Bill Text: OH HB93 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To establish and modify laws regarding the prevention of prescription drug abuse, to provide that certain county employees when separating from county service as a result of a transfer of the assets of a county hospital are not entitled to unused vacation leave from the county when the employee accepts employment with the acquiring entity and the entity assumes the unused vacation leave accrued to the employee's credit, and to declare an emergency.
Spectrum: Slight Partisan Bill (Republican 74-43)
Status: (Passed) 2011-05-20 - Effective Date [HB93 Detail]
Download: Ohio-2011-HB93-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To establish and modify laws regarding the prevention of prescription drug abuse, to provide that certain county employees when separating from county service as a result of a transfer of the assets of a county hospital are not entitled to unused vacation leave from the county when the employee accepts employment with the acquiring entity and the entity assumes the unused vacation leave accrued to the employee's credit, and to declare an emergency.
Spectrum: Slight Partisan Bill (Republican 74-43)
Status: (Passed) 2011-05-20 - Effective Date [HB93 Detail]
Download: Ohio-2011-HB93-Engrossed.html
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Representatives Burke, Johnson
Cosponsors:
Speaker Batchelder Representatives Bubp, Adams, J., Boose, Grossman, Hackett, Hottinger, Huffman, Peterson, Pillich, Rosenberger, Ruhl, Uecker, Balderson, Gardner, McKenney, Gonzales, Goodwin, Hagan, R., Garland, Fende, Sears, Schuring, Wachtmann, Barnes, Duffey, Antonio, Adams, R., Amstutz, Anielski, Ashford, Baker, Beck, Blair, Blessing, Brenner, Buchy, Budish, Butler, Carey, Carney, Celeste, Clyde, Coley, Combs, Damschroder, DeGeeter, Derickson, Dovilla, Driehaus, Fedor, Foley, Gerberry, Goyal, Hagan, C., Hall, Hayes, Heard, Henne, Kozlowski, Landis, Letson, Luckie, Lundy, Mallory, Martin, McClain, McGregor, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Patmon, Phillips, Ramos, Reece, Roegner, Slaby, Slesnick, Sprague, Stautberg, Stebelton, Stinziano, Szollosi, Thompson, Weddington, Williams, Winburn, Young, Yuko
Senators Bacon, Beagle, Brown, Cafaro, Cates, Daniels, Faber, Gillmor, Hite, Hughes, Lehner, Manning, Niehaus, Obhof, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Smith, Stewart, Tavares, Widener, Wilson
To amend sections 109.57, 325.19, 3719.08, 4715.30, | 1 |
4723.28, 4729.01, 4729.071, 4729.29, 4729.51, | 2 |
4729.54, 4729.541, 4729.55, 4729.75, 4729.77, | 3 |
4729.78, 4729.79, 4729.80, 4729.81, 4729.82, | 4 |
4729.83, 4729.99, 4731.052, 4731.22, 4731.283, | 5 |
4776.02, 4776.04, and 5111.172; to amend, for the | 6 |
purpose of adopting new section numbers as | 7 |
indicated in parentheses, sections 4729.79 | 8 |
(4729.80), 4729.80 (4729.81), 4729.81 (4729.82), | 9 |
4729.82 (4729.83), 4729.83 (4729.84), and 4729.84 | 10 |
(4729.85); and to enact new section 4729.79 and | 11 |
sections 109.90, 313.212, 3719.031, 3793.22, | 12 |
4121.50, 4715.302, 4723.064, 4723.487, 4725.092, | 13 |
4729.162, 4729.291, 4729.552, 4729.571, 4729.69, | 14 |
4729.86, 4730.53, 4731.054, 4731.055, 4731.241, | 15 |
4731.391, 5111.085, 5111.179, and 5111.1710 of the | 16 |
Revised Code to establish and modify laws | 17 |
regarding the prevention of prescription drug | 18 |
abuse, to provide that certain county employees | 19 |
when separating from county service as a result of | 20 |
a transfer of the assets of a county hospital are | 21 |
not entitled to unused vacation leave from the | 22 |
county when the employee accepts employment with | 23 |
the acquiring entity and the entity assumes the | 24 |
unused vacation leave accrued to the employee's | 25 |
credit, and to declare an emergency. | 26 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 325.19, 3719.08, 4715.30, | 27 |
4723.28, 4729.01, 4729.071, 4729.29, 4729.51, 4729.54, 4729.541, | 28 |
4729.55, 4729.75, 4729.77, 4729.78, 4729.79, 4729.80, 4729.81, | 29 |
4729.82, 4729.83, 4729.99, 4731.052, 4731.22, 4731.283, 4776.02, | 30 |
4776.04, and 5111.172 be amended; sections 4729.79 (4729.80), | 31 |
4729.80 (4729.81), 4729.81 (4729.82), 4729.82 (4729.83), 4729.83 | 32 |
(4729.84), and 4729.84 (4729.85) be amended for the purpose of | 33 |
adopting new section numbers as indicated in parentheses; and new | 34 |
section 4729.79 and sections 109.90, 313.212, 3719.031, 3793.22, | 35 |
4121.50, 4715.302, 4723.064, 4723.487, 4725.092, 4729.162, | 36 |
4729.291, 4729.552, 4729.571, 4729.69, 4729.86, 4730.53, 4731.054, | 37 |
4731.055, 4731.241, 4731.391, 5111.085, 5111.179, and 5111.1710 of | 38 |
the Revised Code be enacted to read as follows: | 39 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 40 |
criminal identification and investigation shall procure from | 41 |
wherever procurable and file for record photographs, pictures, | 42 |
descriptions, fingerprints, measurements, and other information | 43 |
that may be pertinent of all persons who have been convicted of | 44 |
committing within this state a felony, any crime constituting a | 45 |
misdemeanor on the first offense and a felony on subsequent | 46 |
offenses, or any misdemeanor described in division (A)(1)(a), | 47 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 48 |
of all children under eighteen years of age who have been | 49 |
adjudicated delinquent children for committing within this state | 50 |
an act that would be a felony or an offense of violence if | 51 |
committed by an adult or who have been convicted of or pleaded | 52 |
guilty to committing within this state a felony or an offense of | 53 |
violence, and of all well-known and habitual criminals. The person | 54 |
in charge of any county, multicounty, municipal, municipal-county, | 55 |
or multicounty-municipal jail or workhouse, community-based | 56 |
correctional facility, halfway house, alternative residential | 57 |
facility, or state correctional institution and the person in | 58 |
charge of any state institution having custody of a person | 59 |
suspected of having committed a felony, any crime constituting a | 60 |
misdemeanor on the first offense and a felony on subsequent | 61 |
offenses, or any misdemeanor described in division (A)(1)(a), | 62 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 63 |
having custody of a child under eighteen years of age with respect | 64 |
to whom there is probable cause to believe that the child may have | 65 |
committed an act that would be a felony or an offense of violence | 66 |
if committed by an adult shall furnish such material to the | 67 |
superintendent of the bureau. Fingerprints, photographs, or other | 68 |
descriptive information of a child who is under eighteen years of | 69 |
age, has not been arrested or otherwise taken into custody for | 70 |
committing an act that would be a felony or an offense of violence | 71 |
who is not in any other category of child specified in this | 72 |
division, if committed by an adult, has not been adjudicated a | 73 |
delinquent child for committing an act that would be a felony or | 74 |
an offense of violence if committed by an adult, has not been | 75 |
convicted of or pleaded guilty to committing a felony or an | 76 |
offense of violence, and is not a child with respect to whom there | 77 |
is probable cause to believe that the child may have committed an | 78 |
act that would be a felony or an offense of violence if committed | 79 |
by an adult shall not be procured by the superintendent or | 80 |
furnished by any person in charge of any county, multicounty, | 81 |
municipal, municipal-county, or multicounty-municipal jail or | 82 |
workhouse, community-based correctional facility, halfway house, | 83 |
alternative residential facility, or state correctional | 84 |
institution, except as authorized in section 2151.313 of the | 85 |
Revised Code. | 86 |
(2) Every clerk of a court of record in this state, other | 87 |
than the supreme court or a court of appeals, shall send to the | 88 |
superintendent of the bureau a weekly report containing a summary | 89 |
of each case involving a felony, involving any crime constituting | 90 |
a misdemeanor on the first offense and a felony on subsequent | 91 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 92 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 93 |
or involving an adjudication in a case in which a child under | 94 |
eighteen years of age was alleged to be a delinquent child for | 95 |
committing an act that would be a felony or an offense of violence | 96 |
if committed by an adult. The clerk of the court of common pleas | 97 |
shall include in the report and summary the clerk sends under this | 98 |
division all information described in divisions (A)(2)(a) to (f) | 99 |
of this section regarding a case before the court of appeals that | 100 |
is served by that clerk. The summary shall be written on the | 101 |
standard forms furnished by the superintendent pursuant to | 102 |
division (B) of this section and shall include the following | 103 |
information: | 104 |
(a) The incident tracking number contained on the standard | 105 |
forms furnished by the superintendent pursuant to division (B) of | 106 |
this section; | 107 |
(b) The style and number of the case; | 108 |
(c) The date of arrest, offense, summons, or arraignment; | 109 |
(d) The date that the person was convicted of or pleaded | 110 |
guilty to the offense, adjudicated a delinquent child for | 111 |
committing the act that would be a felony or an offense of | 112 |
violence if committed by an adult, found not guilty of the | 113 |
offense, or found not to be a delinquent child for committing an | 114 |
act that would be a felony or an offense of violence if committed | 115 |
by an adult, the date of an entry dismissing the charge, an entry | 116 |
declaring a mistrial of the offense in which the person is | 117 |
discharged, an entry finding that the person or child is not | 118 |
competent to stand trial, or an entry of a nolle prosequi, or the | 119 |
date of any other determination that constitutes final resolution | 120 |
of the case; | 121 |
(e) A statement of the original charge with the section of | 122 |
the Revised Code that was alleged to be violated; | 123 |
(f) If the person or child was convicted, pleaded guilty, or | 124 |
was adjudicated a delinquent child, the sentence or terms of | 125 |
probation imposed or any other disposition of the offender or the | 126 |
delinquent child. | 127 |
If the offense involved the disarming of a law enforcement | 128 |
officer or an attempt to disarm a law enforcement officer, the | 129 |
clerk shall clearly state that fact in the summary, and the | 130 |
superintendent shall ensure that a clear statement of that fact is | 131 |
placed in the bureau's records. | 132 |
(3) The superintendent shall cooperate with and assist | 133 |
sheriffs, chiefs of police, and other law enforcement officers in | 134 |
the establishment of a complete system of criminal identification | 135 |
and in obtaining fingerprints and other means of identification of | 136 |
all persons arrested on a charge of a felony, any crime | 137 |
constituting a misdemeanor on the first offense and a felony on | 138 |
subsequent offenses, or a misdemeanor described in division | 139 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 140 |
Revised Code and of all children under eighteen years of age | 141 |
arrested or otherwise taken into custody for committing an act | 142 |
that would be a felony or an offense of violence if committed by | 143 |
an adult. The superintendent also shall file for record the | 144 |
fingerprint impressions of all persons confined in a county, | 145 |
multicounty, municipal, municipal-county, or multicounty-municipal | 146 |
jail or workhouse, community-based correctional facility, halfway | 147 |
house, alternative residential facility, or state correctional | 148 |
institution for the violation of state laws and of all children | 149 |
under eighteen years of age who are confined in a county, | 150 |
multicounty, municipal, municipal-county, or multicounty-municipal | 151 |
jail or workhouse, community-based correctional facility, halfway | 152 |
house, alternative residential facility, or state correctional | 153 |
institution or in any facility for delinquent children for | 154 |
