an original physician supervisory plan is processed under division (A) of this section.
(C) A physician supervisory plan approved under this section is valid until the supervising physician for whom the plan was approved, or the group of supervising physicians for which the plan was approved, notifies the board that the plan should be canceled or replaced.
Sec. 4730.18. Before initiating supervision of one or more physician assistants under a physician supervisory plan or the policies of a health care facility, a physician shall obtain approval from the state medical board under section 4730.19 of the Revised Code of a supervision agreement between the physician and each physician assistant who will be supervised.
A physician seeking approval of a supervision agreement shall
submit an application to the board on a form the board shall
prescribe and furnish. The application shall list each physician assistant
who will be supervised. Each application shall be accompanied by
a fee of twenty-five dollars. Fees shall be deposited in
accordance with section 4731.24 of the Revised
Code.
Sec. 4730.19. (A) Prior to initiating supervision of one or more physician
assistants under a standard
or supplemental physician assistant utilization plan, a physician
must receive the state medical board's approval of a supervision
agreement between the physician and each physician assistant
who will be supervised. A
physician seeking approval of a supervision agreement shall
submit an application to the board on a form the board shall
prescribe and furnish. The application shall list each physician assistant
who will be supervised. Each application shall be accompanied by
a fee of twenty-five dollars. Fees shall be deposited in
accordance with section 4731.24 of the Revised
Code. (B) To For a supervision agreement to be approved by the board, a all of the following apply:
(1) The supervision
agreement must shall specify that the physician agrees to supervise the
physician assistant and the physician assistant agrees to
practice in accordance with the conditions specified in the
physician assistant utilization supervisory plan approved for that physician or the policies of the health care facility in which the supervising physician and physician assistant are practicing. The (2) The
agreement must shall be
signed by the physician and the physician assistant. The (3) The
physician assistant must shall hold a current certificate of
registration to practice as a physician assistant and. (4) If a physician supervisory plan applies to the physician assistant's practice, the physician must have
received approval of a shall hold an approved physician assistant utilization supervisory plan. If (5) If the physician intends to grant physician-delegated prescriptive authority to a physician assistant, the physician assistant shall hold a certificate to prescribe issued under this chapter.
(6) If the physician holds approval of more than one physician assistant
utilization supervisory plan, the agreement must shall specify the plan under which
the physician assistant will practice. If these conditions are (B) The board shall review each application received. If the board finds that the requirements specified in division (A) of this section have been met and the applicant has paid the fee is paid specified in section 4730.18 of the Revised Code, the board shall issue a letter to approve the supervision agreement and notify the
supervising physician acknowledging its of the board's approval of the
supervision agreement. If physician-delegated prescriptive authority will be granted to more than one physician assistant under the supervision agreement, the board shall specify in the notice that its approval is specific to each physician assistant. The board shall provide notice of its approval of a supervision agreement not later than thirty days after the board receives a complete application for approval. (C) After a supervision agreement is approved, a physician may
apply to the board for approval to initiate supervision of a physician
assistant who is not listed on the agreement. If There is no fee for applying for the addition of a physician assistant to a supervision agreement. To receive the board's approval of the addition to the supervision agreement, the physician
assistant holds shall hold a current certificate of registration to practice as a physician assistant. If the physician intends to grant physician-delegated prescriptive authority to the physician assistant, the physician assistant shall hold a current certificate to prescribe. If these requirements are met, the board
shall issue a letter to notify the physician acknowledging of its approval
of the addition to the supervision agreement. The board shall provide notice of its approval not later than thirty days after the board receives a complete application for approval. There is no fee
for applying for additions to a supervision agreement under this
division.
(D) The board's approval of a supervision
agreement expires on the thirty-first day of January of each
odd-numbered year. The board may renew its approval of a supervision
agreement if the supervising physician submits to the board a signed statement
on a form prescribed and provided by the board specifying that the physician
seeks to continue supervising one or more physician
assistants and the board determines
that each physician assistant who will
be supervised holds a valid certificate of registration. The statement shall
be accompanied by a fee of twenty-five dollars. All fees shall be deposited
in accordance with section 4731.24 of the Revised Code.
Sec. 4730.20. (A) The state medical board's approval of a supervision agreement expires on the thirty-first day of January of each odd-numbered year and may be renewed. A supervising physician seeking renewal of the board's approval of a supervision agreement shall submit to the board an application for renewal on forms prescribed and furnished by the board. The application shall be accompanied by a renewal fee of twenty-five dollars. Renewal fees shall be deposited in accordance with section 4731.24 of the Revised Code. (B) For the board's approval of a supervision agreement to be renewed under this section, all of the following apply: (1) The applicant shall submit a signed statement on a form prescribed by the board specifying that the physician intends to continue supervising the one or more physician assistants specified in the agreement. (2) Each of the physician assistants specified in the agreement shall hold a current certificate to practice as a physician assistant. (3) If physician-delegated prescriptive authority will be granted to one or more physician assistants under the supervision agreement, each of the physician assistants shall hold a valid certificate to prescribe issued under this chapter.
(C) The board shall renew its approval of the supervision agreement if the fee has been paid and the requirements specified in division (B) of this section have been met.
Sec. 4730.21. (A) The supervising physician of a
physician assistant exercises oversight supervision, control, and direction
of the physician assistant. In supervising a physician
assistant, the supervising physician shall do all of the
following apply: (1) Be Except when the on-site supervision requirements specified in section 4730.45 of the Revised Code are applicable, the supervising physician shall be continuously available for direct communication
with the physician assistant by either of the following means: (a) Being physically present at the location
where the physician assistant is practicing; (b) Being readily available to the physician
assistant through some means of telecommunication and being in a
location that under normal conditions is not more than sixty
minutes travel time away from the location where the physician
assistant is practicing. (2) Personally The supervising physician shall personally and actively review the physician
assistant's professional activities;. (3) Regularly The supervising physician shall regularly review the condition of the patients
treated by the physician assistant;. (4) Regularly The supervising physician shall ensure that the quality assurance system established pursuant to division (F) of this section is implemented and maintained. (5) The supervising physician shall regularly perform any other reviews of the
physician assistant that the supervising physician considers
necessary. (B) A physician may enter into
supervision agreements with any number of physician assistants,
but the physician may not supervise more than two physician
assistants at any one time. A physician assistant may enter into
supervision agreements with any number of supervising physicians,
but when practicing under the supervision of a particular
physician, the physician assistant's scope of practice is subject
to the limitations of the utilization physician supervisory plan that has been approved
under section 4730.17 of the Revised Code for that physician or the policies of the health care facility in which the physician and physician assistant are practicing. When a supervision agreement between a physician
assistant and a supervising physician is terminated, the
physician and the physician assistant shall notify the state
medical board. The notice shall be submitted not later than two
week days after the agreement is terminated. The notice must
include an explanation of the reasons for terminating the
agreement.
