130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 334  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 334


Representatives Johnson, Bubp 

Cosponsors: Representatives Amstutz, Barnes, Buchy, Butler, Fende, Goodwin, Gonzales, Kozlowski, O'Brien, Peterson, Rosenberger, Stebelton, Uecker, Wachtmann, Yuko 



A BILL
To amend sections 2925.55, 2925.56, 2925.57, and 3715.05 and to enact sections 109.88, 3715.051, 3715.052, and 3715.053 of the Revised Code regarding the participation of pharmacies, retailers, and the Attorney General in electronically tracking pseudoephedrine and ephedrine product sales through a national exchange.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.55, 2925.56, 2925.57, and 3715.05 be amended and sections 109.88, 3715.051, 3715.052, and 3715.053 of the Revised Code be enacted to read as follows:
Sec. 109.88. (A) As used in this section, "pseudoephedrine product," "ephedrine product," "national precursor log exchange," and "exchange" have the same meanings as in section 3715.05 of the Revised Code.
(B) The attorney general may enter into a contract with the national association of drug diversion investigators or its successor organization and, if the attorney general determines it to be appropriate, a person to whom the authority to administer the national precursor log exchange has been delegated.
(C) If the attorney general enters into a contract authorized by this section, the contract shall govern the attorney general's access to, and use of information from, the exchange and the responsibilities of each party to the contract relative to such access and use.
(D) In furtherance of the contract's purpose as described in division (C) of this section, the contract shall include terms that do all of the following:
(1) Authorize the attorney general to obtain real-time access to information from the national precursor log exchange;
(2) Authorize the attorney general to receive, on a weekly basis, a report regarding pseudoephedrine product and ephedrine product sales transactions made in this state as monitored by the exchange, the specific content of which shall be identified in the contract;
(3) Authorize the attorney general to disseminate any information obtained pursuant to division (A)(1) or (2) of this section to other state and local law enforcement officers as determined to be appropriate by the attorney general;
(4) Specify that neither the attorney general nor any local or state law enforcement officer is to be charged a fee for access to, or use of, the national precursor log exchange or information from the exchange authorized by this section or the contract;
(5) Require all parties to the contract to comply with federal and state laws governing the confidentiality of patient-specific information;
(6) Specify how the contract may be amended or revoked.
Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of the Revised Code:
(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) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.
(3) "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.
(4) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of that contains pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following:
(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine.
(5) "Retailer" means a place of business that offers consumer products for sale to the general public.
(6) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient.
(7) "Ephedrine" means any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
(8) "Ephedrine product" means a consumer product that contains ephedrine.
(B)(1) No individual shall knowingly purchase, receive, or otherwise acquire more than nine grams of any an amount of pseudoephedrine product within a period of thirty consecutive days, or ephedrine product that is greater than either of the following unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code:
(a) Three and six tenths grams within a period of a single day;
(b) Nine grams within a period of thirty consecutive days.
The limits specified in divisions (B)(1)(a) and (b) of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively, and not the product's overall weight.
(2) It is not a violation of division (B)(1) of this section for an individual to receive or accept more than nine grams of any an amount of pseudoephedrine product within a period of thirty consecutive days or ephedrine product specified in division (B)(1)(a) or (b) of this section if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(C)(1) No individual under eighteen years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, or ephedrine product unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.
(2) Division (C)(1) of this section does not apply to an individual under eighteen years of age who purchases, receives, or otherwise acquires a pseudoephedrine product or ephedrine product from any of the following:
(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to that individual and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;
(b) A parent or guardian of that individual who provides the pseudoephedrine product or ephedrine product to the individual;
(c) A person, as authorized by that individual's parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to the individual;
(d) A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product or ephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(D) No individual under eighteen years of age shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product or ephedrine product.
(E) No individual shall knowingly fail to comply with the requirements of division (C)(3)(B) of section 3715.05 3715.051 of the Revised Code.
(F) Whoever violates division (B)(1) of this section is guilty of unlawful purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of this section is guilty of underage purchase of a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult.
(H) Whoever violates division (D) of this section is guilty of using false information to purchase a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult.
(I) Whoever violates division (E) of this section is guilty of improper purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the fourth degree.
Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a 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 period of thirty consecutive days an amount of pseudoephedrine product or ephedrine product that is greater than nine grams either of the following:
(a) Three and six tenths grams within a period of a single day;
(b) Nine grams within a period of thirty consecutive days.
The limits specified in divisions (A)(1)(a) and (b) of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively, and not the product's overall weight.
(2) Division (A)(1) of this section does not apply to any quantity of pseudoephedrine product or ephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.
It is not a violation of division (A)(1) of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than nine grams of any an amount of pseudoephedrine product within a period of thirty consecutive days or ephedrine product specified in division (A)(1)(a) or (b) of this section if the individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(B)(1) Except as provided in division (B)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product or ephedrine product to an individual who is under eighteen years of age.