committing an act that would be a felony or an offense of violence | 155 |
if committed by an adult, and any other information that the | 156 |
superintendent may receive from law enforcement officials of the | 157 |
state and its political subdivisions. | 158 |
(4) The superintendent shall carry out Chapter 2950. of the | 159 |
Revised Code with respect to the registration of persons who are | 160 |
convicted of or plead guilty to a sexually oriented offense or a | 161 |
child-victim oriented offense and with respect to all other duties | 162 |
imposed on the bureau under that chapter. | 163 |
(5) The bureau shall perform centralized recordkeeping | 164 |
functions for criminal history records and services in this state | 165 |
for purposes of the national crime prevention and privacy compact | 166 |
set forth in section 109.571 of the Revised Code and is the | 167 |
criminal history record repository as defined in that section for | 168 |
purposes of that compact. The superintendent or the | 169 |
superintendent's designee is the compact officer for purposes of | 170 |
that compact and shall carry out the responsibilities of the | 171 |
compact officer specified in that compact. | 172 |
(B) The superintendent shall prepare and furnish to every | 173 |
county, multicounty, municipal, municipal-county, or | 174 |
multicounty-municipal jail or workhouse, community-based | 175 |
correctional facility, halfway house, alternative residential | 176 |
facility, or state correctional institution and to every clerk of | 177 |
a court in this state specified in division (A)(2) of this section | 178 |
standard forms for reporting the information required under | 179 |
division (A) of this section. The standard forms that the | 180 |
superintendent prepares pursuant to this division may be in a | 181 |
tangible format, in an electronic format, or in both tangible | 182 |
formats and electronic formats. | 183 |
(C)(1) The superintendent may operate a center for | 184 |
electronic, automated, or other data processing for the storage | 185 |
and retrieval of information, data, and statistics pertaining to | 186 |
criminals and to children under eighteen years of age who are | 187 |
adjudicated delinquent children for committing an act that would | 188 |
be a felony or an offense of violence if committed by an adult, | 189 |
criminal activity, crime prevention, law enforcement, and criminal | 190 |
justice, and may establish and operate a statewide communications | 191 |
network to be known as the Ohio law enforcement gateway to gather | 192 |
and disseminate information, data, and statistics for the use of | 193 |
law enforcement agencies and for other uses specified in this | 194 |
division. The superintendent may gather, store, retrieve, and | 195 |
disseminate information, data, and statistics that pertain to | 196 |
children who are under eighteen years of age and that are gathered | 197 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 198 |
with information, data, and statistics that pertain to adults and | 199 |
that are gathered pursuant to those sections. | 200 |
(2) The superintendent or the superintendent's designee shall | 201 |
gather information of the nature described in division (C)(1) of | 202 |
this section that pertains to the offense and delinquency history | 203 |
of a person who has been convicted of, pleaded guilty to, or been | 204 |
adjudicated a delinquent child for committing a sexually oriented | 205 |
offense or a child-victim oriented offense for inclusion in the | 206 |
state registry of sex offenders and child-victim offenders | 207 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 208 |
Revised Code and in the internet database operated pursuant to | 209 |
division (A)(13) of that section and for possible inclusion in the | 210 |
internet database operated pursuant to division (A)(11) of that | 211 |
section. | 212 |
(3) In addition to any other authorized use of information, | 213 |
data, and statistics of the nature described in division (C)(1) of | 214 |
this section, the superintendent or the superintendent's designee | 215 |
may provide and exchange the information, data, and statistics | 216 |
pursuant to the national crime prevention and privacy compact as | 217 |
described in division (A)(5) of this section. | 218 |
(4) The attorney general may adopt rules under Chapter 119. | 219 |
of the Revised Code establishing guidelines for the operation of | 220 |
and participation in the Ohio law enforcement gateway. The rules | 221 |
may include criteria for granting and restricting access to | 222 |
information gathered and disseminated through the Ohio law | 223 |
enforcement gateway. The attorney general shall permit the state | 224 |
medical board and board of nursing to access and view, but not | 225 |
alter, information gathered and disseminated through the Ohio law | 226 |
enforcement gateway. | 227 |
The attorney general may appoint a steering committee to | 228 |
advise the attorney general in the operation of the Ohio law | 229 |
enforcement gateway that is comprised of persons who are | 230 |
representatives of the criminal justice agencies in this state | 231 |
that use the Ohio law enforcement gateway and is chaired by the | 232 |
superintendent or the superintendent's designee. | 233 |
(D)(1) The following are not public records under section | 234 |
149.43 of the Revised Code: | 235 |
(a) Information and materials furnished to the superintendent | 236 |
pursuant to division (A) of this section; | 237 |
(b) Information, data, and statistics gathered or | 238 |
disseminated through the Ohio law enforcement gateway pursuant to | 239 |
division (C)(1) of this section; | 240 |
(c) Information and materials furnished to any board or | 241 |
person under division (F) or (G) of this section. | 242 |
(2) The superintendent or the superintendent's designee shall | 243 |
gather and retain information so furnished under division (A) of | 244 |
this section that pertains to the offense and delinquency history | 245 |
of a person who has been convicted of, pleaded guilty to, or been | 246 |
adjudicated a delinquent child for committing a sexually oriented | 247 |
offense or a child-victim oriented offense for the purposes | 248 |
described in division (C)(2) of this section. | 249 |
(E) The attorney general shall adopt rules, in accordance | 250 |
with Chapter 119. of the Revised Code, setting forth the procedure | 251 |
by which a person may receive or release information gathered by | 252 |
the superintendent pursuant to division (A) of this section. A | 253 |
reasonable fee may be charged for this service. If a temporary | 254 |
employment service submits a request for a determination of | 255 |
whether a person the service plans to refer to an employment | 256 |
position has been convicted of or pleaded guilty to an offense | 257 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 258 |
109.572 of the Revised Code, the request shall be treated as a | 259 |
single request and only one fee shall be charged. | 260 |
(F)(1) As used in division (F)(2) of this section, "head | 261 |
start agency" means an entity in this state that has been approved | 262 |
to be an agency for purposes of subchapter II of the "Community | 263 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 264 |
as amended. | 265 |
(2)(a) In addition to or in conjunction with any request that | 266 |
is required to be made under section 109.572, 2151.86, 3301.32, | 267 |
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, | 268 |
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 269 |
Code or that is made under section 3314.41, 3319.392, or 3326.25 | 270 |
of the Revised Code, the board of education of any school | 271 |
district; the director of developmental disabilities; any county | 272 |
board of developmental disabilities; any entity under contract | 273 |
with a county board of developmental disabilities; the chief | 274 |
administrator of any chartered nonpublic school; the chief | 275 |
administrator of any home health agency; the chief administrator | 276 |
of or person operating any child day-care center, type A family | 277 |
day-care home, or type B family day-care home licensed or | 278 |
certified under Chapter 5104. of the Revised Code; the | 279 |
administrator of any type C family day-care home certified | 280 |
pursuant to Section 1 of Sub. H.B. 62 of the 121st general | 281 |
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general | 282 |
assembly; the chief administrator of any head start agency; the | 283 |
executive director of a public children services agency; a private | 284 |
company described in section 3314.41, 3319.392, or 3326.25 of the | 285 |
Revised Code; or an employer described in division (J)(2) of | 286 |
section 3327.10 of the Revised Code may request that the | 287 |
superintendent of the bureau investigate and determine, with | 288 |
respect to any individual who has applied for employment in any | 289 |
position after October 2, 1989, or any individual wishing to apply | 290 |
for employment with a board of education may request, with regard | 291 |
to the individual, whether the bureau has any information gathered | 292 |
under division (A) of this section that pertains to that | 293 |
individual. On receipt of the request, the superintendent shall | 294 |
determine whether that information exists and, upon request of the | 295 |
person, board, or entity requesting information, also shall | 296 |
request from the federal bureau of investigation any criminal | 297 |
records it has pertaining to that individual. The superintendent | 298 |
or the superintendent's designee also may request criminal history | 299 |
records from other states or the federal government pursuant to | 300 |
the national crime prevention and privacy compact set forth in | 301 |
section 109.571 of the Revised Code. Within thirty days of the | 302 |
date that the superintendent receives a request, the | 303 |
superintendent shall send to the board, entity, or person a report | 304 |
of any information that the superintendent determines exists, | 305 |
including information contained in records that have been sealed | 306 |
under section 2953.32 of the Revised Code, and, within thirty days | 307 |
of its receipt, shall send the board, entity, or person a report | 308 |
of any information received from the federal bureau of | 309 |
investigation, other than information the dissemination of which | 310 |
is prohibited by federal law. | 311 |
(b) When a board of education is required to receive | 312 |
information under this section as a prerequisite to employment of | 313 |
an individual pursuant to section 3319.39 of the Revised Code, it | 314 |
may accept a certified copy of records that were issued by the | 315 |
bureau of criminal identification and investigation and that are | 316 |
presented by an individual applying for employment with the | 317 |
district in lieu of requesting that information itself. In such a | 318 |
case, the board shall accept the certified copy issued by the | 319 |
bureau in order to make a photocopy of it for that individual's | 320 |
employment application documents and shall return the certified | 321 |
copy to the individual. In a case of that nature, a district only | 322 |
shall accept a certified copy of records of that nature within one | 323 |
year after the date of their issuance by the bureau. | 324 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 325 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 326 |
of the Revised Code only for criminal records maintained by the | 327 |
federal bureau of investigation, the superintendent shall not | 328 |
determine whether any information gathered under division (A) of | 329 |
this section exists on the person for whom the request is made. | 330 |
(3) The state board of education may request, with respect to | 331 |
any individual who has applied for employment after October 2, | 332 |
1989, in any position with the state board or the department of | 333 |
education, any information that a school district board of | 334 |
education is authorized to request under division (F)(2) of this | 335 |
section, and the superintendent of the bureau shall proceed as if | 336 |
the request has been received from a school district board of | 337 |
education under division (F)(2) of this section. | 338 |
