Bill Text: OH HB116 | 2013-2014 | 130th General Assembly | Comm Sub


Bill Title: To govern the chemical capture of animals and to make changes to the law governing euthanasia of an animal by lethal injection.

Spectrum: Slight Partisan Bill (Republican 18-7)

Status: (Engrossed - Dead) 2014-05-28 - Committee Report [HB116 Detail]

Download: Ohio-2013-HB116-Comm_Sub.html
As Reported by the Senate Agriculture Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 116


Representative Pelanda 

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, 1
4729.54, and 4729.55 and to enact sections 2
955.151, 959.134, 3719.091, 4729.533, 4729.534, 3
4729.535, 4729.542, 4729.991, and 4741.201 of the 4
Revised Code to govern the chemical capture of 5
animals and to make changes to the law governing 6
euthanasia of an animal by lethal injection.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 4729.01, 4729.531, 4729.532, 8
4729.54, and 4729.55 be amended and sections 955.151, 959.134, 9
3719.091, 4729.533, 4729.534, 4729.535, 4729.542, 4729.991, and 10
4741.201 of the Revised Code be enacted to read as follows:11

       Sec. 955.151. (A) As used in this section:12

       (1) "Certified officer" means an individual who holds a 13
certificate issued under section 4729.534 of the Revised Code.14

       (2) "Chemical capture" means using an anesthetic drug on a 15
companion animal or dog at large to do any of the following:16

       (a) Immobilize and capture;17

       (b) Attempt to immobilize and capture;18

       (c) Attempt to immobilize or capture.19

        (3) "Companion animal" has the same meaning as in section 20
959.131 of the Revised Code.21

        (B) A certified officer appointed or employed by an animal 22
shelter or county dog warden that holds a chemical capture 23
classification granted under section 4729.533 of the Revised Code 24
may, in accordance with that section and rules adopted under it, 25
chemically capture a companion animal or dog at large to limit 26
injury to the officer, the animal or another animal, or the 27
public.28

       Sec. 959.134.  (A) Chemical capture of a companion animal or 29
dog at large by a certified officer in accordance with the laws of 30
this state is not an act of cruelty.31

       (B) "Chemical capture" and "certified officer" have the same 32
meanings as in section 955.151 of the Revised Code.33

       Sec. 3719.091.  Possession or control of dangerous drugs as 34
defined in section 4729.01 of the Revised Code is authorized when 35
in the scope of duties by a certified officer, as defined in 36
section 955.151 of the Revised Code, for use in chemical capture 37
under that section.38

       Sec. 4729.01. As used in this chapter:39

       (A) "Pharmacy," except when used in a context that refers to 40
the practice of pharmacy, means any area, room, rooms, place of 41
business, department, or portion of any of the foregoing where the 42
practice of pharmacy is conducted.43

       (B) "Practice of pharmacy" means providing pharmacist care 44
requiring specialized knowledge, judgment, and skill derived from 45
the principles of biological, chemical, behavioral, social, 46
pharmaceutical, and clinical sciences. As used in this division, 47
"pharmacist care" includes the following:48

       (1) Interpreting prescriptions;49

       (2) Dispensing drugs and drug therapy related devices;50

       (3) Compounding drugs;51

       (4) Counseling individuals with regard to their drug therapy, 52
recommending drug therapy related devices, and assisting in the 53
selection of drugs and appliances for treatment of common diseases 54
and injuries and providing instruction in the proper use of the 55
drugs and appliances;56

       (5) Performing drug regimen reviews with individuals by 57
discussing all of the drugs that the individual is taking and 58
explaining the interactions of the drugs;59

       (6) Performing drug utilization reviews with licensed health 60
professionals authorized to prescribe drugs when the pharmacist 61
determines that an individual with a prescription has a drug 62
regimen that warrants additional discussion with the prescriber;63

       (7) Advising an individual and the health care professionals 64
treating an individual with regard to the individual's drug 65
therapy;66

       (8) Acting pursuant to a consult agreement with a physician 67
authorized under Chapter 4731. of the Revised Code to practice 68
medicine and surgery or osteopathic medicine and surgery, if an 69
agreement has been established with the physician;70

       (9) Engaging in the administration of immunizations to the 71
extent authorized by section 4729.41 of the Revised Code.72

       (C) "Compounding" means the preparation, mixing, assembling, 73
packaging, and labeling of one or more drugs in any of the 74
following circumstances:75

       (1) Pursuant to a prescription issued by a licensed health 76
professional authorized to prescribe drugs;77

       (2) Pursuant to the modification of a prescription made in 78
accordance with a consult agreement;79

