130th Ohio General Assembly
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S. B. No. 53  As Re-referred to the Senate Judiciary--Criminal Justice Committee
As Re-referred to the Senate Judiciary--Criminal Justice Committee

126th General Assembly
Regular Session
2005-2006
S. B. No. 53


Senators Carey, Zurz, Harris, Jacobson, Padgett, Clancy, Grendell, Fedor, Miller 



A BILL
To amend section 3734.28 and to enact sections 2927.30 and 3719.47 of the Revised Code to govern pseudoephedrine sales in Ohio and to allow Hazardous Waste Clean-up Fund moneys to be used to address contamination caused by the operation of illegal methamphetamine manufacturing laboratories.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3734.28 be amended and sections 2927.30 and 3719.47 of the Revised Code be enacted to read as follows:
Sec. 2927.30. (A) As used in this section:
(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
(2) "Drug," "licensed health professional authorized to prescribe drugs," "prescription," and "terminal distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code.
(3) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
(4) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
(5) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient.
(6) "Retailer" means a place of business that offers consumer products for sale to the general public.
(7) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient.
(B) No individual shall purchase, receive, or otherwise acquire more than six grams of any pseudoephedrine product within a period of thirty days, unless dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health care professional authorized to prescribe drugs.
(C)(1) Except as provided in division (C)(2) of this section, no retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual within a thirty day period an amount of pseudoephedrine product that is greater than the lesser of two packages or six grams.
(2) Division (C)(1) of this section does not apply to any quantity of pseudoephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs.
(D)(1) Except as provided in division (D)(2) of this section, no retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product to an individual who is under eighteen years of age.
(2) This division does not apply to any of the following:
(a) A licensed health professional authorized to prescribe drugs or a pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age;
(b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product to the individual;
(c) A person who, as authorized by the individual's parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age.
(E) No employee of a retailer or terminal distributor of dangerous drugs who is under eighteen years of age shall sell, offer to sell, hold for sale, deliver, or otherwise provide any pseudoephedrine product to any individual.
Sec. 3719.47. (A) As used in this section:
(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
(2) "Drug," "licensed health professional authorized to prescribe drugs," "prescription," and "terminal distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code.
(3) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
(4) "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under sections 4507.50 to 4507.52 of the Revised Code that shows a person is eighteen years of age or older.
(5) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
(6) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient.
(7) "Retailer" means a place of business that offers consumer products for sale to the general public.
(8) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient.
(B) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall do all of the following:
(1) Segregate pseudoephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor;
(2) With regard to each time a pseudoephedrine product is sold or otherwise provided:
(a) Determine, by examination of a valid proof of age, that the purchaser or recipient is at least eighteen years of age;
(b) Make a reasonable attempt to ensure that no individual purchases or receives more than the lesser of two product units or six grams of pseudoephedrine products within a thirty-day period.
(C)(1) Except as provided in division (C)(2) of this section, no retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual an amount of pseudoephedrine product that is greater than the lesser of two packages or six grams within a thirty day period.
(2) This division does not apply to any quantity of pseudoephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs.
(D)(1) Except as provided in division (D)(2) of this section, no retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide any pseudoephedrine product to an individual who is under eighteen years of age.
(2) This division does not apply to any of the following:
(a) A licensed health professional authorized to prescribe drugs or a pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age;
(b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product to the individual;
(c) A person who, as authorized by the individual's parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age.
(E) No employee of a retailer or terminal distributor of dangerous drugs who is under eighteen years of age shall sell, offer to sell, hold for sale, deliver, or otherwise provide any pseudoephedrine product to any individual.
(F) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the state board of pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the state medical board and its employees for purposes of enforcing Chapter 4731. of the Revised Code. No person having knowledge of any such prescription, order, or record shall divulge that knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer, to which prosecution or proceeding the person to whom the prescriptions, orders, or records relate is a party.
(G) The state board of pharmacy may, by rule adopted in accordance with Chapter 119. of the Revised Code, exempt from this section pseudoephedrine products that the board finds are not used in the illegal manufacture of methamphetamine. The board may exempt a pseudoephedrine product from this section if the product is determined by the board to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.
Sec. 3734.28.  All moneys collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised Code and natural resource damages collected by the state under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall be paid into the state treasury to the credit of the hazardous waste clean-up fund, which is hereby created. The environmental protection agency shall use the moneys in the fund for the purposes set forth in division (D) of section 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, and, through October 15, 2005, divisions (A)(1) and (2) of section 3745.12 and Chapter 3746. of the Revised Code, including any related enforcement expenses. In
In addition, the agency shall use the moneys in the fund to pay the state's long-term operation and maintenance costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," as amended. If those moneys are reimbursed by grants or other moneys from the United States or any other person, the moneys shall be placed in the fund and not in the general revenue fund.
The agency may also use the moneys in the fund to investigate, mitigate, minimize, remove, or abate any contamination caused by the operation of an illegal methamphetamine manufacturing laboratory, as defined in division (B) of section 3745.13 of the Revised Code.
Section 2. That existing section 3734.28 of the Revised Code is hereby repealed.
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