(4) When the superintendent of the bureau receives a request | 339 |
for information under section 3319.291 of the Revised Code, the | 340 |
superintendent shall proceed as if the request has been received | 341 |
from a school district board of education and shall comply with | 342 |
divisions (F)(2)(a) and (c) of this section. | 343 |
(5) When a recipient of a classroom reading improvement grant | 344 |
paid under section 3301.86 of the Revised Code requests, with | 345 |
respect to any individual who applies to participate in providing | 346 |
any program or service funded in whole or in part by the grant, | 347 |
the information that a school district board of education is | 348 |
authorized to request under division (F)(2)(a) of this section, | 349 |
the superintendent of the bureau shall proceed as if the request | 350 |
has been received from a school district board of education under | 351 |
division (F)(2)(a) of this section. | 352 |
(G) In addition to or in conjunction with any request that is | 353 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 354 |
3722.151 of the Revised Code with respect to an individual who has | 355 |
applied for employment in a position that involves providing | 356 |
direct care to an older adult, the chief administrator of a home | 357 |
health agency, hospice care program, home licensed under Chapter | 358 |
3721. of the Revised Code, adult day-care program operated | 359 |
pursuant to rules adopted under section 3721.04 of the Revised | 360 |
Code, or adult care facility may request that the superintendent | 361 |
of the bureau investigate and determine, with respect to any | 362 |
individual who has applied after January 27, 1997, for employment | 363 |
in a position that does not involve providing direct care to an | 364 |
older adult, whether the bureau has any information gathered under | 365 |
division (A) of this section that pertains to that individual. | 366 |
In addition to or in conjunction with any request that is | 367 |
required to be made under section 173.27 of the Revised Code with | 368 |
respect to an individual who has applied for employment in a | 369 |
position that involves providing ombudsperson services to | 370 |
residents of long-term care facilities or recipients of | 371 |
community-based long-term care services, the state long-term care | 372 |
ombudsperson, ombudsperson's designee, or director of health may | 373 |
request that the superintendent investigate and determine, with | 374 |
respect to any individual who has applied for employment in a | 375 |
position that does not involve providing such ombudsperson | 376 |
services, whether the bureau has any information gathered under | 377 |
division (A) of this section that pertains to that applicant. | 378 |
In addition to or in conjunction with any request that is | 379 |
required to be made under section 173.394 of the Revised Code with | 380 |
respect to an individual who has applied for employment in a | 381 |
position that involves providing direct care to an individual, the | 382 |
chief administrator of a community-based long-term care agency may | 383 |
request that the superintendent investigate and determine, with | 384 |
respect to any individual who has applied for employment in a | 385 |
position that does not involve providing direct care, whether the | 386 |
bureau has any information gathered under division (A) of this | 387 |
section that pertains to that applicant. | 388 |
On receipt of a request under this division, the | 389 |
superintendent shall determine whether that information exists | 390 |
and, on request of the individual requesting information, shall | 391 |
also request from the federal bureau of investigation any criminal | 392 |
records it has pertaining to the applicant. The superintendent or | 393 |
the superintendent's designee also may request criminal history | 394 |
records from other states or the federal government pursuant to | 395 |
the national crime prevention and privacy compact set forth in | 396 |
section 109.571 of the Revised Code. Within thirty days of the | 397 |
date a request is received, the superintendent shall send to the | 398 |
requester a report of any information determined to exist, | 399 |
including information contained in records that have been sealed | 400 |
under section 2953.32 of the Revised Code, and, within thirty days | 401 |
of its receipt, shall send the requester a report of any | 402 |
information received from the federal bureau of investigation, | 403 |
other than information the dissemination of which is prohibited by | 404 |
federal law. | 405 |
(H) Information obtained by a government entity or person | 406 |
under this section is confidential and shall not be released or | 407 |
disseminated. | 408 |
(I) The superintendent may charge a reasonable fee for | 409 |
providing information or criminal records under division (F)(2) or | 410 |
(G) of this section. | 411 |
(J) As used in this section, "sexually oriented offense" and | 412 |
"child-victim oriented offense" have the same meanings as in | 413 |
section 2950.01 of the Revised Code. | 414 |
Sec. 109.90. (A) The attorney general shall collaborate with | 415 |
the state board of pharmacy and director of alcohol and drug | 416 |
addiction services in the establishment and administration of a | 417 |
drug take-back program, as provided under section 4729.69 of the | 418 |
Revised Code. The office of the attorney general is solely | 419 |
responsible for the costs incurred in the establishment and | 420 |
administration of the program. | 421 |
(B) The attorney general may accept grants, gifts, or | 422 |
donations for purposes of the program. Money received under this | 423 |
division or section 3793.22 or 4729.69 of the Revised Code shall | 424 |
be deposited into the state treasury to the credit of the drug | 425 |
take-back program fund, which is hereby created. Money credited to | 426 |
the fund shall be used solely for purposes of the program. | 427 |
Sec. 313.212. If the coroner determines that a drug overdose | 428 |
is the cause of death of a person, the coroner may provide a | 429 |
notice of the death to the state medical board. The coroner may | 430 |
include in the notice any information relating to the drug that | 431 |
resulted in the overdose, including the individual authorized | 432 |
under Chapter 4731. of the Revised Code to practice medicine or | 433 |
surgery, osteopathic medicine or surgery, or podiatric medicine or | 434 |
surgery who prescribed the drug to the decedent. | 435 |
Sec. 325.19. (A)(1) The granting of vacation leave under | 436 |
division (A)(1) of this section is subject to divisions (A)(2) and | 437 |
(3) of this section. Each full-time employee in the several | 438 |
offices and departments of the county service, including full-time | 439 |
hourly rate employees, after service of one year with the county | 440 |
or any political subdivision of the state, shall have earned and | 441 |
will be due upon the attainment of the first year of employment, | 442 |
and annually thereafter, eighty hours of vacation leave with full | 443 |
pay. One year of service shall be computed on the basis of | 444 |
twenty-six biweekly pay periods. A full-time county employee with | 445 |
eight or more years of service with the county or any political | 446 |
subdivision of the state shall have earned and is entitled to one | 447 |
hundred twenty hours of vacation leave with full pay. A full-time | 448 |
county employee with fifteen or more years of service with the | 449 |
county or any political subdivision of the state shall have earned | 450 |
and is entitled to one hundred sixty hours of vacation leave with | 451 |
full pay. A full-time county employee with twenty-five years of | 452 |
service with the county or any political subdivision of the state | 453 |
shall have earned and is entitled to two hundred hours of vacation | 454 |
leave with full pay. Such vacation leave shall accrue to the | 455 |
employee at the rate of three and one-tenth hours each biweekly | 456 |
period for those entitled to eighty hours per year; four and | 457 |
six-tenths hours each biweekly period for those entitled to one | 458 |
hundred twenty hours per year; six and two-tenths hours each | 459 |
biweekly period for those entitled to one hundred sixty hours per | 460 |
year; and seven and seven-tenths hours each biweekly period for | 461 |
those entitled to two hundred hours per year. | 462 |
The appointing authorities of the offices and departments of | 463 |
the county service may permit all or any part of a person's prior | 464 |
service with any regional council of government established in | 465 |
accordance with Chapter 167. of the Revised Code to be considered | 466 |
service with the county or a political subdivision of the state | 467 |
for the purpose of determining years of service under this | 468 |
division. | 469 |
(2) Full-time employees granted vacation leave under division | 470 |
(A)(1) of this section who render any standard of service other | 471 |
than forty hours per week as described in division
| 472 |
section and who are in active pay status in a biweekly pay period, | 473 |
shall accrue a number of hours of vacation leave during each such | 474 |
pay period that bears the same ratio to the number of hours | 475 |
specified in division (A)(1) of this section as their number of | 476 |
hours which are accepted as full-time in active pay status, | 477 |
excluding overtime hours, bears to eighty hours. | 478 |
(3) Full-time employees granted vacation leave under division | 479 |
(A)(1) of this section who are in active pay status in a biweekly | 480 |
pay period for less than eighty hours or the number of hours of | 481 |
service otherwise accepted as full-time by their employing office | 482 |
or department shall accrue a number of hours of vacation leave | 483 |
during that pay period that bears the same ratio to the number of | 484 |
hours specified in division (A)(1) of this section as their number | 485 |
of hours in active pay status, excluding overtime hours, bears to | 486 |
eighty or the number of hours of service accepted as full-time, | 487 |
whichever is applicable. | 488 |
(B) A board of county commissioners, by resolution, may grant | 489 |
vacation leave with full pay to part-time county employees. A | 490 |
part-time county employee shall be eligible for vacation leave | 491 |
with full pay upon the attainment of the first year of employment, | 492 |
and annually thereafter. The ratio between the hours worked and | 493 |
the vacation hours awarded to a part-time employee shall be the | 494 |
same as the ratio between the hours worked and the vacation hours | 495 |
earned by a full-time employee as provided for in this section. | 496 |
(C) Days specified as holidays in section 124.19 of the | 497 |
Revised Code shall not be charged to an employee's vacation leave. | 498 |
Vacation leave shall be taken by the employee during the year in | 499 |
which it accrued and prior to the next recurrence of the | 500 |
anniversary date of the employee's employment, provided that the | 501 |
appointing authority may, in special and meritorious cases, permit | 502 |
such employee to accumulate and carry over the employee's vacation | 503 |
leave to the following year. No vacation leave shall be carried | 504 |
over for more than three years. An employee is entitled to | 505 |
compensation, at the employee's current rate of pay, for the | 506 |
prorated portion of any earned but unused vacation leave for the | 507 |
current year to the employee's credit at time of separation, and | 508 |
in addition shall be compensated for any unused vacation leave | 509 |
accrued to the employee's credit, with the permission of the | 510 |
appointing authority, for the three years immediately preceding | 511 |
the last anniversary date of employment. | 512 |
(D)(1) In addition to vacation leave, a full-time county | 513 |
employee is entitled to eight hours of holiday pay for New Year's | 514 |
day, Martin Luther King day, Washington-Lincoln day, Memorial day, | 515 |
Independence day, Labor day, Columbus day, Veterans' day, | 516 |
Thanksgiving day, and Christmas day, of each year. Except as | 517 |
provided in division (D)(2) of this section, holidays shall occur | 518 |
on the days specified in section 1.14 of the Revised Code. If any | 519 |
