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(127th General Assembly)
(Substitute Senate Bill Number 203)
AN ACT
To amend sections 3719.21, 4729.99, 4776.02, and
4776.04 and to
enact section 4729.42 of
the
Revised
Code to prohibit unauthorized
pharmacy-related drug conduct relative to persons
employed as
pharmacy
technicians.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3719.21, 4729.99, 4776.02, and
4776.04 be amended and section 4729.42 of the Revised Code be
enacted to read as
follows:
Sec. 3719.21. Except as provided in division (C) of section
2923.42, division (B) of section 2923.44, divisions
(D)(1),
(F),
and (H) of section 2925.03, division (D)(1) of
section
2925.02,
2925.04, or 2925.05, division (E)(1) of section
2925.11,
division
(F) of section 2925.13, division (F) of section
2925.36,
division
(D) of section 2925.22, division (H) of section
2925.23,
division
(M)
of section 2925.37, division (B) of
section
2925.42, division
(B) of section 2929.18, division
(D) of
section
3719.99,
division
(B)(1) of section 4729.65, and
division
(E)(3)
of section
4729.99, and division (I)(3) of section
4729.99 of the Revised
Code,
the clerk
of the
court
shall pay all
fines or forfeited
bail
assessed and
collected
under
prosecutions
or prosecutions
commenced for
violations of
this
chapter,
section
2923.42 of the
Revised Code,
or Chapter
2925. of
the Revised
Code,
within
thirty days, to the
executive
director of
the state
board of
pharmacy,
and the
executive
director shall
deposit the
fines
into the state
treasury
to the
credit of the
occupational
licensing and regulatory fund.
Sec. 4729.42. (A) As used in this section, "qualified
pharmacy technician" means a person who is under the personal
supervision of a pharmacist and to whom
all of the following
apply:
(1) The person is eighteen years of age or older.
(2) The person possesses a high school diploma, possesses a
certificate of high school equivalence, or was employed prior to
the effective date of this section as a pharmacy technician
without a high school diploma or a certificate of high school
equivalence.
(3) The person has passed an examination approved by the
state board of pharmacy to determine a person's competency to
perform services as a pharmacy technician.
(4) Except as otherwise provided in this section, the person
has submitted to a criminal records check in
accordance with
section 4776.02 of the Revised Code as if the
person was an
applicant for an initial license who is subject to
that section,
and the results of the criminal records check do not
show that
the person previously has been convicted of or pleaded
guilty to
any felony in this state, any other state, or the United
States.
(B) Except as provided in division (E) of this section, no
person who is not a pharmacist, pharmacy
intern, or qualified
pharmacy technician shall do any
of the following in a
pharmacy
or while performing a function of a pharmacy:
(1) Engage in the compounding of any drug;
(2) Package or label any drug;
(3) Prepare or mix any intravenous drug to be injected
into
a human being.
(C) No pharmacist shall allow any person employed
or
otherwise under the control of the pharmacist to violate
division
(B) of this section.
(D) No person who owns, manages, or conducts a pharmacy shall
allow any person employed or otherwise under the
control of the
person who owns, manages, or conducts the pharmacy
to violate
division (B) of this section.
(E)(1) Division (B) of this section does not prohibit a
health care professional authorized to engage in the activities
specified in division (B)(1), (2), or (3) of this section while
acting in the course of the professional's practice.
(2) Division (B) of this section does not prohibit the
activities performed by a student as an integral part of a
pharmacy technician training program that is operated by a
vocational school district or joint vocational school district,
certified by the department of education, or approved by the Ohio
board of regents.
(3) In the case of a person employed after the effective date
of this section, division (B) of this section does not prohibit
the person's activities for the first two hundred ten days
following the initial date of employment, if both of the following
apply:
(a) The person is participating in or has completed a
pharmacy technician
training program that meets the board's
standards for those
programs and is making substantial progress
in preparation to take
a pharmacy technician examination approved
by the board.
(b) The results of the person's criminal records check show
that the person previously has not been convicted of or has not
pleaded guilty to any felony in this state, any other state, or
the United States.
(4) In the case of a person who completes a pharmacy
technician training program that is operated by a vocational
school district or joint vocational school district, division (B)
of this section does not prohibit the person's activities for the
first two hundred ten days following the date of completing the
program, if both of the following apply:
(a) The person is making substantial progress in preparation
to take a pharmacy technician examination approved by the board.