(C) A supervising physician may authorize a
physician assistant to perform a service only if the service is included in authorized under
the physician assistant utilization supervisory plan approved for that physician and or the policies of the health care facility in which the physician and physician assistant are practicing. A supervising physician may authorize a physician assistant to perform a service only if
the physician is
satisfied that the physician assistant is capable of competently
performing the service. A supervising physician shall not
authorize a physician assistant to perform any service that is
beyond the physician's or the physician assistant's expertise or normal
course of practice and expertise. (D) A patient new to a physician's practice
may be seen by a physician
assistant only when a supervising physician is on the premises, except
in those situations specified in a standard or supplemental utilization plan
under which the
presence of the physician is not necessary. A patient new to a
physician's practice or an established patient of a physician with a new
condition shall be seen and personally evaluated by a supervising
physician prior to initiation of any treatment plan proposed by a
physician assistant for the new patient or the established patient's new
condition. (1) A supervising physician may authorize a
physician assistant to practice in any setting within which the
supervising physician routinely practices.
When a (2) In the case of a health care facility with an emergency department, if the supervising
physician authorizes a physician assistant to practice routinely practices in a the
facility's emergency department, the supervising physician shall
provide on-site supervision of the physician assistant when the physician assistant practices in the emergency department. If the supervising physician does not routinely practice in the facility's emergency department, the supervising physician may, on occasion, send the physician assistant to the facility's emergency department to assess and manage a patient. In supervising the physician assistant's assessment and management of the patient, the supervising physician shall determine the appropriate level of supervision in compliance with the requirements of divisions (A) to (C) of this section, except that the supervising physician must be available to go to the emergency department to personally evaluate the patient and, at the request of an emergency department physician, the supervising physician shall go to the emergency department to personally evaluate the patient. (E) Each time a physician assistant writes a
medical order, including prescriptions written in the exercise of physician-delegated prescriptive authority, the physician assistant shall sign the form on
which the order is written and record on the form the time and
date that the order is written. When writing a medical order,
the physician assistant shall use forms that clearly identify
the physician under whose supervision the physician
assistant is authorized to write the order. The supervising physician named
on the order shall
review each medical order written by the physician assistant not
later than twenty-four hours after the order is written, unless
the supervising physician's utilization plan specifically
authorizes a longer period of time for review. After reviewing
an order, the supervising physician shall countersign the order
if the supervising physician determines that the order is appropriate.
Countersignature
by the supervising physician is necessary before any
person may execute the physician assistant's order, except in situations
in which a patient requires immediate attention and any other circumstances
specified
in a supplemental utilization plan under which countersignature is not
necessary. The supervising physician shall review each medical
order executed without countersignature not later than
twenty-four hours after the order is written (F)(1) The supervising physician of a physician assistant shall establish a quality assurance system to be used in supervising the physician assistant. All or part of the system may be applied to other physician assistants who are supervised by the supervising physician. The system shall be developed in consultation with each physician assistant to be supervised by the physician.
(2) In establishing the quality assurance system, the supervising physician shall describe a process to be used for all of the following:
(a) Routine review by the physician of selected patient record entries made by the physician assistant and selected medical orders issued by the physician assistant;
(b) Discussion of complex cases;
(c) Discussion of new medical developments relevant to the practice of the physician and physician assistant;
(d) Performance of any quality assurance activities required in rules adopted by state medical board pursuant to any recommendations made by the physician assistant policy committee under section 4730.06 of the Revised Code;
(e) Performance of any other quality assurance activities that the supervising physician considers to be appropriate.
(3) The supervising physician and physician assistant shall keep records of their quality assurance activities. On request, the records shall be made available to the board and any health care professional working with the supervising physician and physician assistant.
Sec. 4730.22. (A) A physician assistant's supervising
physician assumes legal liability for the services provided by the physician
assistant. The physician is not
liable for any services provided by the physician assistant after their supervision
agreement is terminated. (B) When any a health care facility permits physician assistants
to practice within that facility or any other health care facility under its
control, the health care facility shall make
reasonable efforts to explain to each individual who may work
with a particular physician assistant the scope of that
physician assistant's practice as determined by each supervising
physician's physician assistant utilization plan and any
policies maintained by the facility regarding the practice of
physician assistants within the facility.
The appropriate
credentialing body within the health care facility shall provide, on request
of
an individual practicing in the facility with a physician
assistant, a copy of the facility's policies on the practice of physician assistants within the facility and a copy of each physician assistant utilization supervisory plan and supervision agreement
applicable to the physician assistant. An individual who follows the orders of a physician
assistant practicing in a health care facility is not subject to disciplinary action by any administrative agency that governs that individual's conduct and is not liable in damages in a
civil
action for injury, death, or loss to person or property
resulting from the individual's acts or omissions in the
performance of any procedure, treatment, or other health care
service if the individual reasonably believed that the physician
assistant was acting within the proper scope of practice or was
relaying medical orders from a supervising physician, unless
the act or omission constitutes willful or wanton misconduct.
Sec. 4730.25. (A) The state medical board, by
an
affirmative vote of not fewer than six members, may revoke
or may
refuse to
grant a certificate of registration to practice as a physician
assistant or a certificate to prescribe to a
person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate. (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 of registration to practice as a physician
assistant or certificate to prescribe, refuse to
issue a certificate to an applicant, refuse
to reinstate a
certificate, or reprimand or place on probation the
holder
of a certificate
for any of the following reasons: (1) Failure to practice in accordance
with the conditions
under which the supervising physician's supervision
agreement with
the physician assistant was approved, including the requirement
that when practicing under a particular supervising physician,
the
physician assistant must practice only according to the standard
or
supplemental utilization physician supervisory plan the board approved for that
physician or the policies of the health care facility in which the supervising physician and physician assistant are practicing; (2) Failure to comply with the requirements of this
chapter,
Chapter 4731. of the Revised Code, or any rules adopted
by the
board; (3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter,
Chapter
4731. of the Revised Code, or the
rules adopted by the board; (4) Inability to practice according to
acceptable and
prevailing standards of care by reason of mental
illness or
physical illness, including physical deterioration
that adversely
affects cognitive, motor, or perceptive skills; (5) 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; (6) Administering drugs for purposes other than those
authorized under this chapter; (7) Willfully betraying a professional confidence; (8) Making a false, fraudulent,
deceptive, or misleading
statement in soliciting or advertising
for employment as a physician assistant; in connection with any solicitation or advertisement for patients,; in relation
to the
practice of medicine as it pertains to physician
assistants,; or
in securing or attempting to secure a certificate
of
registration to practice as a physician assistant, a certificate to prescribe, or approval
of
a supervision agreement. 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. (9) Representing, with the purpose of obtaining
compensation
or other advantage personally or for any other
person, that an
incurable disease or injury, or other incurable
condition, can be
permanently cured; (10) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice; (11) A plea of guilty to, a judicial
finding of guilt of, or
a judicial finding of eligibility for treatment intervention in
lieu of
conviction for, a felony; (12) Commission of an act that constitutes a felony 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 intervention in
lieu of
conviction for, a misdemeanor committed in the course of
practice; (14) A plea of guilty to, a judicial
finding of guilt of, or