of those holidays fall on Saturday, the Friday immediately | 520 |
preceding shall be observed as the holiday. If any of those | 521 |
holidays fall on Sunday, the Monday immediately succeeding shall | 522 |
be observed as the holiday. If an employee's work schedule is | 523 |
other than Monday through Friday, the employee is entitled to | 524 |
holiday pay for holidays observed on the employee's day off | 525 |
regardless of the day of the week on which they are observed. | 526 |
(2)(a) When a classified employee of a county board of | 527 |
developmental disabilities works at a site maintained by a | 528 |
government entity other than the board, such as a public school, | 529 |
the board may adjust the employee's holiday schedule to conform to | 530 |
the schedule adopted by the government entity. Under an adjusted | 531 |
holiday schedule, an employee shall receive the number of hours of | 532 |
holiday pay granted under division (D)(1) of this section. | 533 |
(b) Pursuant to division (J)(6) of section 339.06 of the | 534 |
Revised Code, a county hospital may observe Martin Luther King | 535 |
day, Washington-Lincoln day, Columbus day, and Veterans' day on | 536 |
days other than those specified in section 1.14 of the Revised | 537 |
Code. | 538 |
(E) In the case of the death of a county employee, the unused | 539 |
vacation leave and unpaid overtime to the credit of the employee | 540 |
shall be paid in accordance with section 2113.04 of the Revised | 541 |
Code, or to the employee's estate. | 542 |
(F) Notwithstanding this section or any other section of the | 543 |
Revised Code, any appointing authority of a county office, | 544 |
department, commission, board, or body may, upon notification to | 545 |
the board of county commissioners, establish alternative schedules | 546 |
of vacation leave and holidays for employees of the appointing | 547 |
authority for whom the state employment relations board has not | 548 |
established an appropriate bargaining unit pursuant to section | 549 |
4117.06 of the Revised Code, as long as the alternative schedules | 550 |
are not inconsistent with the provisions of at least one | 551 |
collective bargaining agreement covering other employees of that | 552 |
appointing authority, if such an agreement exists. If no such | 553 |
collective bargaining agreement exists, an appointing authority, | 554 |
upon notification to the board of county commissioners, may | 555 |
establish an alternative schedule of vacation leave and holidays | 556 |
for its employees that does not diminish the vacation leave and | 557 |
holiday benefits granted by this section. | 558 |
(G) The employees of a county children services board that | 559 |
establishes vacation benefits under section 5153.12 of the Revised | 560 |
Code are exempt from division (A) of this section. | 561 |
(H) The provisions of this section do not apply to | 562 |
superintendents and management employees of county boards of | 563 |
developmental disabilities. | 564 |
(I) Division (A) of this section does not apply to an | 565 |
employee of a county board of developmental disabilities who works | 566 |
at, or provides transportation services to pupils of, a special | 567 |
education program provided by the county board pursuant to | 568 |
division (A)(4) of section 5126.05 of the Revised Code, if the | 569 |
employee's employment is based on a school year and the employee | 570 |
is not subject to a contract with the county board that provides | 571 |
for division (A) of this section to apply to the employee. | 572 |
(J) Notwithstanding division (C) of this section or any other | 573 |
section of the Revised Code, if a separation from county service | 574 |
occurs in connection with the lease, sale, or other transfer of | 575 |
all or substantially all the business and assets of a county | 576 |
hospital organized under Chapter 339. of the Revised Code to a | 577 |
private corporation or other entity, the appointing authority | 578 |
shall have no obligation to pay any compensation with respect to | 579 |
unused vacation leave accrued to the credit of an employee who | 580 |
accepts employment with the acquiring corporation or other entity, | 581 |
if at the effective time of separation the acquiring corporation | 582 |
or other entity expressly assumes such unused vacation leave | 583 |
accrued to the employee's credit. | 584 |
(K) As used in this section: | 585 |
(1) "Full-time employee" means an employee whose regular | 586 |
hours of service for a county total forty hours per week, or who | 587 |
renders any other standard of service accepted as full-time by an | 588 |
office, department, or agency of county service. | 589 |
(2) "Part-time employee" means an employee whose regular | 590 |
hours of service for a county total less than forty hours per | 591 |
week, or who renders any other standard of service accepted as | 592 |
part-time by an office, department, or agency of county service, | 593 |
and whose hours of county service total at least five hundred | 594 |
twenty hours annually. | 595 |
(3) "Management employee" has the same meaning as in section | 596 |
5126.20 of the Revised Code. | 597 |
Sec. 3719.031. If the state board of pharmacy determines that | 598 |
there is clear and convincing evidence that the method used by a | 599 |
wholesaler of controlled substances licensed under section | 600 |
3719.021 of the Revised Code to distribute controlled substances | 601 |
presents a danger of immediate and serious harm to others, the | 602 |
board may suspend the wholesaler's license without a hearing. The | 603 |
board shall follow the procedure for suspension without a prior | 604 |
hearing in section 119.07 of the Revised Code. The suspension | 605 |
shall remain in effect, unless removed by the board, until the | 606 |
board's final adjudication order becomes effective, except that if | 607 |
the board does not issue its final adjudication order within | 608 |
ninety days after the hearing, the suspension shall be void on the | 609 |
ninety-first day after the suspension. | 610 |
Sec. 3719.08. (A) Whenever a manufacturer sells a controlled | 611 |
substance, and whenever a wholesaler sells a controlled substance | 612 |
in a package the wholesaler has prepared, the manufacturer or | 613 |
wholesaler shall securely affix to each package in which the | 614 |
controlled substance is contained a label showing in legible | 615 |
English the name and address of the vendor and the quantity, kind, | 616 |
and form of controlled substance contained therein. No person, | 617 |
except a pharmacist for the purpose of dispensing a controlled | 618 |
substance upon a prescription shall alter, deface, or remove any | 619 |
label so affixed. | 620 |
(B) Except as provided in division (C) of this section, when | 621 |
a pharmacist dispenses any controlled substance on a prescription | 622 |
for use by a patient, or supplies a controlled substance to a | 623 |
licensed health professional authorized to prescribe drugs for use | 624 |
by the professional in personally furnishing patients with | 625 |
controlled substances, the pharmacist shall affix to the container | 626 |
in which the controlled substance is dispensed or supplied a label | 627 |
showing the following: | 628 |
(1) The name and address of the pharmacy dispensing or | 629 |
supplying the controlled substance; | 630 |
(2) The name of the patient for whom the controlled substance | 631 |
is prescribed and, if the patient is an animal, the name of the | 632 |
owner and the species of the animal; | 633 |
(3) The name of the prescriber; | 634 |
(4) All directions for use stated on the prescription or | 635 |
provided by the prescriber; | 636 |
(5) The date on which the controlled substance was dispensed | 637 |
or supplied; | 638 |
(6) The name, quantity, and strength of the controlled | 639 |
substance and, if applicable, the name of the distributor or | 640 |
manufacturer. | 641 |
(C) The requirements of division (B) of this section do not | 642 |
apply when a controlled substance is prescribed or supplied for | 643 |
administration to an ultimate user who is institutionalized. | 644 |
(D) A licensed health professional authorized to prescribe | 645 |
drugs who personally furnishes a controlled substance to a patient | 646 |
shall comply with division | 647 |
the Revised Code with respect to labeling and packaging of the | 648 |
controlled substance. | 649 |
(E) No person shall alter, deface, or remove any label | 650 |
affixed pursuant to this section as long as any of the original | 651 |
contents remain. | 652 |
(F) Every label for a schedule II, III, or IV controlled | 653 |
substance shall contain the following warning: | 654 |
"Caution: federal law prohibits the transfer of this drug to | 655 |
any person other than the patient for whom it was prescribed." | 656 |
Sec. 3793.22. (A) The director of alcohol and drug addiction | 657 |
services shall collaborate with the state board of pharmacy and | 658 |
attorney general in the establishment and administration of a drug | 659 |
take-back program, as provided under section 4729.69 of the | 660 |
Revised Code. | 661 |
(B) The department may accept grants, gifts, or donations for | 662 |
purposes of the program. Money received under this division shall | 663 |
be deposited into the drug take-back program fund established | 664 |
under section 109.90 of the Revised Code. | 665 |
Sec. 4121.50. Not later than July 1, 2012, the administrator | 666 |
of workers' compensation shall adopt rules in accordance with | 667 |
Chapter 119. of the Revised Code to implement a coordinated | 668 |
services program for claimants under this chapter or Chapter | 669 |
4123., 4127., or 4131. of the Revised Code who are found to have | 670 |
obtained prescription drugs that were reimbursed pursuant to an | 671 |
order of the administrator or of the industrial commission or by a | 672 |
self-insuring employer but were obtained at a frequency or in an | 673 |
amount that is not medically necessary. The program shall be | 674 |
implemented in a manner that is substantially similar to the | 675 |
coordinated services programs established for the medicaid program | 676 |
under section 5111.085 and 5111.179 of the Revised Code. | 677 |
Sec. 4715.30. (A) An applicant for or holder of a | 678 |
certificate or license issued under this chapter is subject to | 679 |
disciplinary action by the state dental board for any of the | 680 |
following reasons: | 681 |
(1) Employing or cooperating in fraud or material deception | 682 |
in applying for or obtaining a license or certificate; | 683 |
(2) Obtaining or attempting to obtain money or anything of | 684 |
value by intentional misrepresentation or material deception in | 685 |
the course of practice; | 686 |
(3) Advertising services in a false or misleading manner or | 687 |
violating the board's rules governing time, place, and manner of | 688 |
advertising; | 689 |
(4) Conviction of a misdemeanor committed in the course of | 690 |
practice or of any felony; | 691 |
(5) Engaging in lewd or immoral conduct in connection with | 692 |
the provision of dental services; | 693 |
(6) Selling, prescribing, giving away, or administering drugs | 694 |
for other than legal and legitimate therapeutic purposes, or | 695 |
conviction of violating any law of this state or the federal | 696 |
government regulating the possession, distribution, or use of any | 697 |
drug; | 698 |
(7) Providing or allowing dental hygienists, expanded | 699 |
function dental auxiliaries, or other practitioners of auxiliary | 700 |
dental occupations working under the certificate or license | 701 |
holder's supervision, or a dentist holding a temporary limited | 702 |
continuing education license under division (C) of section 4715.16 | 703 |
of the Revised Code working under the certificate or license | 704 |
holder's direct supervision, to provide dental care that departs | 705 |
from or fails to conform to accepted standards for the profession, | 706 |
whether or not injury to a patient results; | 707 |
(8) Inability to practice under accepted standards of the | 708 |
profession because of physical or mental disability, dependence on | 709 |
alcohol or other drugs, or excessive use of alcohol or other | 710 |
drugs; | 711 |
(9) Violation of any provision of this chapter or any rule | 712 |
adopted thereunder; | 713 |
(10) Failure to use universal blood and body fluid | 714 |
