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Sub. H. B. No. 116 As Reported by the Senate Agriculture CommitteeAs Reported by the Senate Agriculture Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Gonzales, Hackett, Young, Stebelton, Burkley, Hagan, C., Ruhl, Anielski, Antonio, Baker, Boose, Brown, Buchy, Budish, Celebrezze, Duffey, Fedor, Hall, Hayes, Heard, Landis, Patterson, Sprague Speaker Batchelder
A BILL
To amend sections 4729.01, 4729.531, 4729.532,
4729.54, and 4729.55 and to enact sections
955.151, 959.134, 3719.091, 4729.533, 4729.534,
4729.535, 4729.542, 4729.991, and 4741.201 of the
Revised Code to govern the chemical capture of
animals and to make changes to the law governing
euthanasia of an animal by lethal injection.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4729.01, 4729.531, 4729.532,
4729.54, and 4729.55 be amended and sections 955.151, 959.134,
3719.091, 4729.533, 4729.534, 4729.535, 4729.542, 4729.991, and
4741.201 of the Revised Code be enacted to read as follows:
Sec. 955.151. (A) As used in this section:
(1) "Certified officer" means an individual who holds a
certificate issued under section 4729.534 of the Revised Code.
(2) "Chemical capture" means using an anesthetic drug on a
companion animal or dog at large to do any of the following:
(a) Immobilize and capture;
(b) Attempt to immobilize and capture;
(c) Attempt to immobilize or capture.
(3) "Companion animal" has the same meaning as in section
959.131 of the Revised Code.
(B) A certified officer appointed or employed by an animal
shelter or county dog warden that holds a chemical capture
classification granted under section 4729.533 of the Revised Code
may, in accordance with that section and rules adopted under it,
chemically capture a companion animal or dog at large to limit
injury to the officer, the animal or another animal, or the
public.
Sec. 959.134. (A) Chemical capture of a companion animal or
dog at large by a certified officer in accordance with the laws of
this state is not an act of cruelty.
(B) "Chemical capture" and "certified officer" have the same
meanings as in section 955.151 of the Revised Code.
Sec. 3719.091. Possession or control of dangerous drugs as
defined in section 4729.01 of the Revised Code is authorized when
in the scope of duties by a certified officer, as defined in
section 955.151 of the Revised Code, for use in chemical capture
under that section.
Sec. 4729.01. As used in this chapter:
(A) "Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.
(B) "Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from
the principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:
(1) Interpreting prescriptions;
(2) Dispensing drugs and drug therapy related devices;
(4) Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the
drugs and appliances;
(5) Performing drug regimen reviews with individuals by
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs;
(6) Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug
regimen that warrants additional discussion with the prescriber;
(7) Advising an individual and the health care professionals
treating an individual with regard to the individual's drug
therapy;
(8) Acting pursuant to a consult agreement with a physician
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, if an
agreement has been established with the physician;
(9) Engaging in the administration of immunizations to the
extent authorized by section 4729.41 of the Revised Code.
(C) "Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the
following circumstances:
(1) Pursuant to a prescription issued by a licensed health
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in
accordance with a consult agreement;
(3) As an incident to research, teaching activities, or
chemical analysis;
(4) In anticipation of orders for drugs pursuant to
prescriptions, based on routine, regularly observed dispensing
patterns;
(5) Pursuant to a request made by a licensed health
professional authorized to prescribe drugs for a drug that is to
be used by the professional for the purpose of direct
administration to patients in the course of the professional's
practice, if all of the following apply:
(a) At the time the request is made, the drug is not
commercially available regardless of the reason that the drug is
not available, including the absence of a manufacturer for the
drug or the lack of a readily available supply of the drug from a
manufacturer.
(b) A limited quantity of the drug is compounded and provided
to the professional.
(c) The drug is compounded and provided to the professional
as an occasional exception to the normal practice of dispensing
drugs pursuant to patient-specific prescriptions.
(D) "Consult agreement" means an agreement to manage an
individual's drug therapy that has been entered into by a
pharmacist and a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery.
(1) Any article recognized in the United States pharmacopoeia
and national formulary, or any supplement to them, intended for
use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or animals;
(2) Any other article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans or
animals;
(3) Any article, other than food, intended to affect the
structure or any function of the body of humans or animals;
(4) Any article intended for use as a component of any
article specified in division (E)(1), (2), or (3) of this section;
but does not include devices or their components, parts, or
accessories.