a judicial finding of eligibility for treatment intervention in
lieu of
conviction for, a misdemeanor
involving moral turpitude; (15) 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; (16) Commission of an act involving moral turpitude that
constitutes a
misdemeanor in this state, regardless of the
jurisdiction in
which the act was committed; (17) A plea of guilty to, a
judicial finding of guilt of, or
a judicial finding of eligibility
for treatment intervention in lieu of
conviction for violating any state or federal law
regulating the
possession, distribution, or use of any drug,
including
trafficking in drugs; (18) Any of the following actions taken by the
state agency
responsible for regulating the practice of physician assistants
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; (19) A departure from, or failure to conform to,
minimal
standards of care of similar physician assistants under
the same
or similar circumstances, regardless of whether actual
injury to a
patient is established; (20) Violation of the conditions placed
by the board on a
certificate of registration to practice as a physician assistant, a certificate to prescribe, physician
assistant utilization a physician supervisory plan,
or supervision agreement; (21) Violation of the conditions on which
a temporary
certificate of registration is issued; (22) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(23)(22) Failure to cooperate in an investigation conducted by
the board under section 4730.26 of the Revised
Code, 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;
(24)(23) Assisting suicide as defined in section 3795.01 of the
Revised Code;
(24) Prescribing any drug or device to perform or induce an abortion, or otherwise performing or inducing an abortion. (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 a physician assistant or applicant 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)(12), (15), and (16) 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 applicant
or certificate holder
committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions in cases
where
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 the
provisions of this
section or upon the board's jurisdiction to
take action under the
provisions of this section if, based upon a
plea of
guilty,
a judicial finding of guilt, or a judicial finding
of eligibility
for treatment intervention 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) For purposes of this division, any
individual who holds
a certificate of registration issued under
this chapter, or
applies for a certificate of registration issued under this chapter, 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. (1) In enforcing division (B)(4) of this
section, the board,
upon a showing of a possible violation, may
compel any individual
who holds a certificate of registration
issued under this chapter
or who has applied for a certificate of
registration pursuant to
this chapter to submit to a mental
examination, physical
examination, including an
HIV test, or both a mental and 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 a physician assistant unable to
practice because of the reasons set forth in division
(B)(4) of
this section, the
board shall require the physician assistant to
submit to care,
counseling, or treatment by physicians approved or
designated by
the board, as a condition for an initial, continued,
reinstated,
or renewed certificate of registration. An individual
affected
under this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in
compliance with
acceptable and prevailing standards of care. (2) For purposes of division (B)(5) of this
section, if the
board has reason to believe that any individual
who holds a
certificate of registration issued under this chapter
or any
applicant for a certificate of registration 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 qualified to conduct such
examination and 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 licensure certification to practice or prescribe, to submit to
treatment. Before being eligible to apply for reinstatement of a
certificate suspended under this division, the physician
assistant
shall demonstrate to the board the ability to resume
practice or prescribing in
compliance with acceptable and prevailing standards
of care. The
demonstration shall include 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 such
assessments and shall describe the basis for their
determination. The board may reinstate a certificate suspended under
this
division after such demonstration and after the individual
has
entered into a written consent agreement. When the impaired physician assistant resumes practice or prescribing,
the
board shall require continued monitoring of the physician
assistant. The monitoring shall include
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 falsification stating whether the physician assistant
has maintained sobriety. (G) If the secretary and supervising member
determine that
there is clear and convincing evidence that a
physician assistant
has violated division (B) of this
section and that the
individual's continued practice or prescribing
presents a danger of immediate and
serious harm to the public,
they may recommend that the board
suspend the individual's certificate to
practice or prescribe 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 physician assistant 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
physician assistant requests the hearing, unless
otherwise
agreed to by both the board and the certificate holder. A 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. 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)(11), (13),
or (14) of this section, and the
judicial finding of guilt, guilty
plea,
or
judicial finding of eligibility for treatment intervention 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 and supporting court documents, the
board shall
reinstate the certificate of registration to practice or prescribe. 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
opportunity for 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,
it may order any of the sanctions
identified under division (B) of
this section. (I) The certificate of registration of to practice issued to a
physician assistant
and
the physician assistant's practice in this state are
automatically suspended
as of the date the physician assistant
pleads guilty to, is found by a judge
or jury to be guilty of, or
is subject to a judicial finding of eligibility
for intervention
in lieu of conviction in this state or treatment or
intervention
in lieu of conviction in another state 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 the 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
of registration to practice. (J) In any instance in which the board is required
by
Chapter 119. of the Revised Code to give notice of
opportunity for
hearing and 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
shall be accompanied by a
written statement of the
conditions under which the physician
assistant's
certificate may be reinstated. The board
shall adopt
rules in accordance with
Chapter 119. of the Revised Code
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 to an applicant a certificate of
registration to practice as a
physician assistant to an applicant or a certificate to prescribe,
revokes an
individual's certificate
of registration, refuses to issue a
certificate of registration,
or refuses to reinstate an
individual's certificate of
registration, 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 the certificate
of registration as a physician
assistant 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 of
registration as a
physician assistant issued under this chapter
is not 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 made under this
chapter for a certificate
of registration, approval of a standard
or supplemental
utilization physician supervisory plan, or approval of a supervision
agreement may not
be withdrawn without approval of the board. (3) Failure by an individual to renew a certificate
of
registration in accordance with section 4730.12 4730.14 or section 4730.48 of the
Revised
Code shall not remove or limit the board's
jurisdiction to take
disciplinary action under this section against
the individual.
Sec. 4730.26. (A) The state medical board
shall investigate
evidence that appears to show that any person
has violated this
chapter or a rule adopted under it. Any In an investigation involving the practice or supervision of a physician assistant pursuant to the policies of a health care facility, the board may require that the health care facility provide any information the board considers necessary to identify either or both of the following:
(1) The facility's policies for the practice of physician assistants within the facility;
(2) The services that the facility has authorized a particular physician assistant to provide for the facility.
(B) Any person
may report to the
board in a signed writing any information the
person has that
appears to show a violation of any provision of
this chapter or
rule adopted under it. In the absence of bad faith, a person
who
reports such information or testifies before the board in an
adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for civil damages as a
result of reporting the
information or providing testimony. Each
complaint or allegation
of a violation received by
the board shall be assigned a case
number and be recorded by the
board. (B)(C) Investigations of alleged violations of this chapter or
rules 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
4730.33 of the Revised Code. The
president may designate another
member of the board to supervise
the investigation in place of the
supervising member. A member
of the board who supervises the
investigation of a case shall
not participate in further
adjudication of the case.
(C)(D) In investigating a possible violation of this chapter or
a rule adopted under it, 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 a
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 physician
assistant, 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. (D)(E) All hearings and investigations of the board shall be
considered civil actions for the purposes of section
2305.252 of
the Revised Code.