precautions established by rules adopted under section 4715.03 of | 715 |
the Revised Code; | 716 |
(11) Waiving the payment of all or any part of a deductible | 717 |
or copayment that a patient, pursuant to a health insurance or | 718 |
health care policy, contract, or plan that covers dental services, | 719 |
would otherwise be required to pay if the waiver is used as an | 720 |
enticement to a patient or group of patients to receive health | 721 |
care services from that provider | 722 |
(12) Advertising that the certificate or license holder will | 723 |
waive the payment of all or any part of a deductible or copayment | 724 |
that a patient, pursuant to a health insurance or health care | 725 |
policy, contract, or plan that covers dental services, would | 726 |
otherwise be required to pay; | 727 |
(13) Failure to comply with section 4729.79 of the Revised | 728 |
Code, unless the state board of pharmacy no longer maintains a | 729 |
drug database pursuant to section 4729.75 of the Revised Code. | 730 |
(B) A manager, proprietor, operator, or conductor of a dental | 731 |
facility shall be subject to disciplinary action if any dentist, | 732 |
dental hygienist, expanded function dental auxiliary, or qualified | 733 |
personnel providing services in the facility is found to have | 734 |
committed a violation listed in division (A) of this section and | 735 |
the manager, proprietor, operator, or conductor knew of the | 736 |
violation and permitted it to occur on a recurring basis. | 737 |
(C) Subject to Chapter 119. of the Revised Code, the board | 738 |
may take one or more of the following disciplinary actions if one | 739 |
or more of the grounds for discipline listed in divisions (A) and | 740 |
(B) of this section exist: | 741 |
(1) Censure the license or certificate holder; | 742 |
(2) Place the license or certificate on probationary status | 743 |
for such period of time the board determines necessary and require | 744 |
the holder to: | 745 |
(a) Report regularly to the board upon the matters which are | 746 |
the basis of probation; | 747 |
(b) Limit practice to those areas specified by the board; | 748 |
(c) Continue or renew professional education until a | 749 |
satisfactory degree of knowledge or clinical competency has been | 750 |
attained in specified areas. | 751 |
(3) Suspend the certificate or license; | 752 |
(4) Revoke the certificate or license. | 753 |
Where the board places a holder of a license or certificate | 754 |
on probationary status pursuant to division (C)(2) of this | 755 |
section, the board may subsequently suspend or revoke the license | 756 |
or certificate if it determines that the holder has not met the | 757 |
requirements of the probation or continues to engage in activities | 758 |
that constitute grounds for discipline pursuant to division (A) or | 759 |
(B) of this section. | 760 |
Any order suspending a license or certificate shall state the | 761 |
conditions under which the license or certificate will be | 762 |
restored, which may include a conditional restoration during which | 763 |
time the holder is in a probationary status pursuant to division | 764 |
(C)(2) of this section. The board shall restore the license or | 765 |
certificate unconditionally when such conditions are met. | 766 |
(D) If the physical or mental condition of an applicant or a | 767 |
license or certificate holder is at issue in a disciplinary | 768 |
proceeding, the board may order the license or certificate holder | 769 |
to submit to reasonable examinations by an individual designated | 770 |
or approved by the board and at the board's expense. The physical | 771 |
examination may be conducted by any individual authorized by the | 772 |
Revised Code to do so, including a physician assistant, a clinical | 773 |
nurse specialist, a certified nurse practitioner, or a certified | 774 |
nurse-midwife. Any written documentation of the physical | 775 |
examination shall be completed by the individual who conducted the | 776 |
examination. | 777 |
Failure to comply with an order for an examination shall be | 778 |
grounds for refusal of a license or certificate or summary | 779 |
suspension of a license or certificate under division (E) of this | 780 |
section. | 781 |
(E) If the board has reason to believe that a license or | 782 |
certificate holder represents a clear and immediate danger to the | 783 |
public health and safety if the holder is allowed to continue to | 784 |
practice, or if the holder has failed to comply with an order | 785 |
under division (D) of this section, the board may apply to the | 786 |
court of common pleas of the county in which the holder resides | 787 |
for an order temporarily suspending the holder's license or | 788 |
certificate, without a prior hearing being afforded by the board, | 789 |
until the board conducts an adjudication hearing pursuant to | 790 |
Chapter 119. of the Revised Code. If the court temporarily | 791 |
suspends a holder's license or certificate, the board shall give | 792 |
written notice of the suspension personally or by certified mail | 793 |
to the license or certificate holder. Such notice shall include | 794 |
specific facts and reasons for finding a clear and immediate | 795 |
danger to the public health and safety and shall inform the | 796 |
license or certificate holder of the right to a hearing pursuant | 797 |
to Chapter 119. of the Revised Code. | 798 |
(F) Any holder of a certificate or license issued under this | 799 |
chapter who has pleaded guilty to, has been convicted of, or has | 800 |
had a judicial finding of eligibility for intervention in lieu of | 801 |
conviction entered against the holder in this state for aggravated | 802 |
murder, murder, voluntary manslaughter, felonious assault, | 803 |
kidnapping, rape, sexual battery, gross sexual imposition, | 804 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 805 |
who has pleaded guilty to, has been convicted of, or has had a | 806 |
judicial finding of eligibility for treatment or intervention in | 807 |
lieu of conviction entered against the holder in another | 808 |
jurisdiction for any substantially equivalent criminal offense, is | 809 |
automatically suspended from practice under this chapter in this | 810 |
state and any certificate or license issued to the holder under | 811 |
this chapter is automatically suspended, as of the date of the | 812 |
guilty plea, conviction, or judicial finding, whether the | 813 |
proceedings are brought in this state or another jurisdiction. | 814 |
Continued practice by an individual after the suspension of the | 815 |
individual's certificate or license under this division shall be | 816 |
considered practicing without a certificate or license. The board | 817 |
shall notify the suspended individual of the suspension of the | 818 |
individual's certificate or license under this division by | 819 |
certified mail or in person in accordance with section 119.07 of | 820 |
the Revised Code. If an individual whose certificate or license is | 821 |
suspended under this division fails to make a timely request for | 822 |
an adjudicatory hearing, the board shall enter a final order | 823 |
revoking the individual's certificate or license. | 824 |
(G) Notwithstanding divisions (A)(11) and (12) of this | 825 |
section, sanctions shall not be imposed against any licensee who | 826 |
waives deductibles and copayments: | 827 |
(1) In compliance with the health benefit plan that expressly | 828 |
allows such a practice. Waiver of the deductibles or copayments | 829 |
shall be made only with the full knowledge and consent of the plan | 830 |
purchaser, payer, and third-party administrator. Such consent | 831 |
shall be made available to the board upon request. | 832 |
(2) For professional services rendered to any other person | 833 |
licensed pursuant to this chapter to the extent allowed by this | 834 |
chapter and the rules of the board. | 835 |
(H) In no event shall the board consider or raise during a | 836 |
hearing required by Chapter 119. of the Revised Code the | 837 |
circumstances of, or the fact that the board has received, one or | 838 |
more complaints about a person unless the one or more complaints | 839 |
are the subject of the hearing or resulted in the board taking an | 840 |
action authorized by this section against the person on a prior | 841 |
occasion. | 842 |
Sec. 4715.302. (A) As used in this section, "drug database" | 843 |
means the database established and maintained by the state board | 844 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 845 |
(B) The state dental board shall adopt rules in accordance | 846 |
with Chapter 119. of the Revised Code that establish standards and | 847 |
procedures to be followed by a dentist regarding the review of | 848 |
patient information available through the drug database. | 849 |
(C) This section and the rules adopted under it do not apply | 850 |
if the state board of pharmacy no longer maintains the drug | 851 |
database. | 852 |
Sec. 4723.064. The board of nursing may access and view, but | 853 |
not alter, information gathered and disseminated through the Ohio | 854 |
law enforcement gateway established under section 109.57 of the | 855 |
Revised Code. | 856 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 857 |
quorum, may revoke or may refuse to grant a nursing license, | 858 |
certificate of authority, or dialysis technician certificate to a | 859 |
person found by the board to have committed fraud in passing an | 860 |
examination required to obtain the license, certificate of | 861 |
authority, or dialysis technician certificate or to have committed | 862 |
fraud, misrepresentation, or deception in applying for or securing | 863 |
any nursing license, certificate of authority, or dialysis | 864 |
technician certificate issued by the board. | 865 |
(B) Subject to division (N) of this section, the board of | 866 |
nursing, by a vote of a quorum, may impose one or more of the | 867 |
following sanctions: deny, revoke, suspend, or place restrictions | 868 |
on any nursing license, certificate of authority, or dialysis | 869 |
technician certificate issued by the board; reprimand or otherwise | 870 |
discipline a holder of a nursing license, certificate of | 871 |
authority, or dialysis technician certificate; or impose a fine of | 872 |
not more than five hundred dollars per violation. The sanctions | 873 |
may be imposed for any of the following: | 874 |
(1) Denial, revocation, suspension, or restriction of | 875 |
authority to practice a health care occupation, including nursing | 876 |
or practice as a dialysis technician, for any reason other than a | 877 |
failure to renew, in Ohio or another state or jurisdiction; | 878 |
(2) Engaging in the practice of nursing or engaging in | 879 |
practice as a dialysis technician, having failed to renew a | 880 |
nursing license or dialysis technician certificate issued under | 881 |
this chapter, or while a nursing license or dialysis technician | 882 |
certificate is under suspension; | 883 |
(3) Conviction of, a plea of guilty to, a judicial finding of | 884 |
guilt of, a judicial finding of guilt resulting from a plea of no | 885 |
contest to, or a judicial finding of eligibility for intervention | 886 |
in lieu of conviction for, a misdemeanor committed in the course | 887 |
of practice; | 888 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 889 |
guilt of, a judicial finding of guilt resulting from a plea of no | 890 |
contest to, or a judicial finding of eligibility for intervention | 891 |
in lieu of conviction for, any felony or of any crime involving | 892 |
gross immorality or moral turpitude; | 893 |
(5) Selling, giving away, or administering drugs or | 894 |
therapeutic devices for other than legal and legitimate | 895 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 896 |
judicial finding of guilt of, a judicial finding of guilt | 897 |
resulting from a plea of no contest to, or a judicial finding of | 898 |
eligibility for intervention in lieu of conviction for, violating | 899 |
any municipal, state, county, or federal drug law; | 900 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 901 |
guilt of, a judicial finding of guilt resulting from a plea of no | 902 |
contest to, or a judicial finding of eligibility for intervention | 903 |
in lieu of conviction for, an act in another jurisdiction that | 904 |