(F) "Dangerous drug" means any of the following:
(1) Any drug to which either of the following applies:
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is
required to bear a label containing the legend "Caution: Federal
law prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;
(b) Under Chapter 3715. or 3719. of the Revised Code, the
drug may be dispensed only upon a prescription.
(2) Any drug that contains a schedule V controlled substance
and that is exempt from Chapter 3719. of the Revised Code or to
which that chapter does not apply;
(3) Any drug intended for administration by injection into
the human body other than through a natural orifice of the human
body.
(G) "Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.
(H) "Prescription" means a written, electronic, or oral order
for drugs or combinations or mixtures of drugs to be used by a
particular individual or for treating a particular animal, issued
by a licensed health professional authorized to prescribe drugs.
(I) "Licensed health professional authorized to prescribe
drugs" or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:
(1) A dentist licensed under Chapter 4715. of the Revised
Code;
(2) A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner who holds a certificate to prescribe
issued under section 4723.48 of the Revised Code;
(3) An optometrist licensed under Chapter 4725. of the
Revised Code to practice optometry under a therapeutic
pharmaceutical agents certificate;
(4) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery;
(5) A physician assistant who holds a certificate to
prescribe issued under Chapter 4730. of the Revised Code;
(6) A veterinarian licensed under Chapter 4741. of the
Revised Code.
(J) "Sale" and "sell" include delivery, transfer, barter,
exchange, or gift, or offer therefor, and each such transaction
made by any person, whether as principal proprietor, agent, or
employee.
(K) "Wholesale sale" and "sale at wholesale" mean any sale in
which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.
(L) "Retail sale" and "sale at retail" mean any sale other
than a wholesale sale or sale at wholesale.
(M) "Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish
responsibility.
(N) "Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:
(1) The proprietary name of the drug product;
(2) The established (generic) name of the drug product;
(3) The strength of the drug product if the product contains
a single active ingredient or if the drug product contains more
than one active ingredient and a relevant strength can be
associated with the product without indicating each active
ingredient. The established name and quantity of each active
ingredient are required if such a relevant strength cannot be so
associated with a drug product containing more than one
ingredient.
(5) The price charged for a specific quantity of the drug
product. The stated price shall include all charges to the
consumer, including, but not limited to, the cost of the drug
product, professional fees, handling fees, if any, and a statement
identifying professional services routinely furnished by the
pharmacy. Any mailing fees and delivery fees may be stated
separately without repetition. The information shall not be false
or misleading.
(O) "Wholesale distributor of dangerous drugs" means a person
engaged in the sale of dangerous drugs at wholesale and includes
any agent or employee of such a person authorized by the person to
engage in the sale of dangerous drugs at wholesale.
(P) "Manufacturer of dangerous drugs" means a person, other
than a pharmacist, who manufactures dangerous drugs and who is
engaged in the sale of those dangerous drugs within this state.
(Q) "Terminal distributor of dangerous drugs" means a person
who is engaged in the sale of dangerous drugs at retail, or any
person, other than a wholesale distributor or a pharmacist, who
has possession, custody, or control of dangerous drugs for any
purpose other than for that person's own use and consumption, and
includes pharmacies, hospitals, nursing homes, and laboratories
and all other persons who procure dangerous drugs for sale or
other distribution by or under the supervision of a pharmacist or
licensed health professional authorized to prescribe drugs.
(R) "Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely
to induce, directly or indirectly, the purchase of a dangerous
drug at retail.
(S) "Person" includes any individual, partnership,
association, limited liability company, or corporation, the state,
any political subdivision of the state, and any district,
department, or agency of the state or its political subdivisions.
(T) "Finished dosage form" has the same meaning as in section
3715.01 of the Revised Code.
(U) "Generically equivalent drug" has the same meaning as in
section 3715.01 of the Revised Code.
(V)(1) "Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the
Revised Code or a dog pound operated pursuant to Chapter 955. of
the Revised Code.
(2) "County dog warden" means a dog warden or deputy dog
warden appointed or employed under section 955.12 of the Revised
Code.
(W) "Food" has the same meaning as in section 3715.01 of the
Revised Code.
(X) "Pain management clinic" has the same meaning as in
section 4731.054 of the Revised Code.