       (3) As an incident to research, teaching activities, or 80
chemical analysis;81

       (4) In anticipation of orders for drugs pursuant to 82
prescriptions, based on routine, regularly observed dispensing 83
patterns;84

       (5) Pursuant to a request made by a licensed health 85
professional authorized to prescribe drugs for a drug that is to 86
be used by the professional for the purpose of direct 87
administration to patients in the course of the professional's 88
practice, if all of the following apply:89

       (a) At the time the request is made, the drug is not 90
commercially available regardless of the reason that the drug is 91
not available, including the absence of a manufacturer for the 92
drug or the lack of a readily available supply of the drug from a 93
manufacturer.94

       (b) A limited quantity of the drug is compounded and provided 95
to the professional.96

       (c) The drug is compounded and provided to the professional 97
as an occasional exception to the normal practice of dispensing 98
drugs pursuant to patient-specific prescriptions.99

       (D) "Consult agreement" means an agreement to manage an 100
individual's drug therapy that has been entered into by a 101
pharmacist and a physician authorized under Chapter 4731. of the 102
Revised Code to practice medicine and surgery or osteopathic 103
medicine and surgery.104

       (E) "Drug" means:105

       (1) Any article recognized in the United States pharmacopoeia 106
and national formulary, or any supplement to them, intended for 107
use in the diagnosis, cure, mitigation, treatment, or prevention 108
of disease in humans or animals;109

       (2) Any other article intended for use in the diagnosis, 110
cure, mitigation, treatment, or prevention of disease in humans or 111
animals;112

       (3) Any article, other than food, intended to affect the 113
structure or any function of the body of humans or animals;114

       (4) Any article intended for use as a component of any 115
article specified in division (E)(1), (2), or (3) of this section; 116
but does not include devices or their components, parts, or 117
accessories.118

       (F) "Dangerous drug" means any of the following:119

       (1) Any drug to which either of the following applies:120

       (a) Under the "Federal Food, Drug, and Cosmetic Act," 52 121
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 122
required to bear a label containing the legend "Caution: Federal 123
law prohibits dispensing without prescription" or "Caution: 124
Federal law restricts this drug to use by or on the order of a 125
licensed veterinarian" or any similar restrictive statement, or 126
the drug may be dispensed only upon a prescription;127

       (b) Under Chapter 3715. or 3719. of the Revised Code, the 128
drug may be dispensed only upon a prescription.129

       (2) Any drug that contains a schedule V controlled substance 130
and that is exempt from Chapter 3719. of the Revised Code or to 131
which that chapter does not apply;132

       (3) Any drug intended for administration by injection into 133
the human body other than through a natural orifice of the human 134
body.135

       (G) "Federal drug abuse control laws" has the same meaning as 136
in section 3719.01 of the Revised Code.137

       (H) "Prescription" means a written, electronic, or oral order 138
for drugs or combinations or mixtures of drugs to be used by a 139
particular individual or for treating a particular animal, issued 140
by a licensed health professional authorized to prescribe drugs.141

       (I) "Licensed health professional authorized to prescribe 142
drugs" or "prescriber" means an individual who is authorized by 143
law to prescribe drugs or dangerous drugs or drug therapy related 144
devices in the course of the individual's professional practice, 145
including only the following:146

       (1) A dentist licensed under Chapter 4715. of the Revised 147
Code;148

        (2) A clinical nurse specialist, certified nurse-midwife, or 149
certified nurse practitioner who holds a certificate to prescribe 150
issued under section 4723.48 of the Revised Code;151

       (3) An optometrist licensed under Chapter 4725. of the 152
Revised Code to practice optometry under a therapeutic 153
pharmaceutical agents certificate;154

       (4) A physician authorized under Chapter 4731. of the Revised 155
Code to practice medicine and surgery, osteopathic medicine and 156
surgery, or podiatric medicine and surgery;157

       (5) A physician assistant who holds a certificate to 158
prescribe issued under Chapter 4730. of the Revised Code;159

       (6) A veterinarian licensed under Chapter 4741. of the 160
Revised Code.161

       (J) "Sale" and "sell" include delivery, transfer, barter, 162
exchange, or gift, or offer therefor, and each such transaction 163
made by any person, whether as principal proprietor, agent, or 164
employee.165

       (K) "Wholesale sale" and "sale at wholesale" mean any sale in 166
which the purpose of the purchaser is to resell the article 167
purchased or received by the purchaser.168

       (L) "Retail sale" and "sale at retail" mean any sale other 169
than a wholesale sale or sale at wholesale.170

       (M) "Retail seller" means any person that sells any dangerous 171
drug to consumers without assuming control over and responsibility 172
for its administration. Mere advice or instructions regarding 173
administration do not constitute control or establish 174
responsibility.175