(2) Division (B)(1) of this section does not apply to any of the following:
(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under eighteen years of age and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;
(b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product or ephedrine 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 or ephedrine product to an individual under eighteen years of age;
(d) The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product or ephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under eighteen years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(C) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (C)(2)(A) of section 3715.05 3715.051 or division (A)(2) of section 3715.052 of the Revised Code.
(D) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (A)(1) of section 3715.052 of the Revised Code.
(E) Whoever violates division (A)(1) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
(E)(F) Whoever violates division (B)(1) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product to a minor, a misdemeanor of the fourth degree.
(F)(G) Whoever violates division (C) of this section is guilty of improper sale of a pseudoephedrine product or ephedrine product, a misdemeanor of the second degree.
(H) Whoever violates division (D) of this section is guilty of failing to submit information to the national precursor log exchange, a misdemeanor for which the offender shall be fined not more than one thousand dollars per violation.
Sec. 2925.57. (A) As used in this section and section 2925.58 of the Revised Code:
(1) "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive any pseudoephedrine product or ephedrine product from the seller, agent, or employee.
(2) "Identification card" and "transaction scan device" have the same meanings as in section 2927.021 of the Revised Code.
(3) "Seller" means a retailer or terminal distributor of dangerous drugs.
(4) "Transaction scan" means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product or ephedrine product.
(B)(1) A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver's or commercial driver's license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product or ephedrine product.
(2) If the information deciphered by the transaction scan performed under division (B)(1) of this section fails to match the information printed on the driver's or commercial driver's license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product or ephedrine product to the card holder.
(3) Division (B)(1) of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product or ephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver's or commercial driver's license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
(C) Rules adopted by the registrar of motor vehicles under division (C) of section 4301.61 of the Revised Code apply to the use of transaction scan devices for purposes of this section and section 2925.58 of the Revised Code.
(D)(1) No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
(a) The name, address, and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by a card holder;
(b) The expiration date and, identification number, and issuing agency of the driver's or commercial driver's license or identification card presented by a card holder.
(2) No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (D)(1) of this section except for purposes of section 2925.58 or division (A)(1) of section 3715.052 of the Revised Code.
(3) No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (B)(1) of this section.
(4) No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by section 2925.58 or another section of the Revised Code.
(E) Nothing in this section or section 2925.58 of the Revised Code relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products or ephedrine products.
(F) Whoever violates division (B)(2) or (D) of this section is guilty of engaging in an illegal pseudoephedrine product or ephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars for each violation. The clerk of the court shall pay each collected civil penalty to the county treasurer for deposit into the county treasury.
Sec. 3715.05. (A) As used in this section and section sections 3715.051 to 3715.053 and 3715.06 of the Revised Code:
(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," "pharmacy," "prescriber," "prescription," and "terminal distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code.
(3) "Ephedrine" means any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
(4) "Ephedrine product" means a consumer product that contains ephedrine.
(5) "Law enforcement official" means an officer or employee of any agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
(6) "National precursor log exchange" or "exchange" means the electronic system for tracking sales of pseudoephedrine products and ephedrine products on a national basis that is administered by the national association of drug diversion investigators or a successor organization.
(7) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
(4)(8) "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)(9) "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)(10) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of that contains pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following:
(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine.
(7)(11) "Retailer" means a place of business that offers consumer products for sale to the general public.
(8)(12) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient.
(9)(13) "Stop-sale alert" means a notification sent from the national precursor log exchange to a retailer or terminal distributor of dangerous drugs indicating that the completion of a sale of a pseudoephedrine product or ephedrine product would result in a violation of division (A)(1) of section 2925.56 of the Revised Code or federal law.
(14) "Wholesaler" has the same meaning as in section 3719.01 of the Revised Code.
(B) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product or ephedrine product to the public shall do all of the following:
(1) Segregate pseudoephedrine products or ephedrine 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 of dangerous drugs;
(2) With regard to each time a pseudoephedrine product or ephedrine product is sold or otherwise provided without a valid prescription:
(a) Determine, by examination of a valid proof of age, that the purchaser or recipient is at least eighteen years of age;
(b) Make Using any information available, including information from the national precursor log exchange, make a reasonable attempt to ensure that no individual purchases or receives more than nine grams an amount of pseudoephedrine products within a period of thirty consecutive days; product or ephedrine product that is greater than either of the following:
(i) Three and six tenths grams within a period of a single day;
(ii) Nine grams within a period of thirty consecutive days.
The limits specified in divisions (B)(2)(b)(i) and (ii) of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively, and not the product's overall weight.
(3) Maintain a log book of pseudoephedrine product or ephedrine product purchases, in accordance with division (C) of this section 3715.051 of the Revised Code;
(4) Submit, in accordance with section 3715.052 of the Revised Code, information from the log book described in division (B)(3) of this section to the national precursor log exchange.
