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H. B. No. 334 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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.
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