Sec. 4729.531. (A) The state board of pharmacy may issue a
limited license to an animal shelters shelter or county dog warden
solely for the purpose of purchasing, possessing, and
administering combination drugs that contain pentobarbital and at
least one noncontrolled substance ingredient, are distributed in a
manufactured dosage form, whose only indication is for euthanizing
animals, or other substances as described in section 4729.532 of
the Revised Code. No such license shall authorize or permit the
distribution of these drugs to any person other than the
originating wholesale distributor of the drugs. An application for
licensure shall include the information the board requires by rule
under this section. If the application meets the requirements of
the rules adopted under this section, the board shall issue the
license.
(B) The board, in accordance with Chapter 119. of the Revised
Code, shall adopt any rules necessary to administer and enforce
this section. The rules shall do all of the following:
(1) Require as a condition of licensure of the facility that
an agent or employee of an animal shelter or an agent or employee
of a county dog warden, other than a registered veterinary
technician as defined in section 4741.01 of the Revised Code, has
successfully completed a euthanasia technician certification
course described in section 4729.532 of the Revised Code;
(2) Specify the information the animal shelter or county dog
warden must provide the board for issuance or renewal of a
license;
(3) Establish criteria for the board to use in determining
whether to refuse to issue or renew, suspend, or revoke a license
issued under this section;
(4) Address any other matters the board considers necessary
or appropriate for the administration and enforcement of this
section.
Sec. 4729.532. (A) No agent or employee of an animal shelter
and no county dog warden or agent or employee of a county dog
warden shall perform euthanasia by means of lethal injection on an
animal by use of any substance other than combination drugs that
contain pentobarbital and at least one noncontrolled a substance
active ingredient, in a manufactured dosage form, whose only
indication is for euthanizing animals, or other substance that the
state veterinary medical licensing board and, in consultation with
the state board of pharmacy both approve, approves by rule adopted
in accordance with Chapter 119. of the Revised Code.
The agent or employee of an animal shelter, county dog
warden, or agent or employee of a county dog warden when using a
lethal solution to perform euthanasia on an animal shall use such
the solution in accordance with one of the following methods and
in the following order of preference:
(1) Intravenous injection by hypodermic needle;
(2) Intraperitoneal injection by hypodermic needle;
(3) Intracardial injection by hypodermic needle, but only on
a sedated or unconscious an animal verfied to be unconscious;
(4) Solution Oral administration of solution or powder added
to food.
(B) Except as provided in division (D) of this section, no
Before euthanasia, a euthanasia technician may administer a
solution of one or more drugs exclusively for the purpose of
inducing sedation or unconsciousness prior to euthanasia. Only
those drugs that have been approved by rule of the state board of
pharmacy, in consultation with the state veterinary medical
licensing board, may be used.
(C) No agent or employee of an animal shelter and no county
dog warden or agent or employee of a county dog warden, other than
a registered veterinary technician as defined in section 4741.01
of the Revised Code, shall perform euthanasia by means of lethal
injection on an animal or administer pre-euthanasia drugs that
induce sedation or unconsciousness unless he the agent or employee
or county dog warden has received certification after successfully
completing a euthanasia technician certification course as
described in this division.
The curriculum for a euthanasia technician certification
course shall be one that has been approved by the state veterinary
medical licensing board, shall be at least sixteen hours in
length, and shall include information in at least all of the
following areas:
(1) The pharmacology, proper administration, and storage of
euthanasia and sedation solutions;
(2) Federal and state laws regulating the storage and
accountability of euthanasia and sedation solutions;
(3) Euthanasia technician stress management;
(4) Proper disposal of euthanized animals.
(C)(D)(1) Except as provided in division (D) of this section,
no No agent or employee of either an animal shelter or county dog
warden shall perform euthanasia by means of lethal injection on
animals or administer pre-euthanasia drugs that induce sedation or
unconsciousness under this section unless the facility in which he
the agent or employee works or is employed is licensed with the
state board of pharmacy under section 4729.531 of the Revised
Code.
(2) Any agent or employee of an animal shelter or county dog
warden performing euthanasia by means of lethal injection or
administering pre-euthanasia drugs that induce sedation or
unconsciousness shall do so only in a humane and proficient manner
that is in conformity with the methods described in division
divisions (A) and (B) of this section and not in violation of
Chapter 959. of the Revised Code.