(E)(F) 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 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 law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board 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 agency or board that applies when
it is
dealing with other information in its possession. In a judicial
proceeding, the information may
be admitted into evidence only 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. (F)(G) The state medical board shall develop
requirements for
and provide appropriate initial and continuing
training for
investigators employed by the board to carry out its
duties under
this chapter. The training and continuing education
may include
enrollment in courses operated or approved by the
Ohio peace
officer training council that the board
considers appropriate
under conditions set forth in section
109.79 of the Revised Code.
(G)(H) 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:
(1) The case number assigned to the complaint or
alleged
violation; (2) The type of certificate to practice, if any, held
by the
individual against whom the complaint is directed; (3) A description of the allegations contained in the
complaint; (4) 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
submitted to
the physician assistant policy committee of the board
and is a
public record for purposes of section 149.43 of the Revised
Code.
Sec. 4730.27. If the state medical board has reason
to believe that any person who has been granted a certificate of
registration under this chapter is mentally ill or mentally
incompetent, it may file in the probate court of the county in
which such person has a legal residence an affidavit in the form
prescribed in section 5122.11 of the Revised Code
and signed by the board secretary or a member of the secretary's staff,
whereupon the same proceedings shall be had as provided in
Chapter 5122. of the Revised Code. The
attorney general may represent the board in any proceeding
commenced under this section. If a physician assistant is
adjudged by a probate court to be mentally ill or mentally
incompetent, the individual's certificate of registration shall be
automatically suspended
until the individual has filed with the board a certified copy of an
adjudication by a probate court of being restored to
competency or has submitted to the board proof, satisfactory to
the board, of having been discharged as being restored to
competency in the manner and form provided in section 5122.38 of
the Revised Code. The judge of the court shall
immediately notify the board of an adjudication of incompetence
and note any suspension of a certificate in the margin of the
court's record of the certificate.
Sec. 4730.28. (A) An individual whose certificate of
registration to practice as a physician assistant has been suspended or is in an
inactive state for any cause for more than two years may apply to the state medical board to have the
certificate reinstated restored. Before reinstating (B)(1) Before restoring a certificate that
has been in a suspended or inactive state for any cause for more
than two years under this section, the board shall determine the physician
assistant's applicant's present fitness to resume practice. The board shall
consider the moral background and the activities of the applicant
during the period of suspension or inactivity. (2) When reinstating restoring a certificate, the
board may impose terms and conditions, including the following: (A)(a) Requiring the physician assistant applicant to obtain
additional training and pass an examination upon completion of
the training;
(B)(b) Restricting or limiting the extent, scope,
or type of practice of the as a physician assistant that the individual may resume.
Sec. 4730.31. (A) As used in this section,
"prosecutor" has the same meaning as in section 2935.01
of the Revised Code. (B) Whenever any person holding a valid
certificate issued pursuant to this chapter pleads guilty to, is
subject to a judicial finding of guilt of,
or is subject to a judicial finding of eligibility for treatment intervention in lieu of
conviction for a violation of Chapter 2907., 2925., or
3719. of the Revised Code or of any substantively
comparable ordinance of a municipal corporation in connection
with practicing as a physician assistant, the prosecutor in the case shall, on
forms
prescribed and provided by the state medical board, promptly
notify the board of the conviction. Within thirty days of
receipt of such information, the board shall initiate action in
accordance with Chapter 119. of the Revised
Code to determine whether to suspend or revoke the
certificate under section 4730.31 4730.25 of the Revised
Code. (C) The prosecutor in any case against any
person holding a valid certificate issued pursuant to this
chapter shall, on forms prescribed and provided by the state
medical board, notify the board of any of the following: (1) A plea of guilty to, a judicial finding of guilt
of, or judicial finding of eligibility for treatment intervention in lieu of conviction
for a felony, or a case where the trial court issues an order of
dismissal upon technical or procedural grounds of a felony
charge; (2) A plea of guilty to, a judicial finding of guilt
of, or judicial finding or eligibility for treatment intervention in lieu of conviction
for a misdemeanor committed in the course of practice, or a case
where the trial court issues an order of dismissal upon technical
or procedural grounds of a charge of a misdemeanor, if the
alleged act was committed in the course of practice; (3) A plea of guilty to, a judicial finding of guilt
of, or judicial finding of eligibility for treatment intervention in lieu of conviction
for a misdemeanor involving moral turpitude, or a case where the
trial court issues an order of dismissal upon technical or
procedural grounds of a charge of a misdemeanor involving moral
turpitude. The report shall include the name and address of the
certificate holder, the nature of the offense for which the
action was taken, and the certified court documents recording the
action.
Sec. 4730.32. (A) Within sixty days after
the imposition of any formal disciplinary
action taken by any a health care facility, including
a hospital, health care facility operated by an insuring
corporation, ambulatory surgical center, or similar
facility, against any
individual holding a valid certificate of registration to practice as a physician
assistant, the chief administrator or executive officer of the facility shall
report to the state medical board the name of the
individual, the action taken by the facility, and a summary of the
underlying facts leading to the action taken. Upon request, the board shall
be provided certified copies of the patient records that were the
basis for the facility's
action. Prior to release to the board, the summary shall be
approved by the peer review committee that reviewed the
case or
by the governing board of the facility. The filing of a report with the board or decision not
to file a report, investigation by the board, or any disciplinary action
taken by the board, does not preclude a health care
facility from taking
disciplinary action against a physician assistant. In the absence of fraud or bad faith, no individual or entity that provides
patient records to the board shall be liable in damages to any
person as a result of providing the records. (B) A physician assistant, professional association
or society of physician assistants,
physician, or professional association or society of
physicians that believes a violation of
any provision of this chapter, Chapter 4731.
