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Sub. H. B. No. 296 As Enrolled
(130th General Assembly)
(Substitute House Bill Number 296)
AN ACT
To amend sections 3313.713, 3313.718, 4729.51, and
4729.60 and to enact sections 3313.7110,
3313.7111, 3314.143, 3326.28, 3328.29, and 5101.76
of the Revised Code to permit schools and camps to
procure and use epinephrine autoinjectors in
accordance with prescribed policies, to exempt
them from licensing requirements related to the
possession of epinephrine autoinjectors, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3313.713, 3313.718, 4729.51, and
4729.60 be amended and sections 3313.7110, 3313.7111, 3314.143,
3326.28, 3328.29, and 5101.76 of the Revised Code be enacted to
read as follows:
Sec. 3313.713. (A) As used in this section:
(1) "Drug" means a drug, as defined in section 4729.01 of the
Revised Code, that is to be administered pursuant to the
instructions of the prescriber, whether or not required by law to
be sold only upon a prescription.
(2) "Federal law" means the "Individuals with Disabilities
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.
(3) "Prescriber" has the same meaning as in section 4729.01
of the Revised Code.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall, not later
than one hundred twenty days after September 20, 1984, adopt a
policy on the authority of its employees, when acting in
situations other than those governed by sections 2305.23,
2305.231, and 3313.712, and 3313.7110 of the Revised Code, to
administer drugs prescribed to students enrolled in the schools of
the district. The policy shall provide either that:
(1) Except as otherwise required by federal law, no person
employed by the board shall, in the course of such employment,
administer any drug prescribed to any student enrolled in the
schools of the district.
(2) Designated persons employed by the board are authorized
to administer to a student a drug prescribed for the student.
Effective July 1, 2011, only employees of the board who are
licensed health professionals, or who have completed a drug
administration training program conducted by a licensed health
professional and considered appropriate by the board, may
administer to a student a drug prescribed for the student. Except
as otherwise provided by federal law, the board's policy may
provide that certain drugs or types of drugs shall not be
administered or that no employee shall use certain procedures,
such as injection, to administer a drug to a student.
(C) No drug prescribed for a student shall be administered
pursuant to federal law or a policy adopted under division (B) of
this section until the following occur:
(1) The board, or a person designated by the board, receives
a written request, signed by the parent, guardian, or other person
having care or charge of the student, that the drug be
administered to the student.
(2) The board, or a person designated by the board, receives
a statement, signed by the prescriber, that includes all of the
following information:
(a) The name and address of the student;
(b) The school and class in which the student is enrolled;
(c) The name of the drug and the dosage to be administered;
(d) The times or intervals at which each dosage of the drug
is to be administered;
(e) The date the administration of the drug is to begin;
(f) The date the administration of the drug is to cease;
(g) Any severe adverse reactions that should be reported to
the prescriber and one or more phone numbers at which the
prescriber can be reached in an emergency;
(h) Special instructions for administration of the drug,
including sterile conditions and storage.
(3) The parent, guardian, or other person having care or
charge of the student agrees to submit a revised statement signed
by the prescriber to the board or a person designated by the board
if any of the information provided by the prescriber pursuant to
division (C)(2) of this section changes.
(4) The person authorized by the board to administer the drug
receives a copy of the statement required by division (C)(2) or
(3) of this section.
(5) The drug is received by the person authorized to
administer the drug to the student for whom the drug is prescribed
in the container in which it was dispensed by the prescriber or a
licensed pharmacist.
(6) Any other procedures required by the board are followed.
(D) If a drug is administered to a student, the board of
education shall acquire and retain copies of the written requests
required by division (C)(1) and the statements required by
divisions (C)(2) and (3) of this section and shall ensure that by
the next school day following the receipt of any such statement a
copy is given to the person authorized to administer drugs to the
student for whom the statement has been received. The board, or a
person designated by the board, shall establish a location in each
school building for the storage of drugs to be administered under
this section and federal law. All such drugs shall be stored in
that location in a locked storage place, except that drugs that
require refrigeration may be kept in a refrigerator in a place not
commonly used by students.