       (N) "Price information" means the price charged for a 176
prescription for a particular drug product and, in an easily 177
understandable manner, all of the following:178

       (1) The proprietary name of the drug product;179

       (2) The established (generic) name of the drug product;180

       (3) The strength of the drug product if the product contains 181
a single active ingredient or if the drug product contains more 182
than one active ingredient and a relevant strength can be 183
associated with the product without indicating each active 184
ingredient. The established name and quantity of each active 185
ingredient are required if such a relevant strength cannot be so 186
associated with a drug product containing more than one 187
ingredient.188

       (4) The dosage form;189

       (5) The price charged for a specific quantity of the drug 190
product. The stated price shall include all charges to the 191
consumer, including, but not limited to, the cost of the drug 192
product, professional fees, handling fees, if any, and a statement 193
identifying professional services routinely furnished by the 194
pharmacy. Any mailing fees and delivery fees may be stated 195
separately without repetition. The information shall not be false 196
or misleading.197

       (O) "Wholesale distributor of dangerous drugs" means a person 198
engaged in the sale of dangerous drugs at wholesale and includes 199
any agent or employee of such a person authorized by the person to 200
engage in the sale of dangerous drugs at wholesale.201

       (P) "Manufacturer of dangerous drugs" means a person, other 202
than a pharmacist, who manufactures dangerous drugs and who is 203
engaged in the sale of those dangerous drugs within this state.204

       (Q) "Terminal distributor of dangerous drugs" means a person 205
who is engaged in the sale of dangerous drugs at retail, or any 206
person, other than a wholesale distributor or a pharmacist, who 207
has possession, custody, or control of dangerous drugs for any 208
purpose other than for that person's own use and consumption, and 209
includes pharmacies, hospitals, nursing homes, and laboratories 210
and all other persons who procure dangerous drugs for sale or 211
other distribution by or under the supervision of a pharmacist or 212
licensed health professional authorized to prescribe drugs.213

       (R) "Promote to the public" means disseminating a 214
representation to the public in any manner or by any means, other 215
than by labeling, for the purpose of inducing, or that is likely 216
to induce, directly or indirectly, the purchase of a dangerous 217
drug at retail.218

       (S) "Person" includes any individual, partnership, 219
association, limited liability company, or corporation, the state, 220
any political subdivision of the state, and any district, 221
department, or agency of the state or its political subdivisions.222

       (T) "Finished dosage form" has the same meaning as in section 223
3715.01 of the Revised Code.224

       (U) "Generically equivalent drug" has the same meaning as in 225
section 3715.01 of the Revised Code.226

       (V)(1) "Animal shelter" means a facility operated by a humane 227
society or any society organized under Chapter 1717. of the 228
Revised Code or a dog pound operated pursuant to Chapter 955. of 229
the Revised Code.230

       (2) "County dog warden" means a dog warden or deputy dog 231
warden appointed or employed under section 955.12 of the Revised 232
Code.233

       (W) "Food" has the same meaning as in section 3715.01 of the 234
Revised Code.235

       (X) "Pain management clinic" has the same meaning as in 236
section 4731.054 of the Revised Code.237

       Sec. 4729.531.  (A) The state board of pharmacy may issue a 238
limited license to an animal sheltersshelter or county dog warden239
solely for the purpose of purchasing, possessing, and 240
administering combination drugs that contain pentobarbital and at 241
least one noncontrolled substance ingredient,are distributed in a 242
manufactured dosage form, whose only indication is for euthanizing 243
animals, or other substancesas described in section 4729.532 of 244
the Revised Code. No such license shall authorize or permit the 245
distribution of these drugs to any person other than the 246
originating wholesale distributor of the drugs. An application for 247
licensure shall include the information the board requires by rule 248
under this section. If the application meets the requirements of 249
the rules adopted under this section, the board shall issue the 250
license.251

       (B) The board, in accordance with Chapter 119. of the Revised 252
Code, shall adopt any rules necessary to administer and enforce 253
this section. The rules shall do all of the following:254

       (1) Require as a condition of licensure of the facility that 255
an agent or employee of an animal shelter or an agent or employee 256
of a county dog warden, other than a registered veterinary 257
technician as defined in section 4741.01 of the Revised Code, has 258
successfully completed a euthanasia technician certification 259
course described in section 4729.532 of the Revised Code;260

       (2) Specify the information the animal shelter or county dog 261
warden must provide the board for issuance or renewal of a 262
license;263

       (3) Establish criteria for the board to use in determining 264
whether to refuse to issue or renew, suspend, or revoke a license 265
issued under this section;266