of the Revised Code, or rule of the
board has
occurred shall report to the board the information
upon which the belief is based. This division does not require
any treatment provider approved
by the board under section 4731.25 of the Revised
Code or any employee, agent, or representative of such a
provider to make reports with respect to a physician assistant
participating in treatment or aftercare for substance abuse
as long as the physician
assistant maintains participation in accordance with the
requirements of section 4731.25 of the Revised
Code and the treatment provider or
employee, agent, or representative of the provider has no reason to
believe that the physician assistant has violated any
provision of this chapter or rule adopted under it, other than
being impaired by alcohol, drugs, or other substances. This
division does not require reporting by any member of an impaired
practitioner committee established by a health care
facility or by any representative or agent of a committee or program
sponsored by a
professional association or society of physician assistants to provide
peer
assistance to physician assistants with substance abuse problems
with respect to a physician assistant who has been referred for
examination to a treatment program approved by the board under
section 4731.25 of the Revised Code if the
physician assistant cooperates with the referral for examination
and with any determination that the physician assistant should enter treatment
and as
long as the committee member, representative, or agent has no
reason to believe that the physician assistant has ceased to
participate in the treatment program in accordance with section
4731.25 of the Revised Code or has violated any
provision of this chapter or rule adopted under it, other than
being impaired by alcohol, drugs, or other substances. (C) Any professional association or society composed primarily
of physician assistants that suspends or revokes an individual's
membership for violations of professional ethics,
or for reasons of professional incompetence or professional
malpractice, within sixty days after a final decision, shall
report to the board, on forms prescribed and provided by the
board, the name of the individual, the action taken by
the professional organization,
and a summary of the underlying facts leading to the action
taken. The filing or nonfiling of a report with the board,
investigation by the board, or any disciplinary action taken by
the board, shall not preclude a professional
organization from taking
disciplinary action against a physician assistant. (D) Any insurer providing professional
liability insurance to any person holding a valid certificate of
registration to practice as a physician assistant or any other entity that
seeks to indemnify the professional liability of a physician
assistant shall notify the board within thirty days after the
final disposition of any written claim for damages where such
disposition results in a payment exceeding twenty-five thousand
dollars. The notice shall contain the following information: (1) The name and address of the person submitting the
notification; (2) The name and address of the insured who is the
subject of the claim; (3) The name of the person filing the written claim; (4) The date of final disposition; (5) If applicable, the identity of the court in which
the final disposition of the claim took place. (E) The board may investigate possible violations of
this chapter or the rules adopted under it that are brought to its attention
as a result of the
reporting
requirements of this section, except that the board shall
conduct an investigation if a possible violation involves repeated
malpractice. As used in this division,
"repeated malpractice" means three or more claims for
malpractice within the previous five-year period, each
resulting
in a judgment or settlement in excess of twenty-five thousand
dollars in favor of the claimant, and each involving negligent
conduct by the physician assistant. (F) All summaries, reports, and records
received and maintained by the board pursuant to this section
shall be held in confidence and shall not be subject to discovery
or introduction in evidence in any federal or state civil action
involving a physician assistant, supervising physician, or health care
facility arising out of
matters that are the subject of the reporting required by this
section. The board may use the information
obtained only as the basis for
an investigation, as evidence in a disciplinary hearing against
a physician assistant or supervising physician, or in any subsequent trial or
appeal of a
board action or order. The board may disclose the summaries and reports it
receives under this section only to health care facility committees
within or
outside this state that are involved in credentialing or recredentialing a
physician assistant or supervising physician or
reviewing their privilege to
practice within a particular facility. The board shall indicate
whether or not the information has been verified. Information
transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board. (G) Except for reports filed by an individual
pursuant to division (B) of this section, the board shall send a copy
of any reports or summaries it receives
pursuant to this section to the physician assistant. The physician assistant
shall have the right to file a
statement with the board concerning the correctness or relevance
of the information. The statement shall at all times
accompany
that part of the record in contention. (H) An individual or entity
that reports to the board or
refers an impaired physician assistant to a treatment provider
approved by the board under section 4731.25 of the
Revised Code shall not be subject to suit for
civil damages as a result of the report, referral, or provision
of the information. (I) In the absence of fraud or bad faith, a
professional association or society of physician assistants that
sponsors a
committee or program to provide peer assistance to a physician
assistant with substance abuse problems, a representative or
agent of such a committee or program, and a member of the state
medical board shall not be held liable in damages to any person by
reason of actions taken to refer a physician assistant to a
treatment provider approved under section 4731.25 of the
Revised Code for examination or treatment.
Sec. 4730.33. The secretary of the state medical
board shall enforce the laws relating to the
practice of physician assistants. If the secretary has knowledge or notice
of a violation of this chapter or the rules adopted under it, the secretary
shall investigate the matter, and, upon probable cause appearing,
file a complaint and prosecute the offender. When requested by
the secretary, the prosecuting attorney of the proper county
shall take charge of and conduct such prosecution. In the prosecution of any person for violation of division (A)
of section 4730.02 of the Revised Code it shall not be
necessary to allege or
prove want of a valid certificate of registration to practice as a
physician assistant, but such matters shall be a matter of
defense to be established by
the accused.
Sec. 4730.34. In the absence of fraud or bad faith,
the state medical board, the board's physician assistant policy committee, a
current or former board or committee member, an agent of the board or committee,
a person formally requested by the board to be the board's
representative or by the committee to be the committee's representative, or an employee of the board or committee shall not be held
liable in
damages to any person as the result of any act, omission,
proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to this chapter. If any such
person requests to be defended
by the
state against any claim or action arising out of
any act, omission, proceeding, conduct, or decision related to
the person's official duties, and if the request is made in
writing at a reasonable time before trial and the person
requesting defense cooperates in good faith in the defense of the
claim or action, the state shall provide and pay for the
person's defense and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay any part of a
claim or judgment that is for punitive or exemplary
damages.
Sec. 4730.38. (A) Not later than six months after the effective date of this section, the physician assistant policy committee of the state medical board shall submit to the board its initial recommendations regarding physician-delegated prescriptive authority for physician assistants. The committee's recommendations shall address all of the following:
(1) Policy and procedures regarding physician-delegated prescriptive authority, including the issuance of certificates to prescribe under this chapter;
(2) Subject to the limitations specified in section 4730.40 of the Revised Code, a formulary listing the drugs and therapeutic devices by class and specific nomenclature that a supervising physician may include in the physician-delegated prescriptive authority granted to a physician assistant who holds a certificate to prescribe issued under this chapter;
(3) Any issue the committee considers necessary to assist the board in fulfilling its duty to adopt rules governing physician-delegated prescriptive authority, including the issuance of certificates to prescribe.
(B) After the board's adoption of initial rules under section 4730.39 of the Revised Code, the committee shall conduct an annual review of its recommendations regarding physician-delegated prescriptive authority. Based on its review, the committee shall submit recommendations to the board as the committee considers necessary.
(C) Recommendations submitted under this section are subject to the procedures and time frames specified in division (C) of section 4730.06 of the Revised Code.
Sec. 4730.39. (A) Not later than six months after receiving the initial recommendations of the physician assistant policy committee submitted pursuant to division (A) of section 4730.38 of the Revised Code, the state medical board shall adopt rules governing physician-delegated prescriptive authority for physician assistants, including the issuance of certificates to prescribe under this chapter. The board's rules shall establish all of the following:
(1) Subject to the limitations specified in section 4730.40 of the Revised Code, a formulary listing the drugs and therapeutic devices by class and specific generic nomenclature that a physician may include in the physician-delegated prescriptive authority granted to a physician assistant who holds a certificate to prescribe under this chapter;
(2) Requirements regarding the pharmacology courses that a physician assistant is required to complete to receive a certificate to prescribe;
(3) Standards and procedures for the issuance and renewal of certificates to prescribe to physician assistants;
(4) Standards and procedures for the appropriate conduct of the provisional period that a physician assistant is required to complete pursuant to section 4730.45 of the Revised Code and for determining whether a physician assistant has successfully completed the provisional period;
(5) A specific prohibition against prescribing any drug or device to perform or induce an abortion;
(6) Standards and procedures to be followed by a physician assistant in personally furnishing samples of drugs or complete or partial supplies of drugs to patients under section 4730.43 of the Revised Code;
(7) Any other requirements the board considers necessary to implement the provisions of this chapter regarding physician-delegated prescriptive authority and the issuance of certificates to prescribe.