(E) No person who has been authorized by a board of education
to administer a drug and has a copy of the most recent statement
required by division (C)(2) or (3) of this section given to the
person in accordance with division (D) of this section prior to
administering the drug is liable in civil damages for
administering or failing to administer the drug, unless such
person acts in a manner that constitutes gross negligence or
wanton or reckless misconduct.
(F) A board of education may designate a person or persons to
perform any function or functions in connection with a drug policy
adopted under this section either by name or by position,
training, qualifications, or similar distinguishing factors.
(G) A policy adopted by a board of education pursuant to this
section may be changed, modified, or revised by action of the
board.
(H) Nothing in this section shall be construed to require a
person employed by a board of education to administer a drug to a
student unless the board's policy adopted in compliance with this
section establishes such a requirement. A board shall not require
an employee to administer a drug to a student if the employee
objects, on the basis of religious convictions, to administering
the drug.
Nothing in this section affects the application of section
2305.23, 2305.231, or 3313.712, or 3313.7110 of the Revised Code
to the administration of emergency care or treatment to a student.
Nothing in this section affects the ability of a public or
nonpublic school to participate in a school-based fluoride mouth
rinse program established by the director of health pursuant to
section 3701.136 of the Revised Code. Nothing in this section
affects the ability of a person who is employed by, or who
volunteers for, a school that participates in such a program to
administer fluoride mouth rinse to a student in accordance with
section 3701.136 of the Revised Code and any rules adopted by the
director under that section.
Sec. 3313.718. (A) As used in this section, "prescriber" has
the same meaning as in section 4729.01 of the Revised Code.
(B) Notwithstanding section 3313.713 of the Revised Code or
any policy adopted under that section, a student of a school
operated by a city, local, exempted village, or joint vocational
school district or a student of a chartered nonpublic school may
possess and use an epinephrine autoinjector to treat anaphylaxis,
if all of the following conditions are satisfied:
(1) The student has the written approval of the prescriber of
the autoinjector and, if the student is a minor, the written
approval of the parent, guardian, or other person having care or
charge of the student. The prescriber's written approval shall
include at least all of the following information:
(a) The student's name and address;
(b) The names and dose of the medication contained in the
autoinjector;
(c) The date the administration of the medication is to
begin;
(d) The date, if known, that the administration of the
medication is to cease;
(e) Acknowledgment that the prescriber has determined that
the student is capable of possessing and using the autoinjector
appropriately and has provided the student with training in the
proper use of the autoinjector;
(f) Circumstances in which the autoinjector should be used;
(g) Written instructions that outline procedures school
employees should follow in the event that the student is unable to
administer the anaphylaxis medication or the medication does not
produce the expected relief from the student's anaphylaxis;
(h) Any severe adverse reactions that may occur to the child
using the autoinjector that should be reported to the prescriber;
(i) Any severe adverse reactions that may occur to another
child, for whom the autoinjector is not prescribed, should such a
child receive a dose of the medication;
(j) At least one emergency telephone number for contacting
the prescriber in an emergency;
(k) At least one emergency telephone number for contacting
the parent, guardian, or other person having care or charge of the
student in an emergency;
(l) Any other special instructions from the prescriber.
(2) The school principal and, if a school nurse is assigned
to the student's school building, the school nurse has received
copies of the written approvals required by division (B)(1) of
this section.
(3) The school principal or, if a school nurse is assigned to
the student's school building, the school nurse has received a
backup dose of the anaphylaxis medication from the parent,
guardian, or other person having care or charge of the student or,
if the student is not a minor, from the student.
If these conditions are satisfied, the student may possess
and use the autoinjector at school or at any activity, event, or
program sponsored by or in which the student's school is a
participant.
(C) Whenever a student uses an autoinjector at school or at
any activity, event, or program sponsored by or in which the
student's school is a participant or whenever a school employee
administers anaphylaxis medication to a student at such times that
was possessed by the student pursuant to the written approvals
described in division (B)(1) of this section, a school employee
shall immediately request assistance from an emergency medical
service provider.