       (4) Address any other matters the board considers necessary 267
or appropriate for the administration and enforcement of this 268
section.269

       Sec. 4729.532.  (A) No agent or employee of an animal shelter 270
and no county dog warden or agent or employee of a county dog 271
warden shall perform euthanasia by means of lethal injection on an 272
animal by use of any substance other than combination drugs that 273
contain pentobarbital and at least one noncontrolleda substance 274
active ingredient, in a manufactured dosage form, whose only 275
indication is for euthanizing animals, or other substance that the 276
state veterinary medical licensing board and, in consultation with277
the state board of pharmacy both approve, approves by rule adopted 278
in accordance with Chapter 119. of the Revised Code.279

       The agent or employee of an animal shelter, county dog 280
warden, or agent or employee of a county dog warden when using a 281
lethal solution to perform euthanasia on an animal shall use such282
the solution in accordance with one of the following methods and 283
in the following order of preference:284

       (1) Intravenous injection by hypodermic needle;285

       (2) Intraperitoneal injection by hypodermic needle;286

       (3) Intracardial injection by hypodermic needle, but only on 287
a sedated or unconsciousan animal verfied to be unconscious;288

       (4) SolutionOral administration of solution or powder added 289
to food.290

       (B) Except as provided in division (D) of this section, no291
Before euthanasia, a euthanasia technician may administer a 292
solution of one or more drugs exclusively for the purpose of 293
inducing sedation or unconsciousness prior to euthanasia. Only 294
those drugs that have been approved by rule of the state board of 295
pharmacy, in consultation with the state veterinary medical 296
licensing board, may be used. 297

       (C) No agent or employee of an animal shelter and no county 298
dog warden or agent or employee of a county dog warden, other than 299
a registered veterinary technician as defined in section 4741.01 300
of the Revised Code, shall perform euthanasia by means of lethal 301
injection on an animal or administer pre-euthanasia drugs that 302
induce sedation or unconsciousness unless hethe agent or employee 303
or county dog warden has received certification after successfully 304
completing a euthanasia technician certification course as 305
described in this division.306

       The curriculum for a euthanasia technician certification 307
course shall be one that has been approved by the state veterinary 308
medical licensing board, shall be at least sixteen hours in 309
length, and shall include information in at least all of the 310
following areas:311

       (1) The pharmacology, proper administration, and storage of 312
euthanasia and sedation solutions;313

       (2) Federal and state laws regulating the storage and 314
accountability of euthanasia and sedation solutions;315

       (3) Euthanasia technician stress management;316

       (4) Proper disposal of euthanized animals.317

       (C)(D)(1) Except as provided in division (D) of this section, 318
noNo agent or employee of either an animal shelter or county dog 319
warden shall perform euthanasia by means of lethal injection on 320
animals or administer pre-euthanasia drugs that induce sedation or 321
unconsciousness under this section unless the facility in which he322
the agent or employee works or is employed is licensed with the 323
state board of pharmacy under section 4729.531 of the Revised 324
Code.325

       (2) Any agent or employee of an animal shelter or county dog 326
warden performing euthanasia by means of lethal injection or 327
administering pre-euthanasia drugs that induce sedation or 328
unconsciousness shall do so only in a humane and proficient manner 329
that is in conformity with the methods described in division330
divisions (A) and (B) of this section and not in violation of 331
Chapter 959. of the Revised Code.332

       (D) An agent or employee of an animal shelter who is 333
performing euthanasia by means of lethal injection on animals on 334
or before the effective date of this section may continue to 335
perform such euthanasia and is not required to be certified in 336
compliance with division (B) of this section until ninety days 337
after the effective date of the rules adopted in compliance with 338
Section 3 of House Bill No. 88 of the 120th general assembly.339

       (E) Nothing in this section precludes a licensed veterinarian 340
or registered veterinary technician as defined in section 4741.01 341
of the Revised Code from engaging in the practice of veterinary 342
medicine as authorized in Chapter 4741. of the Revised Code.343

       Sec. 4729.533. (A) As used in this section and sections 344
4729.534 and 4729.535 of the Revised Code, "certified officer" and 345
"chemical capture" have the same meanings as in section 955.151 of 346
the Revised Code.347

       (B) On application of an animal shelter or county dog warden 348
that holds a limited license issued under section 4729.531 of the 349
Revised Code, the state board of pharmacy may grant a chemical 350
capture classification to the limited license. The classification 351
permits the holder to purchase, possess, and administer a 352
combination of drugs for chemical capture. No such classification 353
shall authorize or permit the distribution of these drugs to any 354
person other than the originating wholesale distributor of the 355
drugs.356