(b) The results of the person's criminal records check show
that the person previously has not been convicted of or has not
pleaded guilty to any felony in this state, any other state, or
the United States.
(5) In the case of a person employed on the effective date of
this section in the capacity of a pharmacy technician, division
(B) of this section does not do either of the following:
(a) Require the person to undergo a criminal records check if
the person has been employed for five years or longer;
(b)
Prohibit the person's activities
until the earlier of
either of the following:
(i) If the person has not passed an examination described in
division (A)(3) of this section, one year after the effective date
of this section;
(ii) If a criminal records check is required because the
person has not been employed for five years or longer, the date on
which the person and the employer receive the
results of a
criminal records check that show the person
previously has been
convicted of or pleaded guilty to any felony
in this state, any
other state, or the United States.
Sec. 4729.99. (A) Whoever violates section 4729.16,
division
(A) or (B) of section 4729.38, or section 4729.57 of the
Revised
Code is guilty of a minor misdemeanor. Each day's
violation
constitutes a separate offense.
(B) Whoever violates section 4729.27, 4729.28, or 4729.36
of
the Revised Code is guilty of a misdemeanor of the
third
degree.
Each day's violation constitutes a separate offense.
If
the
offender previously has been convicted of or pleaded guilty
to a
violation of this
chapter, that person is guilty of a
misdemeanor
of the second
degree.
(C) Whoever violates section 4729.32, 4729.33, or 4729.34
of
the Revised Code is guilty of a misdemeanor.
(D) Whoever violates division (A), (B), (D), or (E) of
section 4729.51 of the Revised Code is guilty of a misdemeanor of
the first degree.
(E)(1) Whoever violates section 4729.37, division (C)(2) of
section 4729.51, division (J) of section 4729.54, or section
4729.61 of the Revised Code is guilty of a felony of the
fifth
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of
Chapter 2925. or 3719. of the Revised Code, that person is guilty
of a felony
of the fourth degree.
(2) If an offender is convicted of or pleads guilty to a
violation of section 4729.37, division (C) of section 4729.51,
division (J) of section 4729.54, or section 4729.61 of the
Revised
Code, if the violation involves the sale, offer to
sell, or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender as a result
of the violation
is a major drug offender, as defined in section
2929.01 of
the
Revised Code, 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 authorized or required by division (E)(1)
of
this section and sections 2929.13 and 2929.14 of the Revised
Code and in addition to any other sanction imposed for the offense
under sections 2929.11 to 2929.18 of the Revised
Code, shall
impose upon the offender, in accordance with division
(D)(3)(a) of
section 2929.14 of the Revised
Code, the mandatory prison term
specified in that
division and may
impose an additional prison
term under division
(D)(3)(b) of that section.
(3) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of court shall pay any
fine imposed
for a violation of section 4729.37, division (C) of
section
4729.51,
division (J) of section 4729.54, or section 4729.61 of
the
Revised Code pursuant to division (A)
of section
2929.18 of
the Revised Code in accordance with
and subject
to the
requirements of division (F) of section 2925.03
of the
Revised
Code. The agency that receives the
fine shall use
the fine as
specified in division (F) of section 2925.03
of the
Revised Code.
(F) Whoever violates section 4729.531 of the Revised Code
or
any rule adopted thereunder or section 4729.532 of the Revised
Code is guilty of a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of
section 4729.51
of
the Revised Code is guilty of a felony of the
fourth
degree. If
the offender has previously been convicted of or
pleaded guilty to
a
violation of
this chapter, or of a violation of Chapter 2925. or
3719. of the
Revised Code, that person is guilty of a felony of
the
third degree.
(H) Whoever violates division (C)(3) of section 4729.51
of
the Revised Code is guilty of a misdemeanor of the first
degree.
If the offender has previously been convicted of or pleaded guilty
to a violation of this chapter, or of a violation of Chapter 2925.
or
3719. of the Revised Code, that person is guilty of a felony of
the fifth degree.
(I)(1) Whoever violates division (B) of section 4729.42 of
the Revised Code is
guilty of unauthorized pharmacy-related drug
conduct. Except as
otherwise provided in this section,
unauthorized pharmacy-related
drug conduct is a misdemeanor of
the second degree. If the offender
previously has been convicted
of or pleaded guilty to a violation
of division (B), (C), or (D)
of that section, unauthorized
pharmacy-related drug conduct is a
misdemeanor of the first degree on a second offense and a felony
of the fifth degree on a third or subsequent offense.