(D)(1) A school district, member of a school district board
of education, or school district employee is not liable in damages
in a civil action for injury, death, or loss to person or property
allegedly arising from a district employee's prohibiting a student
from using an autoinjector because of the employee's good faith
belief that the conditions of division (B) of this section had not
been satisfied. A school district, member of a school district
board of education, or school district employee is not liable in
damages in a civil action for injury, death, or loss to person or
property allegedly arising from a district employee's permitting a
student to use an autoinjector because of the employee's good
faith belief that the conditions of division (B) of this section
had been satisfied. Furthermore, when a school district is
required by this section to permit a student to possess and use an
autoinjector because the conditions of division (B) of this
section have been satisfied, the school district, any member of
the school district board of education, or any school district
employee is not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from the
use of the autoinjector by a student for whom it was not
prescribed.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school district, member of a school
district board of education, or school district employee may be
entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.
(2) A chartered nonpublic school or any officer, director, or
employee of the school is not liable in damages in a civil action
for injury, death, or loss to person or property allegedly arising
from a school employee's prohibiting a student from using an
autoinjector because of the employee's good faith belief that the
conditions of division (B) of this section had not been satisfied.
A chartered nonpublic school or any officer, director, or employee
of the school is not liable in damages in a civil action for
injury, death, or loss to person or property allegedly arising
from a school employee's permitting a student to use an
autoinjector because of the employee's good faith belief that the
conditions of division (B) of this section had been satisfied.
Furthermore, when a chartered nonpublic school is required by this
section to permit a student to possess and use an autoinjector
because the conditions of division (B) of this section have been
satisfied, the chartered nonpublic school or any officer,
director, or employee of the school is not liable in damages in a
civil action for injury, death, or loss to person or property
allegedly arising from the use of the autoinjector by a student
for whom it was not prescribed.
Sec. 3313.7110. (A) The board of education of each city,
local, exempted village, or joint vocational school district may
procure epinephrine autoinjectors for each school operated by the
district to have on the school premises for use in emergency
situations identified under division (C)(5) of this section. A
district board that elects to procure epinephrine autoinjectors
under this section is encouraged to maintain, at all times, at
least two epinephrine injectors at each school operated by the
district.
(B) A district board that elects to procure epinephrine
autoinjectors under this section shall require the district's
superintendent to adopt a policy governing their maintenance and
use. Before adopting the policy, the superintendent shall consult
with a licensed health professional authorized to prescribe drugs,
as defined in section 4729.01 of the Revised Code.
(C) A component of a policy adopted by a superintendent under
division (B) of this section shall be a prescriber-issued protocol
specifying definitive orders for epinephrine autoinjectors and the
dosages of epinephrine to be administered through them. The policy
also shall do all of the following:
(1) Identify the one or more locations in each school
operated by the district in which an epinephrine autoinjector must
be stored;
(2) Specify the conditions under which an epinephrine
autoinjector must be stored, replaced, and disposed;
(3) Specify the individuals employed by or under contract
with the district board, in addition to a school nurse licensed
under section 3319.221 of the Revised Code or an athletic trainer
licensed under Chapter 4755. of the Revised Code, who may access
and use an epinephrine autoinjector to provide a dosage of
epinephrine to an individual in an emergency situation identified
under division (C)(5) of this section;
(4) Specify any training that employees or contractors
specified under division (C)(3) of this section, other than a
school nurse or athletic trainer, must complete before being
authorized to access and use an epinephrine autoinjector;
(5) Identify the emergency situations, including when an
individual exhibits signs and symptoms of anaphylaxis, in which a
school nurse, athletic trainer, or other employees or contractors
specified under division (C)(3) of this section may access and use
an epinephrine autoinjector;
(6) Specify that assistance from an emergency medical service
provider must be requested immediately after an epinephrine
autoinjector is used;
(7) Specify the individuals, in addition to students, school
employees or contractors, and school visitors, to whom a dosage of
epinephrine may be administered through an epinephrine
autoinjector in an emergency situation specified under division
(C)(5) of this section.
(D) A school or school district, a member of a district board
of education, or a district or school employee or contractor is
not liable in damages in a civil action for injury, death, or loss
to person or property that allegedly arises from an act or
omission associated with procuring, maintaining, accessing, or
using an epinephrine autoinjector under this section, unless the
act or omission constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other
immunity or defense that a school or school district, member of a
district board of education, or district or school employee or
contractor may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
state.
