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Am. S. B. No. 230 As Enrolled
(130th General Assembly)
(Amended Senate Bill Number 230)
To amend section 4729.03 and to enact section 4729.43
of the Revised Code to change the requirements to
serve as the Executive Director of the State Board
of Pharmacy and to establish standards for the
delivery of non-self-injectable cancer drugs.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 4729.03 be amended and section
4729.43 of the Revised Code be enacted to read as follows:
Sec. 4729.03. The state board of pharmacy shall organize by
electing a president and a vice-president who are members of the
board. The president shall preside over the meetings of the board,
but shall not vote upon matters determined by the board, except in
the event of a tie vote, in which case the president shall vote.
The board shall also employ an executive director
who is a
licensed pharmacist in good standing in the practice of pharmacy
in this state. The person employed shall not be a member of the
board. Each of the officers elected shall serve for a term of one
year. The members of the board shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code for
each day employed in the discharge of their official duties and
their necessary expenses while engaged therein.
Sec. 4729.43. (A) As used in this section:
(1) "Home health agency" has the same meaning as in section
3701.881 of the Revised Code.
(2) "Hospice care program" and "hospice patient" have the
same meanings as in section 3712.01 of the Revised Code.
(B) With regard to a dangerous drug that is indicated for the
treatment of cancer or a cancer-related illness, must be
administered intravenously or by subcutaneous injection, and
cannot reasonably be self-administered by the patient to whom the
drug is prescribed or by an individual assisting the patient with
the self-administration, a pharmacist or pharmacy intern shall not
dispense the drug by delivering the drug directly to any of the
following or causing the drug to be delivered directly to any of
(1) The patient;
(2) The patient's representative, which may include the
patient's guardian or a family member or friend of the patient;
(3) The patient's private residence unless any of the
following is the case:
(a) The patient's private residence is a nursing home,
residential care facility, rehabilitation facility, or similar
institutional facility or heath care facility.
(b) If the patient is an adult and a hospice patient or
client of a home health agency, the patient, the licensed health
professional authorized to prescribe drugs who prescribed the drug
to the patient, or an employee or agent of the prescriber has
notified the pharmacist or pharmacy intern that the patient is a
hospice patient or client of a home health agency and an employee
or agent of the hospice care program or home health agency will be
administering the drug to the patient.
(c) If the patient is a minor and a hospice patient or client
of a home health agency, either of the following has notified the
pharmacist or pharmacy intern that the patient is a client of a
home health agency and an employee or agent of the hospice care
program or home health agency will be administering the drug to
(i) The licensed health professional authorized to prescribe
drugs who prescribed the drug to the patient or an employee or
agent of the prescriber;
(ii) The parent, guardian, or other person who has care or
charge of the patient and is authorized to consent to medical
treatment on behalf of the patient.
SECTION 2. That existing section 4729.03 of the Revised Code
is hereby repealed.