(D) An agent or employee of an animal shelter who is
performing euthanasia by means of lethal injection on animals on
or before the effective date of this section may continue to
perform such euthanasia and is not required to be certified in
compliance with division (B) of this section until ninety days
after the effective date of the rules adopted in compliance with
Section 3 of House Bill No. 88 of the 120th general assembly.
(E) Nothing in this section precludes a licensed veterinarian
or registered veterinary technician as defined in section 4741.01
of the Revised Code from engaging in the practice of veterinary
medicine as authorized in Chapter 4741. of the Revised Code.
Sec. 4729.533. (A) As used in this section and sections
4729.534 and 4729.535 of the Revised Code, "certified officer" and
"chemical capture" have the same meanings as in section 955.151 of
the Revised Code.
(B) On application of an animal shelter or county dog warden
that holds a limited license issued under section 4729.531 of the
Revised Code, the state board of pharmacy may grant a chemical
capture classification to the limited license. The classification
permits the holder to purchase, possess, and administer a
combination of drugs for chemical capture. No such classification
shall authorize or permit the distribution of these drugs to any
person other than the originating wholesale distributor of the
drugs.
(C) To qualify for a chemical capture classification under
this section, an applicant shall appoint or employ a certified
officer.
(D) If an applicant meets the requirements of this section
and rules adopted under it, the board shall grant the
classification. The board may suspend or revoke a classification
or refuse to issue or renew a classification for any violation of
this section, section 4729.535 of the Revised Code, or rules
adopted under this section.
(E) The state board of pharmacy, in accordance with Chapter
119. of the Revised Code and in consultation with the state
veterinary medical licensing board, shall adopt rules that do all
of the following:
(1) Specify the information an applicant must provide for
issuance or renewal of a chemical capture classification;
(2) Establish criteria for the state board of pharmacy to use
in determining whether to refuse to grant a classification or to
renew, suspend, or revoke a classification;
(3) Specify all of the following:
(a) The drugs to be used in chemical capture;
(b) The proper storage, administration, and use of approved
drugs;
(c) The proper storage, maintenance, and use of instruments
and equipment used in chemical capture;
(d) The proper disposal of instruments used in chemical
capture.
(4) Establish criteria for all of the following:
(a) Determining when chemical capture is appropriate;
(b) The care of a companion animal immediately upon capture;
(c) Recordkeeping for the drugs used and actions taken during
a chemical capture.
(5) Address any other matters the board considers necessary
or appropriate for administration and enforcement of this section
and sections 4729.534 and 4729.535 of the Revised Code.
Sec. 4729.534. (A) The state board of pharmacy in
consultation with the state veterinary medical licensing board
shall certify an individual as a certified officer if the
individual does one of the following:
(1) Successfully completes a chemical capture course that has
a curriculum approved in accordance with division (B) of this
section;
(2) Successfully completes training acceptable to the state
board of pharmacy from the national animal control association or
safe capture international, inc.
(B) To be approved as a chemical capture curriculum for
purposes of division (A)(1) of this section, a curriculum shall
include all of the following topics:
(1) The pharmacology, proper administration, storage, and
recordkeeping of drugs used in chemical capture;
(2) Federal and state laws regulating the storage and
accountability of drugs used in chemical capture;
(3) Chemical capture technology, animal behavior,
post-immobilization procedures, proper public and personnel
safety, and marksmanship training;
(4) Any other topic specified by the state board of pharmacy.
Sec. 4729.535. No person shall perform chemical capture with
a drug or combination of drugs other than the drugs specified in
rules adopted under section 4729.533 of the Revised Code.
No animal shelter or county dog warden shall permit an
individual to perform chemical capture unless the shelter or
warden holds a chemical capture classification granted under
section 4729.533 of the Revised Code and the individual is a
certified officer.
No individual shall perform chemical capture unless the
individual is a certified officer and is appointed or employed by
an animal shelter or county dog warden that holds a chemical
capture classification.
Nothing in this section precludes a licensed veterinarian as
defined in section 4741.01 of the Revised Code from engaging in
the practice of veterinary medicine as authorized in Chapter 4741.
of the Revised Code.