        (C) To qualify for a chemical capture classification under 357
this section, an applicant shall appoint or employ a certified 358
officer.359

       (D) If an applicant meets the requirements of this section 360
and rules adopted under it, the board shall grant the 361
classification. The board may suspend or revoke a classification 362
or refuse to issue or renew a classification for any violation of 363
this section, section 4729.535 of the Revised Code, or rules 364
adopted under this section.365

        (E) The state board of pharmacy, in accordance with Chapter 366
119. of the Revised Code and in consultation with the state 367
veterinary medical licensing board, shall adopt rules that do all 368
of the following:369

        (1) Specify the information an applicant must provide for 370
issuance or renewal of a chemical capture classification;371

        (2) Establish criteria for the state board of pharmacy to use 372
in determining whether to refuse to grant a classification or to 373
renew, suspend, or revoke a classification;374

        (3) Specify all of the following:375

        (a) The drugs to be used in chemical capture;376

        (b) The proper storage, administration, and use of approved 377
drugs;378

        (c) The proper storage, maintenance, and use of instruments 379
and equipment used in chemical capture;380

        (d) The proper disposal of instruments used in chemical 381
capture.382

        (4) Establish criteria for all of the following:383

        (a) Determining when chemical capture is appropriate;384

        (b) The care of a companion animal immediately upon capture;385

        (c) Recordkeeping for the drugs used and actions taken during 386
a chemical capture.387

        (5) Address any other matters the board considers necessary 388
or appropriate for administration and enforcement of this section 389
and sections 4729.534 and 4729.535 of the Revised Code.390

       Sec. 4729.534. (A) The state board of pharmacy in 391
consultation with the state veterinary medical licensing board 392
shall certify an individual as a certified officer if the 393
individual does one of the following:394

        (1) Successfully completes a chemical capture course that has 395
a curriculum approved in accordance with division (B) of this 396
section;397

        (2) Successfully completes training acceptable to the state 398
board of pharmacy from the national animal control association or 399
safe capture international, inc.400

        (B) To be approved as a chemical capture curriculum for 401
purposes of division (A)(1) of this section, a curriculum shall 402
include all of the following topics:403

        (1) The pharmacology, proper administration, storage, and 404
recordkeeping of drugs used in chemical capture;405

        (2) Federal and state laws regulating the storage and 406
accountability of drugs used in chemical capture;407

        (3) Chemical capture technology, animal behavior, 408
post-immobilization procedures, proper public and personnel 409
safety, and marksmanship training;410

        (4) Any other topic specified by the state board of pharmacy.411

       Sec. 4729.535. No person shall perform chemical capture with 412
a drug or combination of drugs other than the drugs specified in 413
rules adopted under section 4729.533 of the Revised Code.414

       No animal shelter or county dog warden shall permit an 415
individual to perform chemical capture unless the shelter or 416
warden holds a chemical capture classification granted under 417
section 4729.533 of the Revised Code and the individual is a 418
certified officer.419

        No individual shall perform chemical capture unless the 420
individual is a certified officer and is appointed or employed by 421
an animal shelter or county dog warden that holds a chemical 422
capture classification.423

       Nothing in this section precludes a licensed veterinarian as 424
defined in section 4741.01 of the Revised Code from engaging in 425
the practice of veterinary medicine as authorized in Chapter 4741. 426
of the Revised Code.427

       Sec. 4729.54.  (A) As used in this section and section428
sections 4729.541 and 4729.542 of the Revised Code:429

       (1) "Category I" means single-dose injections of intravenous 430
fluids, including saline, Ringer's lactate, five per cent dextrose 431
and distilled water, and other intravenous fluids or parenteral 432
solutions included in this category by rule of the state board of 433
pharmacy, that have a volume of one hundred milliliters or more 434
and that contain no added substances, or single-dose injections of 435
epinephrine to be administered pursuant to sections 4765.38 and 436
4765.39 of the Revised Code.437

       (2) "Category II" means any dangerous drug that is not 438
included in category I or III.439

       (3) "Category III" means any controlled substance that is 440
contained in schedule I, II, III, IV, or V.441

       (4) "Emergency medical service organization" has the same 442
meaning as in section 4765.01 of the Revised Code.443

       (5) "Person" includes an emergency medical service 444
organization.445

       (6) "Schedule I, schedule II, schedule III, schedule IV, and 446
schedule V" mean controlled substance schedules I, II, III, IV, 447
and V, respectively, as established pursuant to section 3719.41 of 448
the Revised Code and as amended.449

