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Am. Sub. H. B. No. 44 As Enrolled
(130th General Assembly)
(Amended Substitute House Bill Number 44)
AN ACT
To enact section 3701.048 of the Revised Code to
require the Director of Health to develop
protocols regarding the authority to administer,
deliver, distribute, or dispense drugs during
certain public health emergencies.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 3701.048 of the Revised Code be
enacted to read as follows:
Sec. 3701.048. (A) As used in this section:
(1) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health under section 3709.05 of the Revised Code.
(2) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(3) "Drug," "dangerous drug," and "licensed health
professional authorized to prescribe drugs" have the same meanings
as in section 4729.01 of the Revised Code.
(4) "Registered volunteer" has the same meaning as in section
5502.281 of the Revised Code.
(B) In consultation with the appropriate professional
regulatory boards of this state, the director of health shall
develop one or more protocols that authorize the following
individuals to administer, deliver, or distribute drugs, other
than schedule II and III controlled substances, during a period of
time described in division (E) of this section, notwithstanding
any statute or rule that otherwise prohibits or restricts the
administration, delivery, or distribution of drugs by those
individuals:
(1) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery;
(2) A physician assistant who holds a certificate to practice
issued under Chapter 4730. of the Revised Code;
(3) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(4) A registered nurse licensed under Chapter 4723. of the
Revised Code, including an advanced practice registered nurse, as
defined in section 4723.01 of the Revised Code;
(5) A licensed practical nurse licensed under Chapter 4723.
of the Revised Code;
(6) An optometrist licensed under Chapter 4725. of the
Revised Code;
(7) A pharmacist or pharmacy intern licensed under Chapter
4729. of the Revised Code;
(8) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(9) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
who holds a certificate to practice issued under Chapter 4765. of
the Revised Code;
(10) A veterinarian licensed under Chapter 4741. of the
Revised Code.
(C) In consultation with the executive director of the
emergency management agency, the director of health shall develop
one or more protocols that authorize employees of boards of health
and registered volunteers to deliver or distribute drugs, other
than schedule II and III controlled substances, during a period of
time described in division (E) of this section, notwithstanding
any statute or rule that otherwise prohibits or restricts the
delivery or distribution of drugs by those individuals.
(D) In consultation with the state board of pharmacy, the
director of health shall develop one or more protocols that
authorize pharmacists and pharmacy interns to dispense, during a
period of time described in division (E) of this section, limited
quantities of dangerous drugs, other than schedule II and III
controlled substances, without a written, oral, or electronic
prescription from a licensed health professional authorized to
prescribe drugs or without a record of a prescription,
notwithstanding any statute or rule that otherwise prohibits or
restricts the dispensing of drugs without a prescription or record
of a prescription.
(E) On the governor's declaration of an emergency that
affects the public health, the director of health may issue an
order to implement one or more of the protocols developed pursuant
to division (B), (C), or (D) of this section. At a minimum, the
director's order shall identify the one or more protocols to be
implemented and the period of time during which the one or more
protocols are to be effective.
(F)(1) An individual who administers, delivers, distributes,
or dispenses a drug or dangerous drug in accordance with one or
more of the protocols implemented under division (E) of this
section is not liable for damages in any civil action unless the
individual's acts or omissions in performing those activities
constitute willful or wanton misconduct.
(2) An individual who administers, delivers, distributes, or
dispenses a drug or dangerous drug in accordance with one or more
of the protocols implemented under division (E) of this section is
not subject to criminal prosecution or professional disciplinary
action under any chapter in Title XLVII of the Revised Code.
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