Sec. 4729.54. (A) As used in this section and section
sections 4729.541 and 4729.542 of the Revised Code:
(1) "Category I" means single-dose injections of intravenous
fluids, including saline, Ringer's lactate, five per cent dextrose
and distilled water, and other intravenous fluids or parenteral
solutions included in this category by rule of the state board of
pharmacy, that have a volume of one hundred milliliters or more
and that contain no added substances, or single-dose injections of
epinephrine to be administered pursuant to sections 4765.38 and
4765.39 of the Revised Code.
(2) "Category II" means any dangerous drug that is not
included in category I or III.
(3) "Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.
(4) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(5) "Person" includes an emergency medical service
organization.
(6) "Schedule I, schedule II, schedule III, schedule IV, and
schedule V" mean controlled substance schedules I, II, III, IV,
and V, respectively, as established pursuant to section 3719.41 of
the Revised Code and as amended.
(B)(1) A person who desires to be licensed as a terminal
distributor of dangerous drugs shall file with the executive
director of the state board of pharmacy a verified application.
After it is filed, the application may not be withdrawn without
approval of the board.
(2) An application shall contain all the following that apply
in the applicant's case:
(a) Information that the board requires relative to the
qualifications of a terminal distributor of dangerous drugs set
forth in section 4729.55 of the Revised Code;
(b) A statement that the person wishes to be licensed as a
category I, category II, category III, limited category I, limited
category II, or limited category III terminal distributor of
dangerous drugs;
(c) If the person wishes to be licensed as a limited category
I, limited category II, or limited category III terminal
distributor of dangerous drugs, a notarized list of the dangerous
drugs that the person wishes to possess, have custody or control
of, and distribute, which list shall also specify the purpose for
which those drugs will be used and their source;
(d) If the person is an emergency medical service
organization, the information that is specified in division (C)(1)
of this section;
(e) Except for an emergency medical service organization, the
identity of the one establishment or place at which the person
intends to engage in the sale or other distribution of dangerous
drugs at retail, and maintain possession, custody, or control of
dangerous drugs for purposes other than the person's own use or
consumption;
(f) If the application pertains to a pain management clinic,
information that demonstrates, to the satisfaction of the board,
compliance with division (A) of section 4729.552 of the Revised
Code.
(C)(1) An emergency medical service organization that wishes
to be licensed as a terminal distributor of dangerous drugs shall
list in its application for licensure the following additional
information:
(a) The units under its control that the organization
determines will possess dangerous drugs for the purpose of
administering emergency medical services in accordance with
Chapter 4765. of the Revised Code;
(b) With respect to each such unit, whether the dangerous
drugs that the organization determines the unit will possess are
in category I, II, or III.
(2) An emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall file a
new application for such licensure if there is any change in the
number, or location of, any of its units or any change in the
category of the dangerous drugs that any unit will possess.
(3) A unit listed in an application for licensure pursuant to
division (C)(1) of this section may obtain the dangerous drugs it
is authorized to possess from its emergency medical service
organization or, on a replacement basis, from a hospital pharmacy.
If units will obtain dangerous drugs from a hospital pharmacy, the
organization shall file, and maintain in current form, the
following items with the pharmacist who is responsible for the
hospital's terminal distributor of dangerous drugs license:
(a) A copy of its standing orders or protocol;
(b) A list of the personnel employed or used by the
organization to provide emergency medical services in accordance
with Chapter 4765. of the Revised Code, who are authorized to
possess the drugs, which list also shall indicate the personnel
who are authorized to administer the drugs.
(D) Each emergency medical service organization that applies
for a terminal distributor of dangerous drugs license shall submit
with its application the following:
(1) A notarized copy of its standing orders or protocol,
which orders or protocol shall be signed by a physician and
specify the dangerous drugs that its units may carry, expressed in
standard dose units;
(2) A list of the personnel employed or used by the
organization to provide emergency medical services in accordance
with Chapter 4765. of the Revised Code.
An emergency medical service organization that is licensed as
a terminal distributor shall notify the board immediately of any
changes in its standing orders or protocol.
(E) There shall be six categories of terminal distributor of
dangerous drugs licenses, which categories shall be as follows:
(1) Category I license. A person who obtains this license may
possess, have custody or control of, and distribute only the
dangerous drugs described in category I.
(2) Limited category I license. A person who obtains this
license may possess, have custody or control of, and distribute
only the dangerous drugs described in category I that were listed
in the application for licensure.
(3) Category II license. A person who obtains this license
may possess, have custody or control of, and distribute only the
dangerous drugs described in category I and category II.