       (B)(1) A person who desires to be licensed as a terminal 450
distributor of dangerous drugs shall file with the executive 451
director of the state board of pharmacy a verified application. 452
After it is filed, the application may not be withdrawn without 453
approval of the board.454

       (2) An application shall contain all the following that apply 455
in the applicant's case:456

       (a) Information that the board requires relative to the 457
qualifications of a terminal distributor of dangerous drugs set 458
forth in section 4729.55 of the Revised Code;459

       (b) A statement that the person wishes to be licensed as a 460
category I, category II, category III, limited category I, limited 461
category II, or limited category III terminal distributor of 462
dangerous drugs;463

       (c) If the person wishes to be licensed as a limited category 464
I, limited category II, or limited category III terminal 465
distributor of dangerous drugs, a notarized list of the dangerous 466
drugs that the person wishes to possess, have custody or control 467
of, and distribute, which list shall also specify the purpose for 468
which those drugs will be used and their source;469

       (d) If the person is an emergency medical service 470
organization, the information that is specified in division (C)(1) 471
of this section;472

       (e) Except for an emergency medical service organization, the 473
identity of the one establishment or place at which the person 474
intends to engage in the sale or other distribution of dangerous 475
drugs at retail, and maintain possession, custody, or control of 476
dangerous drugs for purposes other than the person's own use or 477
consumption;478

       (f) If the application pertains to a pain management clinic, 479
information that demonstrates, to the satisfaction of the board, 480
compliance with division (A) of section 4729.552 of the Revised 481
Code.482

       (C)(1) An emergency medical service organization that wishes 483
to be licensed as a terminal distributor of dangerous drugs shall 484
list in its application for licensure the following additional 485
information:486

       (a) The units under its control that the organization 487
determines will possess dangerous drugs for the purpose of 488
administering emergency medical services in accordance with 489
Chapter 4765. of the Revised Code;490

       (b) With respect to each such unit, whether the dangerous 491
drugs that the organization determines the unit will possess are 492
in category I, II, or III.493

       (2) An emergency medical service organization that is 494
licensed as a terminal distributor of dangerous drugs shall file a 495
new application for such licensure if there is any change in the 496
number, or location of, any of its units or any change in the 497
category of the dangerous drugs that any unit will possess.498

       (3) A unit listed in an application for licensure pursuant to 499
division (C)(1) of this section may obtain the dangerous drugs it 500
is authorized to possess from its emergency medical service 501
organization or, on a replacement basis, from a hospital pharmacy. 502
If units will obtain dangerous drugs from a hospital pharmacy, the 503
organization shall file, and maintain in current form, the 504
following items with the pharmacist who is responsible for the 505
hospital's terminal distributor of dangerous drugs license:506

       (a) A copy of its standing orders or protocol;507

       (b) A list of the personnel employed or used by the 508
organization to provide emergency medical services in accordance 509
with Chapter 4765. of the Revised Code, who are authorized to 510
possess the drugs, which list also shall indicate the personnel 511
who are authorized to administer the drugs.512

       (D) Each emergency medical service organization that applies 513
for a terminal distributor of dangerous drugs license shall submit 514
with its application the following:515

       (1) A notarized copy of its standing orders or protocol, 516
which orders or protocol shall be signed by a physician and 517
specify the dangerous drugs that its units may carry, expressed in 518
standard dose units;519

       (2) A list of the personnel employed or used by the 520
organization to provide emergency medical services in accordance 521
with Chapter 4765. of the Revised Code.522

       An emergency medical service organization that is licensed as 523
a terminal distributor shall notify the board immediately of any 524
changes in its standing orders or protocol.525

       (E) There shall be six categories of terminal distributor of 526
dangerous drugs licenses, which categories shall be as follows:527

       (1) Category I license. A person who obtains this license may 528
possess, have custody or control of, and distribute only the 529
dangerous drugs described in category I.530

       (2) Limited category I license. A person who obtains this 531
license may possess, have custody or control of, and distribute 532
only the dangerous drugs described in category I that were listed 533
in the application for licensure.534

       (3) Category II license. A person who obtains this license 535
may possess, have custody or control of, and distribute only the 536
dangerous drugs described in category I and category II.537

       (4) Limited category II license. A person who obtains this 538
license may possess, have custody or control of, and distribute 539
only the dangerous drugs described in category I or category II 540
that were listed in the application for licensure.541

       (5) Category III license, which may include a pain management 542
clinic classification issued under section 4729.552 of the Revised 543
Code. A person who obtains this license may possess, have custody 544
or control of, and distribute the dangerous drugs described in 545
category I, category II, and category III. If the license includes 546
a pain management clinic classification, the person may operate a 547
pain management clinic.548