(E) A school district board of education may accept donations
of epinephrine autoinjectors from a wholesale distributor of
dangerous drugs or a manufacturer of dangerous drugs, as defined
in section 4729.01 of the Revised Code, and may accept donations
of money from any person to purchase epinephrine autoinjectors.
(F) A district board that elects to procure epinephrine
autoinjectors under this section shall report to the department of
education each procurement and occurrence in which an epinephrine
autoinjector is used from a school's supply of epinephrine
autoinjectors.
Sec. 3313.7111. (A) With the approval of its governing
authority, a chartered or nonchartered nonpublic school may
procure epinephrine autoinjectors in the manner prescribed by
section 3313.7110 of the Revised Code. A chartered or nonchartered
nonpublic school that elects to do so shall comply with all
provisions of that section as if it were a school district.
(B) A chartered or nonchartered nonpublic school, a member of
a chartered or nonchartered nonpublic school governing authority,
or an employee or contractor of the school is not liable in
damages in a civil action for injury, death, or loss to person or
property that allegedly arises from an act or omission associated
with procuring, maintaining, accessing, or using an epinephrine
autoinjector under this section, unless the act or omission
constitutes willful or wanton misconduct.
(C) A chartered or nonchartered nonpublic school may accept
donations of epinephrine autoinjectors from a wholesale
distributor of dangerous drugs or a manufacturer of dangerous
drugs, as defined in section 4729.01 of the Revised Code, and may
accept donations of money from any person to purchase epinephrine
autoinjectors.
(D) A chartered or nonchartered nonpublic school that elects
to procure epinephrine autoinjectors under this section shall
report to the department of education each procurement and
occurrence in which an epinephrine autoinjector is used from the
school's supply of epinephrine autoinjectors.
Sec. 3314.143. (A) With the approval of its governing
authority, a community school established under this chapter may
procure epinephrine autoinjectors in the manner prescribed by
section 3313.7110 of the Revised Code. A community school that
elects to do so shall comply with all provisions of that section
as if it were a school district.
(B) A community school, a member of a community school
governing authority, or a community school employee or contractor
is not liable in damages in a civil action for injury, death, or
loss to person or property that allegedly arises from an act or
omission associated with procuring, maintaining, accessing, or
using an epinephrine autoinjector under this section, unless the
act or omission constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other
immunity or defense that a community school or governing
authority, member of a community school governing authority, or
community school employee or contractor may be entitled to under
Chapter 2744. or any other provision of the Revised Code or under
the common law of this state.
(C) A community school may accept donations of epinephrine
autoinjectors from a wholesale distributor of dangerous drugs or a
manufacturer of dangerous drugs, as defined in section 4729.01 of
the Revised Code, and may accept donations of money from any
person to purchase epinephrine autoinjectors.
(D) A community school that elects to procure epinephrine
autoinjectors under this section shall report to the department of
education each procurement and occurrence in which an epinephrine
autoinjector is used from the school's supply of epinephrine
autoinjectors.
Sec. 3326.28. (A) With the approval of its governing body, a
STEM school established under this chapter may procure epinephrine
autoinjectors in the manner prescribed by section 3313.7110 of the
Revised Code. A STEM school that elects to do so shall comply with
all provisions of that section as if it were a school district.
(B) A STEM school, a member of a STEM school governing body,
or a STEM school employee or contractor is not liable in damages
in a civil action for injury, death, or loss to person or property
that allegedly arises from an act or omission associated with
procuring, maintaining, accessing, or using an epinephrine
autoinjector under this section, unless the act or omission
constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other
immunity or defense that a STEM school or governing body, member
of a STEM school governing body, or STEM school employee or
contractor may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
state.
(C) A STEM school may accept donations of epinephrine
autoinjectors from a wholesale distributor of dangerous drugs or a
manufacturer of dangerous drugs, as defined in section 4729.01 of
the Revised Code, and may accept donations of money from any
person to purchase epinephrine autoinjectors.
(D) A STEM school that elects to procure epinephrine
autoinjectors under this section shall report to the department of
education each procurement and occurrence in which an epinephrine
autoinjector is used from the school's supply of epinephrine
autoinjectors.