would constitute a felony or a crime of moral turpitude in Ohio; | 905 |
(7) Conviction of, a plea of guilty to, a judicial finding of | 906 |
guilt of, a judicial finding of guilt resulting from a plea of no | 907 |
contest to, or a judicial finding of eligibility for intervention | 908 |
in lieu of conviction for, an act in the course of practice in | 909 |
another jurisdiction that would constitute a misdemeanor in Ohio; | 910 |
(8) Self-administering or otherwise taking into the body any | 911 |
dangerous drug, as defined in section 4729.01 of the Revised Code, | 912 |
in any way not in accordance with a legal, valid prescription | 913 |
issued for that individual; | 914 |
(9) Habitual indulgence in the use of controlled substances, | 915 |
other habit-forming drugs, or alcohol or other chemical substances | 916 |
to an extent that impairs ability to practice; | 917 |
(10) Impairment of the ability to practice according to | 918 |
acceptable and prevailing standards of safe nursing care because | 919 |
of habitual or excessive use of drugs, alcohol, or other chemical | 920 |
substances that impair the ability to practice; | 921 |
(11) Impairment of the ability to practice according to | 922 |
acceptable and prevailing standards of safe nursing care because | 923 |
of a physical or mental disability; | 924 |
(12) Assaulting or causing harm to a patient or depriving a | 925 |
patient of the means to summon assistance; | 926 |
(13) Obtaining or attempting to obtain money or anything of | 927 |
value by intentional misrepresentation or material deception in | 928 |
the course of practice; | 929 |
(14) Adjudication by a probate court of being mentally ill or | 930 |
mentally incompetent. The board may restore the person's nursing | 931 |
license or dialysis technician certificate upon adjudication by a | 932 |
probate court of the person's restoration to competency or upon | 933 |
submission to the board of other proof of competency. | 934 |
(15) The suspension or termination of employment by the | 935 |
department of defense or the veterans administration of the United | 936 |
States for any act that violates or would violate this chapter; | 937 |
(16) Violation of this chapter or any rules adopted under it; | 938 |
(17) Violation of any restrictions placed on a nursing | 939 |
license or dialysis technician certificate by the board; | 940 |
(18) Failure to use universal blood and body fluid | 941 |
precautions established by rules adopted under section 4723.07 of | 942 |
the Revised Code; | 943 |
(19) Failure to practice in accordance with acceptable and | 944 |
prevailing standards of safe nursing care or safe dialysis care; | 945 |
(20) In the case of a registered nurse, engaging in | 946 |
activities that exceed the practice of nursing as a registered | 947 |
nurse; | 948 |
(21) In the case of a licensed practical nurse, engaging in | 949 |
activities that exceed the practice of nursing as a licensed | 950 |
practical nurse; | 951 |
(22) In the case of a dialysis technician, engaging in | 952 |
activities that exceed those permitted under section 4723.72 of | 953 |
the Revised Code; | 954 |
(23) Aiding and abetting a person in that person's practice | 955 |
of nursing without a license or practice as a dialysis technician | 956 |
without a certificate issued under this chapter; | 957 |
(24) In the case of a certified registered nurse anesthetist, | 958 |
clinical nurse specialist, certified nurse-midwife, or certified | 959 |
nurse practitioner, except as provided in division (M) of this | 960 |
section, either of the following: | 961 |
(a) Waiving the payment of all or any part of a deductible or | 962 |
copayment that a patient, pursuant to a health insurance or health | 963 |
care policy, contract, or plan that covers such nursing services, | 964 |
would otherwise be required to pay if the waiver is used as an | 965 |
enticement to a patient or group of patients to receive health | 966 |
care services from that provider; | 967 |
(b) Advertising that the nurse will waive the payment of all | 968 |
or any part of a deductible or copayment that a patient, pursuant | 969 |
to a health insurance or health care policy, contract, or plan | 970 |
that covers such nursing services, would otherwise be required to | 971 |
pay. | 972 |
(25) Failure to comply with the terms and conditions of | 973 |
participation in the chemical dependency monitoring program | 974 |
established under section 4723.35 of the Revised Code; | 975 |
(26) Failure to comply with the terms and conditions required | 976 |
under the practice intervention and improvement program | 977 |
established under section 4723.282 of the Revised Code; | 978 |
(27) In the case of a certified registered nurse anesthetist, | 979 |
clinical nurse specialist, certified nurse-midwife, or certified | 980 |
nurse practitioner: | 981 |
(a) Engaging in activities that exceed those permitted for | 982 |
the nurse's nursing specialty under section 4723.43 of the Revised | 983 |
Code; | 984 |
(b) Failure to meet the quality assurance standards | 985 |
established under section 4723.07 of the Revised Code. | 986 |
(28) In the case of a clinical nurse specialist, certified | 987 |
nurse-midwife, or certified nurse practitioner, failure to | 988 |
maintain a standard care arrangement in accordance with section | 989 |
4723.431 of the Revised Code or to practice in accordance with the | 990 |
standard care arrangement; | 991 |
(29) In the case of a clinical nurse specialist, certified | 992 |
nurse-midwife, or certified nurse practitioner who holds a | 993 |
certificate to prescribe issued under section 4723.48 of the | 994 |
Revised Code, failure to prescribe drugs and therapeutic devices | 995 |
in accordance with section 4723.481 of the Revised Code; | 996 |
(30) Prescribing any drug or device to perform or induce an | 997 |
abortion, or otherwise performing or inducing an abortion; | 998 |
(31) Failure to establish and maintain professional | 999 |
boundaries with a patient, as specified in rules adopted under | 1000 |
section 4723.07 of the Revised Code; | 1001 |
(32) Regardless of whether the contact or verbal behavior is | 1002 |
consensual, engaging with a patient other than the spouse of the | 1003 |
registered nurse, licensed practical nurse, or dialysis technician | 1004 |
in any of the following: | 1005 |
(a) Sexual contact, as defined in section 2907.01 of the | 1006 |
Revised Code; | 1007 |
(b) Verbal behavior that is sexually demeaning to the patient | 1008 |
or may be reasonably interpreted by the patient as sexually | 1009 |
demeaning. | 1010 |
(33) Assisting suicide as defined in section 3795.01 of the | 1011 |
Revised Code. | 1012 |
(C) Disciplinary actions taken by the board under divisions | 1013 |
(A) and (B) of this section shall be taken pursuant to an | 1014 |
adjudication conducted under Chapter 119. of the Revised Code, | 1015 |
except that in lieu of a hearing, the board may enter into a | 1016 |
consent agreement with an individual to resolve an allegation of a | 1017 |
violation of this chapter or any rule adopted under it. A consent | 1018 |
agreement, when ratified by a vote of a quorum, shall constitute | 1019 |
the findings and order of the board with respect to the matter | 1020 |
addressed in the agreement. If the board refuses to ratify a | 1021 |
consent agreement, the admissions and findings contained in the | 1022 |
agreement shall be of no effect. | 1023 |
(D) The hearings of the board shall be conducted in | 1024 |
accordance with Chapter 119. of the Revised Code, the board may | 1025 |
appoint a hearing examiner, as provided in section 119.09 of the | 1026 |
Revised Code, to conduct any hearing the board is authorized to | 1027 |
hold under Chapter 119. of the Revised Code. | 1028 |
In any instance in which the board is required under Chapter | 1029 |
119. of the Revised Code to give notice of an opportunity for a | 1030 |
hearing and the applicant or license holder does not make a timely | 1031 |
request for a hearing in accordance with section 119.07 of the | 1032 |
Revised Code, the board is not required to hold a hearing, but may | 1033 |
adopt, by a vote of a quorum, a final order that contains the | 1034 |
board's findings. In the final order, the board may order any of | 1035 |
the sanctions listed in division (A) or (B) of this section. | 1036 |
(E) If a criminal action is brought against a registered | 1037 |
nurse, licensed practical nurse, or dialysis technician for an act | 1038 |
or crime described in divisions (B)(3) to (7) of this section and | 1039 |
the action is dismissed by the trial court other than on the | 1040 |
merits, the board shall conduct an adjudication to determine | 1041 |
whether the registered nurse, licensed practical nurse, or | 1042 |
dialysis technician committed the act on which the action was | 1043 |
based. If the board determines on the basis of the adjudication | 1044 |
that the registered nurse, licensed practical nurse, or dialysis | 1045 |
technician committed the act, or if the registered nurse, licensed | 1046 |
practical nurse, or dialysis technician fails to participate in | 1047 |
the adjudication, the board may take action as though the | 1048 |
registered nurse, licensed practical nurse, or dialysis technician | 1049 |
had been convicted of the act. | 1050 |
If the board takes action on the basis of a conviction, plea, | 1051 |
or a judicial finding as described in divisions (B)(3) to (7) of | 1052 |
this section that is overturned on appeal, the registered nurse, | 1053 |
licensed practical nurse, or dialysis technician may, on | 1054 |
exhaustion of the appeal process, petition the board for | 1055 |
reconsideration of its action. On receipt of the petition and | 1056 |
supporting court documents, the board shall temporarily rescind | 1057 |
its action. If the board determines that the decision on appeal | 1058 |
was a decision on the merits, it shall permanently rescind its | 1059 |
action. If the board determines that the decision on appeal was | 1060 |
not a decision on the merits, it shall conduct an adjudication to | 1061 |
determine whether the registered nurse, licensed practical nurse, | 1062 |
or dialysis technician committed the act on which the original | 1063 |
conviction, plea, or judicial finding was based. If the board | 1064 |
determines on the basis of the adjudication that the registered | 1065 |
nurse, licensed practical nurse, or dialysis technician committed | 1066 |
such act, or if the registered nurse, licensed practical nurse, or | 1067 |
dialysis technician does not request an adjudication, the board | 1068 |
shall reinstate its action; otherwise, the board shall permanently | 1069 |
rescind its action. | 1070 |
Notwithstanding the provision of division (C)(2) of section | 1071 |
2953.32 of the Revised Code specifying that if records pertaining | 1072 |
to a criminal case are sealed under that section the proceedings | 1073 |
in the case shall be deemed not to have occurred, sealing of the | 1074 |
records of a conviction on which the board has based an action | 1075 |
under this section shall have no effect on the board's action or | 1076 |
any sanction imposed by the board under this section. | 1077 |
The board shall not be required to seal, destroy, redact, or | 1078 |
otherwise modify its records to reflect the court's sealing of | 1079 |
conviction records. | 1080 |
(F) The board may investigate an individual's criminal | 1081 |
background in performing its duties under this section. | 1082 |
(G) During the course of an investigation conducted under | 1083 |
this section, the board may compel any registered nurse, licensed | 1084 |
practical nurse, or dialysis technician or applicant under this | 1085 |
chapter to submit to a mental or physical examination, or both, as | 1086 |
required by the board and at the expense of the individual, if the | 1087 |
board finds reason to believe that the individual under | 1088 |
investigation may have a physical or mental impairment that may | 1089 |
affect the individual's ability to provide safe nursing care. | 1090 |
Failure of any individual to submit to a mental or physical | 1091 |
examination when directed constitutes an admission of the | 1092 |
allegations, unless the failure is due to circumstances beyond the | 1093 |
individual's control, and a default and final order may be entered | 1094 |