       (6) Limited category III license. A person who obtains this 549
license may possess, have custody or control of, and distribute 550
only the dangerous drugs described in category I, category II, or 551
category III that were listed in the application for licensure.552

       (F) Except for an application made by a county dog warden or553
on behalf of an animal shelter, if an applicant for licensure as a 554
limited category I, II, or III terminal distributor of dangerous 555
drugs intends to administer dangerous drugs to a person or animal, 556
the applicant shall submit, with the application, a notarized copy 557
of its protocol or standing orders, which protocol or orders shall 558
be signed by a licensed health professional authorized to 559
prescribe drugs, specify the dangerous drugs to be administered, 560
and list personnel who are authorized to administer the dangerous 561
drugs in accordance with federal law or the law of this state. An562

       An application made on behalf of an animal shelter or county 563
dog warden shall include a notarized list of the dangerous drugs 564
to be administered to animals and the personnel who are authorized 565
to administer the drugs to animals in accordance with section 566
4729.532 of the Revised Code. After567

        After obtaining a terminal distributor license, a licensee 568
shall notify the board immediately of any changes in its protocol 569
or standing orders, or in such personnel.570

       (G)(1) Except as provided in division (G)(2) of this section, 571
each applicant for licensure as a terminal distributor of 572
dangerous drugs shall submit, with the application, a license fee 573
determined as follows:574

       (a) For a category I or limited category I license, 575
forty-five dollars;576

       (b) For a category II or limited category II license, one 577
hundred twelve dollars and fifty cents;578

       (c) For a category III license, including a license with a 579
pain management clinic classification issued under section 580
4729.552 of the Revised Code, or a limited category III license, 581
one hundred fifty dollars.582

       (2) For a professional association, corporation, partnership, 583
or limited liability company organized for the purpose of 584
practicing veterinary medicine, the fee shall be forty dollars.585

       (3) Fees assessed under divisions (G)(1) and (2) of this 586
section shall not be returned if the applicant fails to qualify 587
for registration.588

       (H)(1) The board shall issue a terminal distributor of 589
dangerous drugs license to each person who submits an application 590
for such licensure in accordance with this section, pays the 591
required license fee, is determined by the board to meet the 592
requirements set forth in section 4729.55 of the Revised Code, and 593
satisfies any other applicable requirements of this section.594

       (2) The license of a person other than an emergency medical 595
service organization or county dog warden shall describe the one 596
establishment or place at which the licensee may engage in the 597
sale or other distribution of dangerous drugs at retail and 598
maintain possession, custody, or control of dangerous drugs for 599
purposes other than the licensee's own use or consumption. The one 600
establishment or place shall be that which is described in the 601
application for licensure.602

       No such license shall authorize or permit the terminal 603
distributor of dangerous drugs named in it to engage in the sale 604
or other distribution of dangerous drugs at retail or to maintain 605
possession, custody, or control of dangerous drugs for any purpose 606
other than the distributor's own use or consumption, at any 607
establishment or place other than that described in the license, 608
except that an agent or employee of an animal shelter or county 609
dog warden may possess and use dangerous drugs in the course of 610
business as provided in division (D) of section 4729.532 of the 611
Revised Code.612

       (3) The license of an emergency medical service organization 613
shall cover and describe all the units of the organization listed 614
in its application for licensure.615

       (4) The license of every terminal distributor of dangerous 616
drugs shall indicate, on its face, the category of licensure. If 617
the license is a limited category I, II, or III license, it shall 618
specify, and shall authorize the licensee to possess, have custody 619
or control of, and distribute only, the dangerous drugs that were 620
listed in the application for licensure.621

       (I) All licenses issued pursuant to this section shall be 622
effective for a period of twelve months from the first day of 623
January of each year. A license shall be renewed by the board for 624
a like period, annually, according to the provisions of this 625
section, and the standard renewal procedure of Chapter 4745. of 626
the Revised Code. A person who desires to renew a license shall 627
submit an application for renewal and pay the required fee on or 628
before the thirty-first day of December each year. The fee 629
required for the renewal of a license shall be the same as the fee 630
paid for the license being renewed, and shall accompany the 631
application for renewal.632

       A license that has not been renewed during December in any 633
year and by the first day of February of the following year may be 634
reinstated only upon payment of the required renewal fee and a 635
penalty fee of fifty-five dollars.636

       (J)(1) No emergency medical service organization that is 637
licensed as a terminal distributor of dangerous drugs shall fail 638
to comply with division (C)(2) or (3) of this section.639

       (2) No emergency medical service organization that is 640
licensed as a terminal distributor of dangerous drugs shall fail 641
to comply with division (D) of this section.642