Sec. 3328.29. (A) With the approval of its board of trustees,
a college-preparatory boarding school established under this
chapter may procure epinephrine autoinjectors in the manner
prescribed by section 3313.7110 of the Revised Code. A
college-preparatory boarding school that elects to do so shall
comply with all provisions of that section as if it were a school
district.
(B) A college-preparatory boarding school, a member of a
college-preparatory boarding school board of trustees, or a
college-preparatory boarding school employee or contractor is not
liable in damages in a civil action for injury, death, or loss to
person or property that allegedly arises from an act or omission
associated with procuring, maintaining, accessing, or using an
epinephrine autoinjector under this section, unless the act or
omission constitutes willful or wanton misconduct.
This division does not eliminate, limit, or reduce any other
immunity or defense that a college-preparatory boarding school or
board of trustees, member of a college-preparatory boarding school
board of trustees, or college-preparatory boarding school employee
or contractor may be entitled to under Chapter 2744. or any other
provision of the Revised Code or under the common law of this
state.
(C) A college-preparatory boarding school may accept
donations of epinephrine autoinjectors from a wholesale
distributor of dangerous drugs or a manufacturer of dangerous
drugs, as defined in section 4729.01 of the Revised Code, and may
accept donations of money from any person to purchase epinephrine
autoinjectors.
(D) A college-preparatory boarding school that elects to
procure epinephrine autoinjectors under this section shall report
to the department of education each procurement and occurrence in
which an epinephrine autoinjector is used from a school's supply
of epinephrine autoinjectors.
Sec. 4729.51. (A) No (1) Except as provided in division
(A)(2) of this section, no person other than a registered
wholesale distributor of dangerous drugs shall possess for sale,
sell, distribute, or deliver, at wholesale, dangerous drugs,
except as follows:
(1)(a) A pharmacist who is a licensed terminal distributor of
dangerous drugs or who is employed by a licensed terminal
distributor of dangerous drugs may make occasional sales of
dangerous drugs at wholesale;
(2)(b) A licensed terminal distributor of dangerous drugs
having more than one establishment or place may transfer or
deliver dangerous drugs from one establishment or place for which
a license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or delivery.
(2) A manufacturer of dangerous drugs may donate epinephrine
autoinjectors to any of the following:
(a) The board of education of a city, local, exempted
village, or joint vocational school district;
(b) A community school established under Chapter 3314. of the
Revised Code;
(c) A STEM school established under Chapter 3326. of the
Revised Code;
(d) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code;
(e) A chartered or nonchartered nonpublic school.
(B)(1) No registered wholesale distributor of dangerous drugs
shall possess for sale, or sell, at wholesale, dangerous drugs to
any person other than the following:
(a) Except as provided in division (B)(2)(a) of this section,
a licensed health professional authorized to prescribe drugs;
(b) An optometrist licensed under Chapter 4725. of the
Revised Code who holds a topical ocular pharmaceutical agents
certificate;
(c) A registered wholesale distributor of dangerous drugs;
(d) A manufacturer of dangerous drugs;
(e) Subject to division (B)(3) of this section, a licensed
terminal distributor of dangerous drugs;
(f) Carriers or warehouses for the purpose of carriage or
storage;
(g) Terminal or wholesale distributors of dangerous drugs who
are not engaged in the sale of dangerous drugs within this state;
(h) An individual who holds a current license, certificate,
or registration issued under Title 47 XLVII of the Revised Code
and has been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only with
respect to insulin that will be used for the purpose of diabetes
education and only if diabetes education is within the
individual's scope of practice under statutes and rules regulating
the individual's profession;
(i) An individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the state board of pharmacy in rule, but only with
respect to medical oxygen that will be used for the purpose of
emergency care or treatment at the scene of a diving emergency;
(j) Except as provided in division (B)(2)(b) of this section,
a business entity that is a corporation formed under division (B)
of section 1701.03 of the Revised Code, a limited liability
company formed under Chapter 1705. of the Revised Code, or a
professional association formed under Chapter 1785. of the Revised
Code if the entity has a sole shareholder who is a licensed health
professional authorized to prescribe drugs and is authorized to
provide the professional services being offered by the entity;
(k) Except as provided in division (B)(2)(c) of this section,
a business entity that is a corporation formed under division (B)