(B) After adopting the initial rules, the board shall conduct an annual review of the rules. Based on its review, the board shall make any necessary modifications to the rules.
(C) All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code. When adopting the initial rules, the board shall consider the recommendations of the physician assistant policy committee submitted pursuant to division (A) of section 4730.38 of the Revised Code. When making any modifications to the rules subsequent to its annual review of the rules, the board shall consider the committee's recommendations submitted pursuant to division (B) of section 4730.38 of the Revised Code.
Sec. 4730.40. (A) Subject to divisions (B) and (C) of this section, the formulary established by the state medical board in rules adopted under section 4730.39 of the Revised Code listing the drugs and therapeutic devices by class and specific nomenclature that a supervising physician may include in the physician-delegated prescriptive authority granted to a physician assistant who holds a certificate to prescribe issued under this chapter may include any or all of the following drugs:
(1) Schedule III, IV, and V controlled substances;
(2) Drugs that under state or federal law may be dispensed only pursuant to a prescription by a licensed health professional authorized to prescribe drugs, as defined in section 4729.01 of the Revised Code;
(3) Any drug that is not a dangerous drug, as defined in section 4729.01 of the Revised Code.
(B) The formulary established in the board's rules shall not include, and shall specify that it does not include, the following:
(1) Any schedule II controlled substance;
(2) Any drug or device used to perform or induce an abortion.
(C) When adopting rules establishing the initial formulary, the board shall include provisions ensuring that a physician assistant who holds a certificate to prescribe issued under this chapter may be granted physician-delegated prescriptive authority for all drugs and therapeutic devices that may be prescribed on the effective date of the rules by a holder of a certificate to prescribe issued by the board of nursing under Chapter 4723. of the Revised Code, with the exception of schedule II controlled substances. To the extent permitted by division (A) of this section, the initial formulary may include additional drugs or therapeutic devices.
Sec. 4730.401. Notwithstanding the provisions of this chapter referring to the formulary established in rules adopted by the state medical board under section 4730.39 of the Revised Code, all of the following apply:
(A) If the state medical board has adopted all rules necessary to issue certificates to prescribe under this chapter other than the formulary, the board shall begin issuing the certificates to prescribe, and the formulary established under Chapter 4723. of the Revised Code shall constitute the formulary of drugs and therapeutic devices that a physician may include in the physician-delegated prescriptive authority granted to a physician assistant who holds a certificate to prescribe issued under this chapter. The application of the formulary established under Chapter 4723. of the Revised Code shall cease on the effective date of the initial rules establishing a formulary under section 4730.39 of the Revised Code.
(B) During the period specified in division (A) of this section, all changes relative to the formulary established under Chapter 4723. of the Revised Code shall apply in like manner to physician-delegated prescriptive authority for physician assistants.
(C) Notwithstanding the inclusion of schedule II controlled substances in the formulary established under Chapter 4723. of the Revised Code, the formulary that applies to physician-delegated prescriptive authority for physician assistants under this section shall not include schedule II controlled substances.
Sec. 4730.41. (A) A certificate to prescribe issued under this chapter authorizes a physician assistant to prescribe and personally furnish drugs and therapeutic devices in the exercise of physician-delegated prescriptive authority.
(B) In exercising physician-delegated prescriptive authority, a physician assistant is subject to all of the following:
(1) The physician assistant shall exercise physician-delegated prescriptive authority only to the extent that the physician supervising the physician assistant has granted that authority.
(2) The physician assistant shall comply with all conditions placed on the physician-delegated prescriptive authority, as specified by the supervising physician who is supervising the physician assistant in the exercise of physician-delegated prescriptive authority.
(3) If the physician assistant possesses physician-delegated prescriptive authority for controlled substances, the physician assistant shall register with the federal drug enforcement administration.
Sec. 4730.42. (A) In granting physician-delegated prescriptive authority to a particular physician assistant who holds a certificate to prescribe issued under this chapter, the supervising physician is subject to all of the following:
(1) The supervising physician shall not grant physician-delegated prescriptive authority for any drug or therapeutic device that is not listed on the formulary established in rules adopted under section 4730.39 of the Revised Code as a drug or therapeutic device that may be included in the physician-delegated prescriptive authority granted to a physician assistant.
(2) The supervising physician shall not grant physician-delegated prescriptive authority for any drug or device that may be used to perform or induce an abortion.
(3) The supervising physician shall not grant physician-delegated prescriptive authority in a manner that exceeds the supervising physician's prescriptive authority.
(4) The supervising physician shall supervise the physician assistant in accordance with all of the following:
(a) The supervision requirements specified in section 4730.21 of the Revised Code and, in the case of supervision provided during a provisional period of physician-delegated prescriptive authority, the supervision requirements specified in section 4730.45 of the Revised Code;
(b) The physician supervisory plan approved for the supervising physician or the policies of the health care facility in which the physician and physician assistant are practicing;
(c) The supervision agreement approved under section 4730.19 of the Revised Code that applies to the supervising physician and the physician assistant.
(B)(1) The supervising physician of a physician assistant may place conditions on the physician-delegated prescriptive authority granted to the physician assistant. If conditions are placed on that authority, the supervising physician shall maintain a written record of the conditions and make the record available to the state medical board on request.
(2) The conditions that a supervising physician may place on the physician-delegated prescriptive authority granted to a physician assistant include the following:
(a) Identification by class and specific generic nomenclature of drugs and therapeutic devices that the physician chooses not to permit the physician assistant to prescribe;
(b) Limitations on the dosage units or refills that the physician assistant is authorized to prescribe;
(c) Specification of circumstances under which the physician assistant is required to refer patients to the supervising physician or another physician when exercising physician-delegated prescriptive authority;
(d) Responsibilities to be fulfilled by the physician in supervising the physician assistant that are not otherwise specified in the physician supervisory plan or otherwise required by this chapter.
Sec. 4730.43. (A) A physician assistant who holds a certificate to prescribe issued under this chapter and has been granted physician-delegated prescriptive authority by a supervising physician may personally furnish to a patient samples of drugs and therapeutic devices that are included in the physician assistant's physician-delegated prescriptive authority, subject to all of the following:
(1) The amount of the sample furnished shall not exceed a seventy-two hour supply, except when the minimum available quantity of the sample is packaged in an amount that is greater than a seventy-two hour supply, in which case the physician assistant may furnish the sample in the package amount.
(2) No charge may be imposed for the sample or for furnishing it.
(3) Samples of controlled substances may not be personally furnished.
(B) A physician assistant who holds a certificate to prescribe issued under this chapter and has been granted physician-delegated prescriptive authority by a supervising physician may personally furnish to a patient a complete or partial supply of the drugs and therapeutic devices that are included in the physician assistant's physician-delegated prescriptive authority, subject to all of the following:
(1) The physician assistant shall personally furnish only antibiotics, antifungals, scabicides, contraceptives, prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia.
(2) The physician assistant shall not furnish the drugs and devices in locations other than a health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code, a federally funded comprehensive primary care clinic, or a nonprofit health care clinic or program.