(4) Limited category II license. A person who obtains this
license may possess, have custody or control of, and distribute
only the dangerous drugs described in category I or category II
that were listed in the application for licensure.
(5) Category III license, which may include a pain management
clinic classification issued under section 4729.552 of the Revised
Code. A person who obtains this license may possess, have custody
or control of, and distribute the dangerous drugs described in
category I, category II, and category III. If the license includes
a pain management clinic classification, the person may operate a
pain management clinic.
(6) Limited category III license. A person who obtains this
license may possess, have custody or control of, and distribute
only the dangerous drugs described in category I, category II, or
category III that were listed in the application for licensure.
(F) Except for an application made by a county dog warden or
on behalf of an animal shelter, if an applicant for licensure as a
limited category I, II, or III terminal distributor of dangerous
drugs intends to administer dangerous drugs to a person or animal,
the applicant shall submit, with the application, a notarized copy
of its protocol or standing orders, which protocol or orders shall
be signed by a licensed health professional authorized to
prescribe drugs, specify the dangerous drugs to be administered,
and list personnel who are authorized to administer the dangerous
drugs in accordance with federal law or the law of this state. An
An application made on behalf of an animal shelter or county
dog warden shall include a notarized list of the dangerous drugs
to be administered to animals and the personnel who are authorized
to administer the drugs to animals in accordance with section
4729.532 of the Revised Code. After
After obtaining a terminal distributor license, a licensee
shall notify the board immediately of any changes in its protocol
or standing orders, or in such personnel.
(G)(1) Except as provided in division (G)(2) of this section,
each applicant for licensure as a terminal distributor of
dangerous drugs shall submit, with the application, a license fee
determined as follows:
(a) For a category I or limited category I license,
forty-five dollars;
(b) For a category II or limited category II license, one
hundred twelve dollars and fifty cents;
(c) For a category III license, including a license with a
pain management clinic classification issued under section
4729.552 of the Revised Code, or a limited category III license,
one hundred fifty dollars.
(2) For a professional association, corporation, partnership,
or limited liability company organized for the purpose of
practicing veterinary medicine, the fee shall be forty dollars.
(3) Fees assessed under divisions (G)(1) and (2) of this
section shall not be returned if the applicant fails to qualify
for registration.
(H)(1) The board shall issue a terminal distributor of
dangerous drugs license to each person who submits an application
for such licensure in accordance with this section, pays the
required license fee, is determined by the board to meet the
requirements set forth in section 4729.55 of the Revised Code, and
satisfies any other applicable requirements of this section.
(2) The license of a person other than an emergency medical
service organization or county dog warden shall describe the one
establishment or place at which the licensee may engage in the
sale or other distribution of dangerous drugs at retail and
maintain possession, custody, or control of dangerous drugs for
purposes other than the licensee's own use or consumption. The one
establishment or place shall be that which is described in the
application for licensure.
No such license shall authorize or permit the terminal
distributor of dangerous drugs named in it to engage in the sale
or other distribution of dangerous drugs at retail or to maintain
possession, custody, or control of dangerous drugs for any purpose
other than the distributor's own use or consumption, at any
establishment or place other than that described in the license,
except that an agent or employee of an animal shelter or county
dog warden may possess and use dangerous drugs in the course of
business as provided in
division (D) of section 4729.532 of the
Revised Code.
(3) The license of an emergency medical service organization
shall cover and describe all the units of the organization listed
in its application for licensure.
(4) The license of every terminal distributor of dangerous
drugs shall indicate, on its face, the category of licensure. If
the license is a limited category I, II, or III license, it shall
specify, and shall authorize the licensee to possess, have custody
or control of, and distribute only, the dangerous drugs that were
listed in the application for licensure.
(I) All licenses issued pursuant to this section shall be
effective for a period of twelve months from the first day of
January of each year. A license shall be renewed by the board for
a like period, annually, according to the provisions of this
section, and the standard renewal procedure of Chapter 4745. of
the Revised Code. A person who desires to renew a license shall
submit an application for renewal and pay the required fee on or
before the thirty-first day of December each year. The fee
required for the renewal of a license shall be the same as the fee
paid for the license being renewed, and shall accompany the
application for renewal.
A license that has not been renewed during December in any
year and by the first day of February of the following year may be
reinstated only upon payment of the required renewal fee and a
penalty fee of fifty-five dollars.