(2) Whoever violates division (C) or (D) of section 4729.42
of the Revised Code is
guilty of permitting unauthorized
pharmacy-related drug conduct.
Except as otherwise provided in
this section, permitting
unauthorized pharmacy-related drug
conduct is a misdemeanor of the
second degree. If the offender
previously has been convicted of or
pleaded guilty to a violation
of division (B), (C), or (D) of that
section, permitting
unauthorized pharmacy-related drug conduct is
a misdemeanor of
the first degree on a second offense and a felony of the fifth
degree on a third or subsequent offense.
(3) Notwithstanding any contrary
provision of section
3719.21 of the Revised Code or any other
provision of law that
governs the distribution of fines, the clerk
of the court shall
pay any fine imposed pursuant to division (I)(1) or (2) of this
section
to the state board of pharmacy if the board has adopted a
written
internal control policy under division (F)(2) of section
2925.03
of the Revised Code that addresses fine moneys that it
receives
under Chapter 2925. of the Revised Code and if the
policy also
addresses fine moneys paid under this division. The
state board of
pharmacy shall use the fines so paid in accordance
with the
written internal control policy to subsidize the board's
law
enforcement efforts that pertain to drug offenses.
Sec. 4776.02. (A) An applicant for an initial license or
restored license from a licensing agency, or a person seeking to
satisfy the criteria for being a qualified pharmacy technician
that are specified in section 4729.42 of the Revised Code, shall
submit a request to
the bureau of criminal identification and
investigation for a
criminal records check of the applicant or
person. The request shall be
accompanied by a completed copy of
the form prescribed under
division (C)(1) of section 109.572 of
the Revised Code, a set of
fingerprint impressions obtained as
described in division (C)(2)
of that section, and the fee
prescribed under division (C)(3) of
that section. The applicant
or person shall ask the superintendent of the
bureau of criminal
identification and investigation in the request
to obtain from
the federal bureau of investigation any information
it has
pertaining to the applicant or person.
An applicant or person requesting a criminal records check
shall
provide the bureau of criminal identification and
investigation
with the applicant's or person's name and address
and, regarding an applicant, with the licensing
agency's name and
address.
(B) Upon receipt of the completed form, the set of
fingerprint impressions, and the fee provided for in division (A)
of this section, the superintendent shall conduct a criminal
records check of the applicant or person under division (B) of
section
109.572 of the Revised Code. Upon completion of the
criminal
records check, the superintendent shall report the
results of the
criminal records check and any information the
federal bureau of
investigation provides to whichever of the
following is applicable:
(1) If the request was submitted by an applicant for an
initial license or restored license, to the licensing agency
identified in the
request for a criminal records check;
(2) If the request was submitted by a person seeking to
satisfy the criteria for being a qualified pharmacy technician
that are specified in section 4729.42 of the Revised Code, to the
person who submitted the request and to the employer or potential
employer specified in the request.
Sec. 4776.04. The results of any criminal records check
conducted pursuant to a request made under this chapter and any
report containing those results, including any information the
federal bureau of investigation provides, are not public records
for purposes of section 149.43 of the Revised Code and shall not
be made available to any person or for any purpose other than as
follows:
(A) If the request for the criminal records check was
submitted by an applicant for an initial license or restored
license, as follows:
(1) The superintendent of the bureau of criminal
identification and investigation shall make the results available
to the licensing agency for use in determining, under the agency's
authorizing chapter of the Revised Code, whether the applicant who
is the subject of the criminal records check should be granted a
license under that chapter.
(B)(2) The licensing agency shall make the results available
to
the applicant who is the subject of the criminal records check
or
to the applicant's representative.
(B) If the request for the criminal records check was
submitted by a person seeking to satisfy the criteria for being a
qualified pharmacy technician that are specified in section
4729.42 of the Revised Code, the superintendent of the bureau of
criminal identification and investigation shall make the results
available to both of the following:
(1) The person who submitted the request and is the
subject
of the criminal records check;
(2) The employer or potential employer specified in the
request.
SECTION 2. That existing sections 3719.21, 4729.99, 4776.02,
and 4776.04 of the Revised
Code are
hereby repealed.
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