of section 1701.03 of the Revised Code, a limited liability
company formed under Chapter 1705. of the Revised Code, a
partnership or a limited liability partnership formed under
Chapter 1775. of the Revised Code, or a professional association
formed under Chapter 1785. of the Revised Code, if, to be a
shareholder, member, or partner, an individual is required to be
licensed, certified, or otherwise legally authorized under Title
XLVII of the Revised Code to perform the professional service
provided by the entity and each such individual is a licensed
health professional authorized to prescribe drugs;
(l) With respect to epinephrine autoinjectors that may be
possessed under section 3313.7110, 3313.7111, 3314.143, 3326.28,
or 3328.29 of the Revised Code, any of the following: the board of
education of a city, local, exempted village, or joint vocational
school district; a chartered or nonchartered nonpublic school; a
community school established under Chapter 3314. of the Revised
Code; a STEM school established under Chapter 3326. of the Revised
Code; or a college-preparatory boarding school established under
Chapter 3328. of the Revised Code;
(m) With respect to epinephrine autoinjectors that may be
possessed under section 5101.76 of the Revised Code, any of the
following: a residential camp, as defined in section 2151.011 of
the Revised Code; a child day camp, as defined in section 5104.01
of the Revised Code; or a child day camp operated by any county,
township, municipal corporation, township park district created
under section 511.18 of the Revised Code, park district created
under section 1545.04 of the Revised Code, or joint recreation
district established under section 755.14 of the Revised Code.
(2) No registered wholesale distributor of dangerous drugs
shall possess for sale, or sell, at wholesale, dangerous drugs to
any of the following:
(a) A prescriber who is employed by a pain management clinic
that is not licensed as a terminal distributor of dangerous drugs
with a pain management clinic classification issued under section
4729.552 of the Revised Code;
(b) A business entity described in division (B)(1)(j) of this
section that is, or is operating, a pain management clinic without
a license as a terminal distributor of dangerous drugs with a pain
management clinic classification issued under section 4729.552 of
the Revised Code;
(c) A business entity described in division (B)(1)(k) of this
section that is, or is operating, a pain management clinic without
a license as a terminal distributor of dangerous drugs with a pain
management clinic classification issued under section 4729.552 of
the Revised Code.
(3) No registered wholesale distributor of dangerous drugs
shall possess dangerous drugs for sale at wholesale, or sell such
drugs at wholesale, to a licensed terminal distributor of
dangerous drugs, except as follows:
(a) In the case of a terminal distributor with a category I
license, only dangerous drugs described in category I, as defined
in division (A)(1) of section 4729.54 of the Revised Code;
(b) In the case of a terminal distributor with a category II
license, only dangerous drugs described in category I and category
II, as defined in divisions (A)(1) and (2) of section 4729.54 of
the Revised Code;
(c) In the case of a terminal distributor with a category III
license, dangerous drugs described in category I, category II, and
category III, as defined in divisions (A)(1), (2), and (3) of
section 4729.54 of the Revised Code;
(d) In the case of a terminal distributor with a limited
category I, II, or III license, only the dangerous drugs specified
in the certificate furnished by the terminal distributor in
accordance with section 4729.60 of the Revised Code.
(C)(1) Except as provided in division (C)(4) of this section,
no person shall sell, at retail, dangerous drugs.
(2) Except as provided in division (C)(4) of this section, no
person shall possess for sale, at retail, dangerous drugs.
(3) Except as provided in division (C)(4) of this section, no
person shall possess dangerous drugs.
(4) Divisions (C)(1), (2), and (3) of this section do not
apply to a registered wholesale distributor of dangerous drugs, a
licensed terminal distributor of dangerous drugs, or a person who
possesses, or possesses for sale or sells, at retail, a dangerous
drug in accordance with Chapters 3719., 4715., 4723., 4725.,
4729., 4730., 4731., and 4741. of the Revised Code.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a current license, certificate, or
registration issued under Title XLVII of the Revised Code and has
been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only to
the extent that the individual possesses insulin or personally
supplies insulin solely for the purpose of diabetes education and
only if diabetes education is within the individual's scope of
practice under statutes and rules regulating the individual's
profession.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the state board of pharmacy in rule, but only to the
extent that the individual possesses medical oxygen or personally
supplies medical oxygen for the purpose of emergency care or
treatment at the scene of a diving emergency.