(J)(1) No emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall fail
to comply with division (C)(2) or (3) of this section.
(2) No emergency medical service organization that is
licensed as a terminal distributor of dangerous drugs shall fail
to comply with division (D) of this section.
(3) No licensed terminal distributor of dangerous drugs shall
possess, have custody or control of, or distribute dangerous drugs
that the terminal distributor is not entitled to possess, have
custody or control of, or distribute by virtue of its category of
licensure.
(4) No licensee that is required by division (F) of this
section to notify the board of changes in its protocol or standing
orders, or in personnel, shall fail to comply with that division.
Sec. 4729.542. (A) An animal shelter or county dog warden
that holds a limited license issued under section 4729.531 of the
Revised Code may apply to the state board of pharmacy for a
chemical capture classification.
The application shall include a notarized list of the
dangerous drugs to be used in chemical capture and the certified
officers employed by the applicant.
(B) The holder of a limited license with a chemical capture
classification shall notify the board immediately of any changes
in the dangerous drugs to be used in chemical capture or in the
certified officers employed by the holder.
(C) An agent or employee of an animal shelter or county dog
warden may possess and use dangerous drugs in the course of
business as provided in sections 4729.532 and 4729.533 of the
Revised Code.
Sec. 4729.55. No license shall be issued to an applicant for
licensure as a terminal distributor of dangerous drugs unless the
applicant has furnished satisfactory proof to the state board of
pharmacy that:
(A) The applicant is equipped as to land, buildings, and
equipment to properly carry on the business of a terminal
distributor of dangerous drugs within the category of licensure
approved by the board.
(B) A pharmacist, licensed health professional authorized to
prescribe drugs, animal shelter or county dog warden licensed with
the state board of pharmacy under section 4729.531 of the Revised
Code, or a laboratory as defined in section 3719.01 of the Revised
Code will maintain supervision and control over the possession and
custody of dangerous drugs that may be acquired by or on behalf of
the applicant.
(C) Adequate safeguards are assured to prevent the sale or
other distribution of dangerous drugs by any person other than a
pharmacist or licensed health professional authorized to prescribe
drugs.
(D) Adequate safeguards are assured that the applicant will
carry on the business of a terminal distributor of dangerous drugs
in a manner that allows pharmacists and pharmacy interns employed
by the terminal distributor to practice pharmacy in a safe and
effective manner.
(E) If the applicant, or any agent or employee of the
applicant, has been found guilty of violating section 4729.51 of
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code,
or any rule of the board, adequate safeguards are assured to
prevent the recurrence of the violation.
(F) In the case of an applicant who is a food processor or
retail seller of food, the applicant will maintain supervision and
control over the possession and custody of nitrous oxide.
(G) In the case of an applicant who is a retail seller of
oxygen in original packages labeled as required by the "Federal
Food, Drug, and Cosmetic Act," the applicant will maintain
supervision and control over the possession, custody, and retail
sale of the oxygen.
(H) If the application is made on behalf of a county dog
warden or an animal shelter, at least one of the agents or
employees of the dog warden or animal shelter is certified in
compliance with section 4729.532 of the Revised Code.
(I) In the case of an applicant who is a retail seller of
peritoneal dialysis solutions in original packages labeled as
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain
supervision and control over the possession, custody, and retail
sale of the peritoneal dialysis solutions.
(J) In the case of an applicant who is a pain management
clinic, the applicant meets the requirements to receive a license
with a pain management clinic classification issued under section
4729.552 of the Revised Code.
Sec. 4729.991. Whoever violates section 4729.535 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 4741.201. (A) This chapter does not apply to an act of
chemical capture by a certified officer in accordance with section
955.151 of the Revised Code.
(B) "Chemical capture" and "certified officer" have the same
meanings as in section 955.151 of the Revised Code.
Section 2. That existing sections 4729.01, 4729.531,
4729.532, 4729.54, and 4729.55 of the Revised Code are hereby
repealed.
Section 3. The State Board of Pharmacy in consultation with
the State Veterinary Medical Licensing Board shall adopt the rules
required by section 4729.533 of the Revised Code not later than
two years after the effective date of this act. If the State Board
of Pharmacy fails to meet this requirement, the Attorney General
or a county prosecuting attorney may seek a court order requiring
adoption of the rules.
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