(3) The physician assistant shall comply with all standards and procedures for personally furnishing supplies of drugs and devices, as established in rules adopted under section 4730.39 of the Revised Code.
Sec. 4730.44. (A) A physician assistant seeking a certificate to prescribe shall submit to the state medical board a written application on a form prescribed and supplied by the board. The application shall include all of the following information:
(1) The applicant's name, residential address, business address, if any, and social security number;
(2) Evidence of holding a valid certificate to practice as a physician assistant issued under this chapter;
(3) Satisfactory proof that the applicant meets the requirements specified in section 4730.46 of the Revised Code to participate in a provisional period of physician-delegated prescriptive authority or satisfactory proof of successful completion of the provisional period, evidenced by a letter or copy of a letter attesting to the successful completion written by a supervising physician of the physician assistant at the time of completion;
(4) Any other information the board requires.
(B) At the time of making application for a certificate to prescribe, the applicant shall pay the board a fee of one hundred dollars, no part of which shall be returned. The fees shall be deposited in accordance with section 4731.24 of the Revised Code.
(C) The board shall review all applications received. If an application is complete and the board determines that the applicant meets the requirements for a certificate to prescribe, the board shall issue the certificate to the applicant. The initial certificate to prescribe issued to an applicant shall be issued as a provisional certificate to prescribe.
Sec. 4730.45. (A) A provisional certificate to prescribe issued under section 4730.44 of the Revised Code authorizes the physician assistant holding the certificate to participate in a provisional period of physician-delegated prescriptive authority. The physician assistant shall successfully complete the provisional period as a condition of receiving a new certificate to prescribe.
(B) The provisional period shall be conducted by one or more supervising physicians in accordance with rules adopted under section 4730.39 of the Revised Code. When supervising a physician assistant who is completing the first five hundred hours of a provisional period, the supervising physician shall provide on-site supervision of the physician assistant's exercise of physician-delegated prescriptive authority.
The provisional period shall last not longer than one year, unless it is extended for not longer than one additional year at the direction of a supervising physician. The physician assistant shall not be required to participate in the provisional period for more than one-thousand-eight-hundred hours, except when a supervising physician has extended the physician assistant's provisional period.
(C) If a physician assistant does not successfully complete the provisional period, each supervising physician shall cease granting physician-delegated prescriptive authority to the physician assistant. The supervising physician with primary responsibility for conducting the provisional period shall promptly notify the state medical board that the physician assistant did not successfully complete the provisional period and the board shall revoke the certificate.
(D) A physician assistant who successfully completes a provisional period shall not be required to complete another provisional period as a condition of being eligible to be granted physician-delegated prescriptive authority by a supervising physician who was not involved in the conduct of the provisional period.
Sec. 4730.46. (A) To be eligible to participate in the provisional period of physician-delegated prescriptive authority required by section 4730.45 of the Revised Code, both of the following apply:
(1) The physician assistant shall meet the educational requirements specified in division (B)(1) of this section or the educational and clinical experience requirements specified in division (B)(2) of this section.
(2) The physician assistant shall successfully complete the pharmacology instruction specified in division (C) of this section.
(B)(1) For purposes of division (A)(1) of this section, a physician assistant shall meet either of the following educational requirements unless division (B)(2) of this section applies:
(a) The physician assistant shall hold a master's or higher degree that was obtained from a program accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the state medical board.
(b) The physician assistant shall hold a degree other than a master's or higher degree that was obtained from a school or program accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the board and shall hold a master's or higher degree in a course of study with clinical relevance to the practice of physician assistants that was obtained from a program accredited by a regional or specialized and professional accrediting agency recognized by the council for higher education accreditation.
(2) Until two years after the effective date of the initial rules adopted under section 4730.39 of the Revised Code, a physician assistant who does not hold a master's or higher degree as specified in division (B)(1) of this section is eligible to participate in a provisional period if both of the following apply:
(a) The physician assistant holds a degree other than a master's or higher degree that was obtained from a program accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the board.
(b) The physician assistant has obtained not less than ten years of clinical experience as a physician assistant in this state or another jurisdiction, three years of which were obtained in the five-year period immediately preceding the date the evidence is submitted to the supervising physician.
(C) For purposes of division (A)(2) of this section, all of the following conditions shall be met:
(1) The pharmacology instruction shall be completed not longer than three years prior to applying for the certificate to prescribe.
(2) The instruction shall be obtained through a course of study consisting of planned classroom or continued education and clinical study that meets either of the following conditions:
(a) It is accredited by the accreditation review commission on education for the physician assistant or a predecessor or successor organization recognized by the board.
(b) It is approved by the board in accordance with standards established in rules adopted under section 4730.39 of the Revised Code.
(3) The content of the instruction shall include all of the following:
(a) A minimum of thirty contact hours of training in pharmacology that includes pharmacokinetic principles and clinical application and the use of drugs and therapeutic devices in the prevention of illness and maintenance of health;
(b) A minimum of twenty contact hours of clinical training in pharmacology;
(c) A minimum of fifteen contact hours including training in the fiscal and ethical implications of prescribing drugs and therapeutic devices and training in the state and federal laws that apply to the authority to prescribe;
(d) Any additional training required pursuant to rules adopted under section 4730.39 of the Revised Code.
Sec. 4730.47. (A) After a physician assistant successfully completes the provisional period of physician-delegated prescriptive authority required under section 4730.45 of the Revised Code, the physician assistant may apply for a new certificate to prescribe.
(B) A supervising physician participating in the provisional period may continue to grant physician-delegated prescriptive authority to the physician assistant pursuant to the provisional certificate to prescribe until one of the following occurs:
(1) The supervision agreement between the supervising physician and the physician assistant expires;
(2) The supervision agreement is terminated;
(3) A decision is made by the state medical board regarding an application submitted by the physician assistant for a new certificate to prescribe.
Sec. 4730.48. (A) Except in the case of a provisional certificate to prescribe, a physician assistant's certificate to prescribe expires on the same date as the physician assistant's certificate to practice as a physician assistant, as provided in section 4730.14 of the Revised Code. The certificate to prescribe may be renewed in accordance with this section.
A person seeking to renew a certificate to prescribe shall, on or before the thirty-first day of January of each even-numbered year, apply for renewal of the certificate. The state medical board shall send renewal notices at least one month prior to the expiration date. The notice may be sent as part of the notice sent for renewal of the certificate to practice.
Applications for renewal shall be submitted to the board on forms the board shall prescribe and furnish. An application for renewal of a certificate to prescribe may be submitted in conjunction with an application for renewal of a certificate to practice.
Each application for renewal of a certificate to prescribe shall be accompanied by a biennial renewal fee of fifty dollars. The board shall deposit the fees in accordance with section 4731.24 of the Revised Code.
The applicant shall report any criminal offense that constitutes grounds under section 4730.25 of the Revised Code for refusing to issue a certificate to prescribe to which the applicant has pleaded guilty, of which the applicant has been found guilty, or for which the applicant has been found eligible for intervention in lieu of conviction, since last signing an application for a certificate to prescribe.