Division (C)(3) of this section does not apply to the board
of education of a city, local, exempted village, or joint
vocational school district, a school building operated by a school
district board of education, a chartered or nonchartered nonpublic
school, a community school, a STEM school, or a
college-preparatory boarding school for the purpose of possessing
epinephrine autoinjectors under section 3313.7110, 3313.7111,
3314.143, 3326.28, or 3328.29 of the Revised Code.
Division (C)(3) of this section does not apply to a
residential camp, as defined in section 2151.011 of the Revised
Code, a child day camp, as defined in section 5104.01 of the
Revised Code, or a child day camp operated by any county,
township, municipal corporation, township park district created
under section 511.18 of the Revised Code, park district created
under section 1545.04 of the Revised Code, or joint recreation
district established under section 755.14 of the Revised Code for
the purpose of possessing epinephrine autoinjectors under section
5101.76 of the Revised Code.
(D) No licensed terminal distributor of dangerous drugs shall
purchase for the purpose of resale dangerous drugs from any person
other than a registered wholesale distributor of dangerous drugs,
except as follows:
(1) A licensed terminal distributor of dangerous drugs may
make occasional purchases of dangerous drugs for resale from a
pharmacist who is a licensed terminal distributor of dangerous
drugs or who is employed by a licensed terminal distributor of
dangerous drugs;
(2) A licensed terminal distributor of dangerous drugs having
more than one establishment or place may transfer or receive
dangerous drugs from one establishment or place for which a
license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or receipt.
(E) No licensed terminal distributor of dangerous drugs shall
engage in the sale or other distribution of dangerous drugs at
retail or maintain possession, custody, or control of dangerous
drugs for any purpose other than the distributor's personal use or
consumption, at any establishment or place other than that or
those described in the license issued by the state board of
pharmacy to such terminal distributor.
(F) Nothing in this section shall be construed to interfere
with the performance of official duties by any law enforcement
official authorized by municipal, county, state, or federal law to
collect samples of any drug, regardless of its nature or in whose
possession it may be.
(G) Notwithstanding anything to the contrary in this section,
the board of education of a city, local, exempted village, or
joint vocational school district may deliver epinephrine
autoinjectors to a school under its control for the purpose of
possessing epinephrine autoinjectors under section 3313.7110 of
the Revised Code.
Sec. 4729.60. (A) Before a registered wholesale distributor
of dangerous drugs may sell dangerous drugs at wholesale to any
person, other than the persons specified in divisions (B)(1)(a) to
(d) and (B)(1), (f) to (h), (l), and (m) of section 4729.51 of the
Revised Code, such wholesale distributor shall obtain from the
purchaser and the purchaser shall furnish to the wholesale
distributor a certificate indicating that the purchaser is a
licensed terminal distributor of dangerous drugs. The certificate
shall be in the form that the state board of pharmacy shall
prescribe, and shall set forth the name of the licensee, the
number of the license, a description of the place or establishment
or each place or establishment for which the license was issued,
the category of licensure, and, if the license is a limited
category I, II, or III license, the dangerous drugs that the
licensee is authorized to possess, have custody or control of, and
distribute.
If no certificate is obtained or furnished before a sale is
made, it shall be presumed that the sale of dangerous drugs by the
wholesale distributor is in violation of division (B) of section
4729.51 of the Revised Code and the purchase of dangerous drugs by
the purchaser is in violation of division (C) of section 4729.51
of the Revised Code. If a registered wholesale distributor of
dangerous drugs obtains or is furnished a certificate from a
terminal distributor of dangerous drugs and relies on the
certificate in selling dangerous drugs at wholesale to the
terminal distributor of dangerous drugs, the wholesale distributor
of dangerous drugs shall be deemed not to have violated division
(B) of section 4729.51 of the Revised Code in making the sale.