       (3) No licensed terminal distributor of dangerous drugs shall 643
possess, have custody or control of, or distribute dangerous drugs 644
that the terminal distributor is not entitled to possess, have 645
custody or control of, or distribute by virtue of its category of 646
licensure.647

       (4) No licensee that is required by division (F) of this 648
section to notify the board of changes in its protocol or standing 649
orders, or in personnel, shall fail to comply with that division.650

       Sec. 4729.542.  (A) An animal shelter or county dog warden 651
that holds a limited license issued under section 4729.531 of the 652
Revised Code may apply to the state board of pharmacy for a 653
chemical capture classification.654

       The application shall include a notarized list of the 655
dangerous drugs to be used in chemical capture and the certified 656
officers employed by the applicant. 657

       (B) The holder of a limited license with a chemical capture 658
classification shall notify the board immediately of any changes 659
in the dangerous drugs to be used in chemical capture or in the 660
certified officers employed by the holder.661

       (C) An agent or employee of an animal shelter or county dog 662
warden may possess and use dangerous drugs in the course of 663
business as provided in sections 4729.532 and 4729.533 of the 664
Revised Code.665

       Sec. 4729.55.  No license shall be issued to an applicant for 666
licensure as a terminal distributor of dangerous drugs unless the 667
applicant has furnished satisfactory proof to the state board of 668
pharmacy that:669

       (A) The applicant is equipped as to land, buildings, and 670
equipment to properly carry on the business of a terminal 671
distributor of dangerous drugs within the category of licensure 672
approved by the board.673

       (B) A pharmacist, licensed health professional authorized to 674
prescribe drugs, animal shelter or county dog warden licensed with 675
the state board of pharmacy under section 4729.531 of the Revised 676
Code, or a laboratory as defined in section 3719.01 of the Revised 677
Code will maintain supervision and control over the possession and 678
custody of dangerous drugs that may be acquired by or on behalf of 679
the applicant.680

       (C) Adequate safeguards are assured to prevent the sale or 681
other distribution of dangerous drugs by any person other than a 682
pharmacist or licensed health professional authorized to prescribe 683
drugs.684

       (D) Adequate safeguards are assured that the applicant will 685
carry on the business of a terminal distributor of dangerous drugs 686
in a manner that allows pharmacists and pharmacy interns employed 687
by the terminal distributor to practice pharmacy in a safe and 688
effective manner.689

       (E) If the applicant, or any agent or employee of the 690
applicant, has been found guilty of violating section 4729.51 of 691
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 692
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control 693
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code, 694
or any rule of the board, adequate safeguards are assured to 695
prevent the recurrence of the violation.696

       (F) In the case of an applicant who is a food processor or 697
retail seller of food, the applicant will maintain supervision and 698
control over the possession and custody of nitrous oxide.699

       (G) In the case of an applicant who is a retail seller of 700
oxygen in original packages labeled as required by the "Federal 701
Food, Drug, and Cosmetic Act," the applicant will maintain 702
supervision and control over the possession, custody, and retail 703
sale of the oxygen.704

       (H) If the application is made on behalf of a county dog 705
warden or an animal shelter, at least one of the agents or 706
employees of the dog warden or animal shelter is certified in 707
compliance with section 4729.532 of the Revised Code.708

       (I) In the case of an applicant who is a retail seller of 709
peritoneal dialysis solutions in original packages labeled as 710
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 711
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain 712
supervision and control over the possession, custody, and retail 713
sale of the peritoneal dialysis solutions.714

       (J) In the case of an applicant who is a pain management 715
clinic, the applicant meets the requirements to receive a license 716
with a pain management clinic classification issued under section 717
4729.552 of the Revised Code.718

       Sec. 4729.991.  Whoever violates section 4729.535 of the 719
Revised Code is guilty of a misdemeanor of the first degree.720

       Sec. 4741.201.  (A) This chapter does not apply to an act of 721
chemical capture by a certified officer in accordance with section 722
955.151 of the Revised Code.723

       (B) "Chemical capture" and "certified officer" have the same 724
meanings as in section 955.151 of the Revised Code.725

       Section 2. That existing sections 4729.01, 4729.531, 726
4729.532, 4729.54, and 4729.55 of the Revised Code are hereby 727
repealed.728

       Section 3. The State Board of Pharmacy in consultation with 729
the State Veterinary Medical Licensing Board shall adopt the rules 730
required by section 4729.533 of the Revised Code not later than 731
two years after the effective date of this act. If the State Board 732
of Pharmacy fails to meet this requirement, the Attorney General 733
or a county prosecuting attorney may seek a court order requiring 734
adoption of the rules.735

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