(B) The board shall review all renewal applications received. If an applicant submits a complete renewal application and meets the requirements for renewal specified in section 4730.49 of the Revised Code, the board shall issue to the applicant a renewed certificate to prescribe.
Sec. 4730.49. (A) To be eligible for renewal of a certificate to prescribe, an applicant shall complete every two years at least twelve hours of continuing education in pharmacology from an accredited institution recognized by the state medical board. Except as provided in division (B) of this section and in section 5903.12 of the Revised Code, the continuing education shall be completed not later than the thirty-first day of January of each even-numbered year.
(B) The state medical board shall provide for pro rata reductions by month of the number of hours of continuing education in pharmacology that is required to be completed for physician assistants who are in their first certification period after completing the provisional period required under section 4730.45 of the Revised Code, who have been disabled due to illness or accident, or who have been absent from the country. The board shall adopt rules, in accordance with Chapter 119. of the Revised Code, as necessary to implement this division.
(C) The continuing education required by this section is in addition to the continuing education required under section 4730.14 of the Revised Code.
Sec. 4730.50. If a physician assistant holds a certificate to prescribe and the physician assistant's certificate to practice expires, the physician assistant's certificate to prescribe is lapsed until the certificate to practice is reinstated. If a sanction under section 4730.25 of the Revised Code applies to a physician assistant's certificate to practice, the same sanction is placed on the physician assistant's certificate to prescribe while the sanction applies to the certificate to practice.
Sec. 4730.51. In the information the board maintains on the internet, the state medical board shall include the following:
(A) The name of each physician assistant who holds a certificate to prescribe under this chapter;
(B) For each physician assistant who holds a certificate to prescribe, the name of each supervising physician who has authority to grant physician-delegated prescriptive authority to the physician assistant.
Sec. 4730.52. On application by the holder of a certificate to prescribe issued under this chapter, the state medical board shall issue a duplicate certificate to replace one that is missing or damaged, to reflect a name change, or for any other reasonable cause. The fee for a duplicate certificate is thirty-five dollars. All fees collected under this section shall be deposited in accordance with section 4731.24 of the Revised Code.
Sec. 4731.141. Any person who was authorized in practice
limited osteopathic medicine and surgery on January 1, 1980, may
continue to practice in accordance with the statutory limitations
in effect on that date. The board shall regulate such
practitioners and shall require them to register on or before the
first day of June, 1983, and on or before the first day of June
every second year thereafter, on a form prescribed by the board
and pay at such time a biennial registration fee of twenty-five
dollars. At least one month in advance of the date of
registration, a written notice shall be sent to such
practitioners, whether a resident of the state or not, at the
last known address, that the biennial registration fee is due on
or before the first day of June. All such practitioners shall
provide the board written notice of any change of address. A
holder of a certificate to practice under this section shall have his
the certificate automatically suspended if the registration fee is not paid by the
first day of September of the same year, and continued practice
after the suspension shall be considered as practicing without a
license in violation of section 4731.43 of the Revised Code. An
applicant for reinstatement of a certificate to practice
suspended for failure to register shall submit his the
applicant's current and
delinquent registration fees and a penalty in the sum of
twenty-five dollars. Any certificate of registration to practice issued pursuant to this
section may be refused, limited, revoked, or suspended, an
applicant may be denied certification or reinstatement, or the
holder of a certificate may be reprimanded, or placed on
probation as provided in section 4731.22 of the Revised Code.
Sec. 5903.12. (A) As used in this section: (1)
"Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to,
the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, 4736.11,
4741.16,
4741.19,
4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and
4763.07
of the Revised Code. (2)
"License" means a license, certificate, permit, or
other
authorization issued or conferred by a licensing agency
under
which a licensee may engage in a profession, occupation, or
occupational activity. (3)
"Licensee" means a person to whom all of the following
apply: (a) The person has been issued a license by a licensing
agency. (b) The person is a member of the Ohio national guard, the
Ohio
military reserve, the Ohio naval militia, or a reserve
component
of the armed forces of the United States. (c) The person has been called to active duty, whether
inside or
outside the United States, because of an executive order
issued
by the president of the United States or an act of
congress, for
a period in excess of thirty-one days. (4)
"Licensing agency" means any state department,
division,
board, commission, agency, or other state governmental
unit
authorized by the Revised Code to issue a license. (5)
"Reporting period" means the period of time during
which
a licensee must complete the number of hours of continuing
education required of the licensee by law. (B) Each licensing agency, upon receiving an application
from one of its licensees that is accompanied by proper
documentation certifying that the licensee has been called to
active duty
as described in division (A)(3)(c) of this section
during the
current or a prior reporting period and certifying the
length of
that active duty, shall extend the current reporting
period by an
amount of time equal to the total number of months
that the
licensee spent on active duty during the current
reporting
period. For purposes of this division, any portion of a
month
served on active duty shall be considered one full month.
Section 2. That existing sections 1.64, 1751.01, 2305.113, 2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, 4730.34, 4731.141, and 5903.12 and sections 4730.15 and 4730.17 of the Revised Code are hereby repealed.
Section 3. In addition to adopting rules under section 4730.39 of the Revised Code governing physician-delegated prescriptive authority for physician assistants, the State Medical Board shall, not later than six months after the effective date of this section, adopt, amend, and rescind any other rules necessary to implement the remaining provisions of this act. The rules adopted under Chapter 4730. of the Revised Code that are in effect immediately prior to the effective date of this act shall continue in effect until rules are adopted, amended, or rescinded in accordance with the provisions of this act. Section 4. (A) Notwithstanding the provisions of section 4730.05 of the Revised Code specifying that the terms of office of members of the Physician Assistant Policy Committee of the State Medical Board are two years, the Board shall appoint the initial pharmacist members of the Committee for terms ending on the same date as the terms of the members of the Committee in office immediately prior to the effective date of this act.
(B) Notwithstanding the provisions of section 4730.05 of the Revised Code specifying that the terms of office of members of the Committee are two years, on the expiration date of the terms of the members of the Committee in office immediately prior to the effective date of this act and of the members of the Committee appointed pursuant to division (A) of this section, the Board shall do the following:
(1) Appoint two physicians for terms ending two years after the date of appointment and one physician for a term ending one year after the date of appointment;
(2) Appoint two physician assistants for terms ending two years after the date of appointment and one physician assistant for a term ending one year after the date of appointment;
(3) Appoint one pharmacist for a term ending two years after the date of appointment and one pharmacist for a term ending one year after the date of appointment;
(4) Appoint the member who is not affiliated with any health care profession for a term ending one year after the date of appointment.
(C) After the terms specified in this section, terms of office shall be two years and appointments shall be made in accordance with section 4730.05 of the Revised Code.
Section 5. This act does not require the State Medical Board to invalidate the supervision agreements between physicians and physician assistants that are in effect immediately prior to the effective date of this act. Section 6. Section 3719.81 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 454 and Am. Sub. S.B. 80 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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