without the taking of testimony or presentation of evidence. | 1095 |
If the board finds that an individual is impaired, the board | 1096 |
shall require the individual to submit to care, counseling, or | 1097 |
treatment approved or designated by the board, as a condition for | 1098 |
initial, continued, reinstated, or renewed authority to practice. | 1099 |
The individual shall be afforded an opportunity to demonstrate to | 1100 |
the board that the individual can begin or resume the individual's | 1101 |
occupation in compliance with acceptable and prevailing standards | 1102 |
of care under the provisions of the individual's authority to | 1103 |
practice. | 1104 |
For purposes of this division, any registered nurse, licensed | 1105 |
practical nurse, or dialysis technician or applicant under this | 1106 |
chapter shall be deemed to have given consent to submit to a | 1107 |
mental or physical examination when directed to do so in writing | 1108 |
by the board, and to have waived all objections to the | 1109 |
admissibility of testimony or examination reports that constitute | 1110 |
a privileged communication. | 1111 |
(H) The board shall investigate evidence that appears to show | 1112 |
that any person has violated any provision of this chapter or any | 1113 |
rule of the board. Any person may report to the board any | 1114 |
information the person may have that appears to show a violation | 1115 |
of any provision of this chapter or rule of the board. In the | 1116 |
absence of bad faith, any person who reports such information or | 1117 |
who testifies before the board in any adjudication conducted under | 1118 |
Chapter 119. of the Revised Code shall not be liable for civil | 1119 |
damages as a result of the report or testimony. | 1120 |
(I) All of the following apply under this chapter with | 1121 |
respect to the confidentiality of information: | 1122 |
(1) Information received by the board pursuant to an | 1123 |
investigation is confidential and not subject to discovery in any | 1124 |
civil action, except that the board may disclose information to | 1125 |
law enforcement officers and government entities investigating | 1126 |
either a licensed health care professional, including a registered | 1127 |
nurse, licensed practical nurse, or dialysis technician, or a | 1128 |
person who may have engaged in the unauthorized practice of | 1129 |
nursing. No law enforcement officer or government entity with | 1130 |
knowledge of any information disclosed by the board pursuant to | 1131 |
this division shall divulge the information to any other person or | 1132 |
government entity except for the purpose of a government | 1133 |
investigation, a prosecution, or an adjudication by a court or | 1134 |
1135 | |
1136 |
(2) If an investigation requires a review of patient records, | 1137 |
the investigation and proceeding shall be conducted in such a | 1138 |
manner as to protect patient confidentiality. | 1139 |
(3) All adjudications and investigations of the board shall | 1140 |
be considered civil actions for the purposes of section 2305.252 | 1141 |
of the Revised Code. | 1142 |
(4) Any board activity that involves continued monitoring of | 1143 |
an individual as part of or following any disciplinary action | 1144 |
taken under this section shall be conducted in a manner that | 1145 |
maintains the individual's confidentiality. Information received | 1146 |
or maintained by the board with respect to the board's monitoring | 1147 |
activities is confidential and not subject to discovery in any | 1148 |
civil action. | 1149 |
(J) Any action taken by the board under this section | 1150 |
resulting in a suspension from practice shall be accompanied by a | 1151 |
written statement of the conditions under which the person may be | 1152 |
reinstated to practice. | 1153 |
(K) When the board refuses to grant a license or certificate | 1154 |
to an applicant, revokes a license or certificate, or refuses to | 1155 |
reinstate a license or certificate, the board may specify that its | 1156 |
action is permanent. An individual subject to permanent action | 1157 |
taken by the board is forever ineligible to hold a license or | 1158 |
certificate of the type that was refused or revoked and the board | 1159 |
shall not accept from the individual an application for | 1160 |
reinstatement of the license or certificate or for a new license | 1161 |
or certificate. | 1162 |
(L) No unilateral surrender of a nursing license, certificate | 1163 |
of authority, or dialysis technician certificate issued under this | 1164 |
chapter shall be effective unless accepted by majority vote of the | 1165 |
board. No application for a nursing license, certificate of | 1166 |
authority, or dialysis technician certificate issued under this | 1167 |
chapter may be withdrawn without a majority vote of the board. The | 1168 |
board's jurisdiction to take disciplinary action under this | 1169 |
section is not removed or limited when an individual has a license | 1170 |
or certificate classified as inactive or fails to renew a license | 1171 |
or certificate. | 1172 |
(M) Sanctions shall not be imposed under division (B)(24) of | 1173 |
this section against any licensee who waives deductibles and | 1174 |
copayments as follows: | 1175 |
(1) In compliance with the health benefit plan that expressly | 1176 |
allows such a practice. Waiver of the deductibles or copayments | 1177 |
shall be made only with the full knowledge and consent of the plan | 1178 |
purchaser, payer, and third-party administrator. Documentation of | 1179 |
the consent shall be made available to the board upon request. | 1180 |
(2) For professional services rendered to any other person | 1181 |
licensed pursuant to this chapter to the extent allowed by this | 1182 |
chapter and the rules of the board. | 1183 |
(N)(1) Any person who enters a prelicensure nursing education | 1184 |
program on or after June 1, 2003, and who subsequently applies | 1185 |
under division (A) of section 4723.09 of the Revised Code for | 1186 |
licensure to practice as a registered nurse or as a licensed | 1187 |
practical nurse and any person who applies under division (B) of | 1188 |
that section for license by endorsement to practice nursing as a | 1189 |
registered nurse or as a licensed practical nurse shall submit a | 1190 |
request to the bureau of criminal identification and investigation | 1191 |
for the bureau to conduct a criminal records check of the | 1192 |
applicant and to send the results to the board, in accordance with | 1193 |
section 4723.09 of the Revised Code. | 1194 |
The board shall refuse to grant a license to practice nursing | 1195 |
as a registered nurse or as a licensed practical nurse under | 1196 |
section 4723.09 of the Revised Code to a person who entered a | 1197 |
prelicensure nursing education program on or after June 1, 2003, | 1198 |
and applied under division (A) of section 4723.09 of the Revised | 1199 |
Code for the license or a person who applied under division (B) of | 1200 |
that section for the license, if the criminal records check | 1201 |
performed in accordance with division (C) of that section | 1202 |
indicates that the person has pleaded guilty to, been convicted | 1203 |
of, or has had a judicial finding of guilt for violating section | 1204 |
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, | 1205 |
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a | 1206 |
substantially similar law of another state, the United States, or | 1207 |
another country. | 1208 |
(2) Any person who enters a dialysis training program on or | 1209 |
after June 1, 2003, and who subsequently applies for a certificate | 1210 |
to practice as a dialysis technician shall submit a request to the | 1211 |
bureau of criminal identification and investigation for the bureau | 1212 |
to conduct a criminal records check of the applicant and to send | 1213 |
the results to the board, in accordance with section 4723.75 of | 1214 |
the Revised Code. | 1215 |
The board shall refuse to issue a certificate to practice as | 1216 |
a dialysis technician under section 4723.75 of the Revised Code to | 1217 |
a person who entered a dialysis training program on or after June | 1218 |
1, 2003, and whose criminal records check performed in accordance | 1219 |
with division (C) of that section indicates that the person has | 1220 |
pleaded guilty to, been convicted of, or has had a judicial | 1221 |
finding of guilt for violating section 2903.01, 2903.02, 2903.03, | 1222 |
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or | 1223 |
2911.11 of the Revised Code or a substantially similar law of | 1224 |
another state, the United States, or another country. | 1225 |
Sec. 4723.487. (A) As used in this section, "drug database" | 1226 |
means the database established and maintained by the state board | 1227 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1228 |
(B) The board of nursing shall adopt rules in accordance with | 1229 |
Chapter 119. of the Revised Code that establish standards and | 1230 |
procedures to be followed by an advanced practice nurse with a | 1231 |
certificate to prescribe issued under section 4723.48 of the | 1232 |
Revised Code regarding the review of patient information available | 1233 |
through the drug database. | 1234 |
(C) This section and the rules adopted under it do not apply | 1235 |
if the state board of pharmacy no longer maintains the drug | 1236 |
database. | 1237 |
Sec. 4725.092. (A) As used in this section, "drug database" | 1238 |
means the database established and maintained by the state board | 1239 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1240 |
(B) The state board of optometry shall adopt rules in | 1241 |
accordance with Chapter 119. of the Revised Code that establish | 1242 |
standards and procedures to be followed by an optometrist who | 1243 |
holds a therapeutic pharmaceutical agents certificate regarding | 1244 |
the review of patient information available through the drug | 1245 |
database. | 1246 |
(C) This section and the rules adopted under it do not apply | 1247 |
if the state board of pharmacy no longer maintains the drug | 1248 |
database. | 1249 |
Sec. 4729.01. As used in this chapter: | 1250 |
(A) "Pharmacy," except when used in a context that refers to | 1251 |
the practice of pharmacy, means any area, room, rooms, place of | 1252 |
business, department, or portion of any of the foregoing where the | 1253 |
practice of pharmacy is conducted. | 1254 |
(B) "Practice of pharmacy" means providing pharmacist care | 1255 |
requiring specialized knowledge, judgment, and skill derived from | 1256 |
the principles of biological, chemical, behavioral, social, | 1257 |
pharmaceutical, and clinical sciences. As used in this division, | 1258 |
"pharmacist care" includes the following: | 1259 |
(1) Interpreting prescriptions; | 1260 |
(2) Dispensing drugs and drug therapy related devices; | 1261 |
(3) Compounding drugs; | 1262 |
(4) Counseling individuals with regard to their drug therapy, | 1263 |
recommending drug therapy related devices, and assisting in the | 1264 |
selection of drugs and appliances for treatment of common diseases | 1265 |
and injuries and providing instruction in the proper use of the | 1266 |
drugs and appliances; | 1267 |
(5) Performing drug regimen reviews with individuals by | 1268 |
discussing all of the drugs that the individual is taking and | 1269 |
explaining the interactions of the drugs; | 1270 |
(6) Performing drug utilization reviews with licensed health | 1271 |
professionals authorized to prescribe drugs when the pharmacist | 1272 |
determines that an individual with a prescription has a drug | 1273 |
regimen that warrants additional discussion with the prescriber; | 1274 |
(7) Advising an individual and the health care professionals | 1275 |
treating an individual with regard to the individual's drug | 1276 |
therapy; | 1277 |
(8) Acting pursuant to a consult agreement with a physician | 1278 |
authorized under Chapter 4731. of the Revised Code to practice | 1279 |
medicine and surgery or osteopathic medicine and surgery, if an | 1280 |
agreement has been established with the physician; | 1281 |
(9) Engaging in the administration of immunizations to the | 1282 |
extent authorized by section 4729.41 of the Revised Code. | 1283 |
(C) "Compounding" means the preparation, mixing, assembling, | 1284 |