(B) Before a licensed terminal distributor of dangerous drugs
may purchase dangerous drugs at wholesale, the terminal
distributor shall obtain from the seller and the seller shall
furnish to the terminal distributor the number of the seller's
registration certificate to engage in the sale of dangerous drugs
at wholesale.
If no registration number is obtained or furnished before a
purchase is made, it shall be presumed that the purchase of
dangerous drugs by the terminal distributor is in violation of
division (D) of section 4729.51 of the Revised Code and the sale
of dangerous drugs by the seller is in violation of division (A)
of section 4729.51 of the Revised Code. If a licensed terminal
distributor of dangerous drugs obtains or is furnished a
registration number from a wholesale distributor of dangerous
drugs and relies on the registration number in purchasing
dangerous drugs at wholesale from the wholesale distributor of
dangerous drugs, the terminal distributor shall be deemed not to
have violated division (D) of section 4729.51 of the Revised Code
in making the purchase.
Sec. 5101.76. (A) A residential camp, as defined in section
2151.011 of the Revised Code, a child day camp, as defined in
section 5104.01 of the Revised Code, or a child day camp operated
by any county, township, municipal corporation, township park
district created under section 511.18 of the Revised Code, park
district created under section 1545.04 of the Revised Code, or
joint recreation district established under section 755.14 of the
Revised Code may procure epinephrine autoinjectors for use in
emergency situations identified under division (C)(5) of this
section. A camp that elects to procure epinephrine autoinjectors
under this section is encouraged to maintain at least two
epinephrine autoinjectors at all times.
(B) A camp that elects to procure epinephrine autoinjectors
under this section shall adopt a policy governing their
maintenance and use. Before adopting the policy, the camp shall
consult with a licensed health professional authorized to
prescribe drugs, as defined in section 4729.01 of the Revised
Code.
(C) A component of a policy adopted by a camp under division
(B) of this section shall be a prescriber-issued protocol
specifying definitive orders for epinephrine autoinjectors and the
dosages of epinephrine to be administered through them. The policy
also shall do all of the following:
(1) Identify the one or more locations in which an
epinephrine autoinjector must be stored;
(2) Specify the conditions under which an epinephrine
autoinjector must be stored, replaced, and disposed;
(3) Specify the individuals employed by or under contract
with the camp who may access and use an epinephrine autoinjector
to provide a dosage of epinephrine to an individual in an
emergency situation identified under division (C)(5) of this
section;
(4) Specify any training that employees or contractors
specified under division (C)(3) of this section must complete
before being authorized to access and use an epinephrine
autoinjector;
(5) Identify the emergency situations, including when an
individual exhibits signs and symptoms of anaphylaxis, in which
employees or contractors specified under division (C)(3) of this
section may access and use an epinephrine autoinjector;
(6) Specify that assistance from an emergency medical service
provider must be requested immediately after an epinephrine
autoinjector is used;
(7) Specify the individuals to whom a dosage of epinephrine
may be administered through an epinephrine autoinjector in an
emergency situation specified under division (C)(5) of this
section.
(D) A camp or camp employee or contractor is not liable in
damages in a civil action for injury, death, or loss to person or
property that allegedly arises from an act or omission associated
with procuring, maintaining, accessing, or using an epinephrine
autoinjector under this section, unless the act or omission
constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other
immunity or defense that a camp or camp employee or contractor may
be entitled to under Chapter 2744. or any other provision of the
Revised Code or under the common law of this state.
(E) A camp may accept donations of epinephrine autoinjectors
from a wholesale distributor of dangerous drugs, as defined in
section 4729.01 of the Revised Code, and may accept donations of
money from any person to purchase epinephrine autoinjectors.
(F) A camp that elects to procure epinephrine autoinjectors
under this section shall report to the department of job and
family services each procurement and occurrence in which an
epinephrine autoinjector is used from a camp's supply of
epinephrine autoinjectors.
SECTION 2. That existing sections 3313.713, 3313.718,
4729.51, and 4729.60 of the Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
allergic reactions can be life-threatening and Ohio schools and
camps presently lack authorization to procure epinephrine
autoinjectors to treat emergency anaphylaxis. Because anaphylaxis
can lead to death or permanent damage within minutes,
authorization to procure and timely administer epinephrine is
critical. Therefore, this act shall go into immediate effect.
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