(C)(1) As used in division (C) of this section, "law enforcement official" means an officer or employee of any agency or authority of the United States, a state, a territory, a political division of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
(2) 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 maintain a log book of all purchases of pseudoephedrine products. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following:
(a) Require each purchaser to sign an entry in the log book that is maintained in the electronic or tangible format;
(b) Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card;
(c) Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book;
(d) Include in the log book in the manner described in division (C)(5) of this section or, in the alternative, post, in a conspicuous location, the following statement: "Ohio law prohibits the over-the-counter purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient. If you purchase a consumer product in which pseudoephedrine is the only active ingredient, you are required to sign a log book that may be accessible to law enforcement officers and to provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient, and the purchase by any individual under eighteen years of age of any consumer product in which pseudoephedrine is the only active ingredient, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring any consumer product in which pseudoephedrine is the only active ingredient is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law."
(3) Each purchaser of a pseudoephedrine product shall do all of the following:
(a) Sign and print the purchaser's name and address in the log book;
(b) Provide a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser's identity.
(4) Information contained in the log book may not be used or disclosed except in the following circumstances:
(a) In response to a court order or subpoena;
(b) In response to a request from a law enforcement official to be used for law enforcement purposes.
(5) If a retailer or terminal distributor of dangerous drugs chooses to include the statement set forth in division (C)(2)(d) of this section in the log book maintained under division (C)(2) of this section, the statement shall be set forth in the following manner:
(a) If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.
(b) If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
(D) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products and ephedrine 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.
Sec. 3715.051. (A) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product or ephedrine product to the public shall maintain a log book of all purchases of pseudoephedrine products or ephedrine products made without a valid prescription. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of fulfilling this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following:
(1) Require each individual who purchases a pseudoephedrine product or ephedrine product without a valid prescription to sign an entry in the log book;
(2) Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card;
(3) Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book or as required by federal law;
(4) Include in the log book in the manner described in division (D) of this section or, in the alternative, post, in a conspicuous location, the following statement: "Ohio law prohibits the over-the-counter purchase of a consumer product containing a total amount of base pseudoephedrine or base ephedrine that exceeds either of the following: (1) three and six tenths grams in a single day, or (2) nine grams within any period of thirty consecutive days. If, without a valid prescription, you purchase a consumer product containing pseudoephedrine or ephedrine, you are required to sign a log book that may be accessible to law enforcement officers and provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase of more than an amount specified in this paragraph of a consumer product containing pseudoephedrine or ephedrine, and the purchase by any individual under eighteen years of age of a consumer product containing pseudoephedrine or ephedrine, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring a consumer product containing pseudoephedrine or ephedrine is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law."
(B) Each individual who purchases a pseudoephedrine product or ephedrine product without a valid prescription shall do both of the following:
(1) Sign and print the purchaser's name in the log book;
(2) Present a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser's identity.
(C) Information contained in the log book may not be used or disclosed except in the following circumstances:
(1) In response to a court order or subpoena;
(2) In response to a request from a law enforcement official to be used for law enforcement purposes;
(3) For purposes of complying with requirements in section 3715.052 of the Revised Code regarding the submission of information to the national precursor log exchange.
(D) If a retailer or terminal distributor of dangerous drugs chooses to include the statement set forth in division (A)(4) of this section in the log book, the statement shall be set forth in the following manner:
(1) If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.
(2) If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
Sec. 3715.052. (A) Beginning January 12, 2012, a retailer or terminal distributor of dangerous drugs that is provided access to the national precursor log exchange without charge shall do both of the following:
(1) Subject to division (B) of this section, submit the following information to the exchange regarding each sale of pseudoephedrine product or ephedrine product that is not made pursuant to a valid prescription:
(a) The purchaser's name and address;
(b) The name and quantity of the product purchased;
(c) The date and time of the purchase;
(d) The type of government-issued identification provided by the purchaser at the time of purchase, pursuant to division (B)(3) of section 3715.051 of the Revised Code, the identification number, if any, on the identification, and the agency that issued the identification.
(2)(a) Except as provided in division (A)(2)(b) of this section, not complete a sale if the exchange generates a stop-sale alert.
(b) A retailer or terminal distributor of dangerous drugs may complete a sale even though the exchange has generated a stop-sale alert if the retailer or terminal distributor of dangerous drugs has a reasonable fear of imminent bodily harm should the sale not be completed. To accommodate such circumstances, the retailer or terminal distributor of dangerous drugs shall ensure that the override function of the exchange has been enabled.
(B) If a retailer or terminal distributor of dangerous drugs experiences mechanical or electronic failure of the equipment used to complete an information submission required by division (A)(1) of this section, the retailer or terminal distributor of dangerous drugs shall do both of the following:
(1) Maintain a written or electronic record of the information in division (A)(1) of this section;
(2) Complete the information submission as soon as practicable after the mechanical or electronic failure has been rectified.
Sec. 3715.053. A retailer or terminal distributor of dangerous drugs is not liable in damages in a civil action for injury, death, or loss to person or property resulting from any act or omission in carrying out the duties regarding pseudoephedrine product or ephedrine product sales specified in sections 3715.05, 3715.051, and 3715.052 of the Revised Code, unless the act or omission is reckless or constitutes willful or wanton misconduct.
Section 2. That existing sections 2925.55, 2925.56, 2925.57, and 3715.05 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2018 Legislative Information Systems | Disclaimer