packaging, and labeling of one or more drugs in any of the | 1285 |
following circumstances: | 1286 |
(1) Pursuant to a prescription issued by a licensed health | 1287 |
professional authorized to prescribe drugs; | 1288 |
(2) Pursuant to the modification of a prescription made in | 1289 |
accordance with a consult agreement; | 1290 |
(3) As an incident to research, teaching activities, or | 1291 |
chemical analysis; | 1292 |
(4) In anticipation of orders for drugs pursuant to | 1293 |
prescriptions, based on routine, regularly observed dispensing | 1294 |
patterns; | 1295 |
(5) Pursuant to a request made by a licensed health | 1296 |
professional authorized to prescribe drugs for a drug that is to | 1297 |
be used by the professional for the purpose of direct | 1298 |
administration to patients in the course of the professional's | 1299 |
practice, if all of the following apply: | 1300 |
(a) At the time the request is made, the drug is not | 1301 |
commercially available regardless of the reason that the drug is | 1302 |
not available, including the absence of a manufacturer for the | 1303 |
drug or the lack of a readily available supply of the drug from a | 1304 |
manufacturer. | 1305 |
(b) A limited quantity of the drug is compounded and provided | 1306 |
to the professional. | 1307 |
(c) The drug is compounded and provided to the professional | 1308 |
as an occasional exception to the normal practice of dispensing | 1309 |
drugs pursuant to patient-specific prescriptions. | 1310 |
(D) "Consult agreement" means an agreement to manage an | 1311 |
individual's drug therapy that has been entered into by a | 1312 |
pharmacist and a physician authorized under Chapter 4731. of the | 1313 |
Revised Code to practice medicine and surgery or osteopathic | 1314 |
medicine and surgery. | 1315 |
(E) "Drug" means: | 1316 |
(1) Any article recognized in the United States pharmacopoeia | 1317 |
and national formulary, or any supplement to them, intended for | 1318 |
use in the diagnosis, cure, mitigation, treatment, or prevention | 1319 |
of disease in humans or animals; | 1320 |
(2) Any other article intended for use in the diagnosis, | 1321 |
cure, mitigation, treatment, or prevention of disease in humans or | 1322 |
animals; | 1323 |
(3) Any article, other than food, intended to affect the | 1324 |
structure or any function of the body of humans or animals; | 1325 |
(4) Any article intended for use as a component of any | 1326 |
article specified in division (E)(1), (2), or (3) of this section; | 1327 |
but does not include devices or their components, parts, or | 1328 |
accessories. | 1329 |
(F) "Dangerous drug" means any of the following: | 1330 |
(1) Any drug to which either of the following applies: | 1331 |
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 | 1332 |
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is | 1333 |
required to bear a label containing the legend "Caution: Federal | 1334 |
law prohibits dispensing without prescription" or "Caution: | 1335 |
Federal law restricts this drug to use by or on the order of a | 1336 |
licensed veterinarian" or any similar restrictive statement, or | 1337 |
the drug may be dispensed only upon a prescription; | 1338 |
(b) Under Chapter 3715. or 3719. of the Revised Code, the | 1339 |
drug may be dispensed only upon a prescription. | 1340 |
(2) Any drug that contains a schedule V controlled substance | 1341 |
and that is exempt from Chapter 3719. of the Revised Code or to | 1342 |
which that chapter does not apply; | 1343 |
(3) Any drug intended for administration by injection into | 1344 |
the human body other than through a natural orifice of the human | 1345 |
body. | 1346 |
(G) "Federal drug abuse control laws" has the same meaning as | 1347 |
in section 3719.01 of the Revised Code. | 1348 |
(H) "Prescription" means a written, electronic, or oral order | 1349 |
for drugs or combinations or mixtures of drugs to be used by a | 1350 |
particular individual or for treating a particular animal, issued | 1351 |
by a licensed health professional authorized to prescribe drugs. | 1352 |
(I) "Licensed health professional authorized to prescribe | 1353 |
drugs" or "prescriber" means an individual who is authorized by | 1354 |
law to prescribe drugs or dangerous drugs or drug therapy related | 1355 |
devices in the course of the individual's professional practice, | 1356 |
including only the following: | 1357 |
(1) A dentist licensed under Chapter 4715. of the Revised | 1358 |
Code; | 1359 |
(2) A clinical nurse specialist, certified nurse-midwife, or | 1360 |
certified nurse practitioner who holds a certificate to prescribe | 1361 |
issued under section 4723.48 of the Revised Code; | 1362 |
(3) An optometrist licensed under Chapter 4725. of the | 1363 |
Revised Code to practice optometry under a therapeutic | 1364 |
pharmaceutical agents certificate; | 1365 |
(4) A physician authorized under Chapter 4731. of the Revised | 1366 |
Code to practice medicine and surgery, osteopathic medicine and | 1367 |
surgery, or | 1368 |
(5) A physician assistant who holds a certificate to | 1369 |
prescribe issued under Chapter 4730. of the Revised Code; | 1370 |
(6) A veterinarian licensed under Chapter 4741. of the | 1371 |
Revised Code. | 1372 |
(J) "Sale" and "sell" include delivery, transfer, barter, | 1373 |
exchange, or gift, or offer therefor, and each such transaction | 1374 |
made by any person, whether as principal proprietor, agent, or | 1375 |
employee. | 1376 |
(K) "Wholesale sale" and "sale at wholesale" mean any sale in | 1377 |
which the purpose of the purchaser is to resell the article | 1378 |
purchased or received by the purchaser. | 1379 |
(L) "Retail sale" and "sale at retail" mean any sale other | 1380 |
than a wholesale sale or sale at wholesale. | 1381 |
(M) "Retail seller" means any person that sells any dangerous | 1382 |
drug to consumers without assuming control over and responsibility | 1383 |
for its administration. Mere advice or instructions regarding | 1384 |
administration do not constitute control or establish | 1385 |
responsibility. | 1386 |
(N) "Price information" means the price charged for a | 1387 |
prescription for a particular drug product and, in an easily | 1388 |
understandable manner, all of the following: | 1389 |
(1) The proprietary name of the drug product; | 1390 |
(2) The established (generic) name of the drug product; | 1391 |
(3) The strength of the drug product if the product contains | 1392 |
a single active ingredient or if the drug product contains more | 1393 |
than one active ingredient and a relevant strength can be | 1394 |
associated with the product without indicating each active | 1395 |
ingredient. The established name and quantity of each active | 1396 |
ingredient are required if such a relevant strength cannot be so | 1397 |
associated with a drug product containing more than one | 1398 |
ingredient. | 1399 |
(4) The dosage form; | 1400 |
(5) The price charged for a specific quantity of the drug | 1401 |
product. The stated price shall include all charges to the | 1402 |
consumer, including, but not limited to, the cost of the drug | 1403 |
product, professional fees, handling fees, if any, and a statement | 1404 |
identifying professional services routinely furnished by the | 1405 |
pharmacy. Any mailing fees and delivery fees may be stated | 1406 |
separately without repetition. The information shall not be false | 1407 |
or misleading. | 1408 |
(O) "Wholesale distributor of dangerous drugs" means a person | 1409 |
engaged in the sale of dangerous drugs at wholesale and includes | 1410 |
any agent or employee of such a person authorized by the person to | 1411 |
engage in the sale of dangerous drugs at wholesale. | 1412 |
(P) "Manufacturer of dangerous drugs" means a person, other | 1413 |
than a pharmacist, who manufactures dangerous drugs and who is | 1414 |
engaged in the sale of those dangerous drugs within this state. | 1415 |
(Q) "Terminal distributor of dangerous drugs" means a person | 1416 |
who is engaged in the sale of dangerous drugs at retail, or any | 1417 |
person, other than a wholesale distributor or a pharmacist, who | 1418 |
has possession, custody, or control of dangerous drugs for any | 1419 |
purpose other than for that person's own use and consumption, and | 1420 |
includes pharmacies, hospitals, nursing homes, and laboratories | 1421 |
and all other persons who procure dangerous drugs for sale or | 1422 |
other distribution by or under the supervision of a pharmacist or | 1423 |
licensed health professional authorized to prescribe drugs. | 1424 |
(R) "Promote to the public" means disseminating a | 1425 |
representation to the public in any manner or by any means, other | 1426 |
than by labeling, for the purpose of inducing, or that is likely | 1427 |
to induce, directly or indirectly, the purchase of a dangerous | 1428 |
drug at retail. | 1429 |
(S) "Person" includes any individual, partnership, | 1430 |
association, limited liability company, or corporation, the state, | 1431 |
any political subdivision of the state, and any district, | 1432 |
department, or agency of the state or its political subdivisions. | 1433 |
(T) "Finished dosage form" has the same meaning as in section | 1434 |
3715.01 of the Revised Code. | 1435 |
(U) "Generically equivalent drug" has the same meaning as in | 1436 |
section 3715.01 of the Revised Code. | 1437 |
(V) "Animal shelter" means a facility operated by a humane | 1438 |
society or any society organized under Chapter 1717. of the | 1439 |
Revised Code or a dog pound operated pursuant to Chapter 955. of | 1440 |
the Revised Code. | 1441 |
(W) "Food" has the same meaning as in section 3715.01 of the | 1442 |
Revised Code. | 1443 |
(X) "Pain management clinic" has the same meaning as in | 1444 |
section 4731.054 of the Revised Code. | 1445 |
Sec. 4729.071. (A) As used in this section, "license" and | 1446 |
"applicant for an initial license" have the same meanings as in | 1447 |
section 4776.01 of the Revised Code, except that "license" as used | 1448 |
in both of those terms refers to the types of authorizations | 1449 |
otherwise issued or conferred under this chapter. | 1450 |
(B) In addition to any other eligibility requirement set | 1451 |
forth in this chapter, each applicant for an initial license shall | 1452 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1453 |
state board of pharmacy shall not grant a license to an applicant | 1454 |
for an initial license unless the applicant complies with sections | 1455 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 1456 |
discretion, decides that the results of the criminal records check | 1457 |
do not make the applicant ineligible for a license issued pursuant | 1458 |
to section 4729.08, 4729.09, | 1459 |
Revised Code. | 1460 |
Sec. 4729.162. (A) As used in this section, "drug database" | 1461 |
means the database established and maintained by the state board | 1462 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 1463 |
(B) The state board of pharmacy shall adopt rules in | 1464 |
accordance with Chapter 119. of the Revised Code that establish | 1465 |
standards and procedures to be followed by a pharmacist regarding | 1466 |
the review of patient information available through the drug | 1467 |
database. | 1468 |
(C) This section and the rules adopted under it do not apply | 1469 |
if the board no longer maintains the drug database. | 1470 |
Sec. 4729.29. | 1471 |
and section 4729.28 of the Revised Code do not do | 1472 |
the following: | 1473 |
| 1474 |
prescribe drugs | 1475 |
scope of professional practice; | 1476 |
(B) Prevent a prescriber from personally furnishing the | 1477 |
prescriber's patients with drugs, within the prescriber's scope of | 1478 |
professional practice, that seem proper to the prescriber | 1479 |
long as the drugs are furnished in accordance with section | 1480 |
4729.291 of the Revised Code; | 1481 |
| 1482 |
solutions, or the sale of drugs that are not dangerous drugs by a | 1483 |
retail dealer, in original packages when labeled as required by | 1484 |
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), | 1485 |
21 U.S.C.A. 301, as amended. | 1486 |
| 1487 |
1488 | |
1489 | |
1490 | |
1491 | |
1492 | |
1493 | |
1494 |
| 1495 |
1496 | |
1497 | |
1498 | |
1499 |
Sec. 4729.291. (A) When a licensed health professional | 1500 |
authorized to prescribe drugs personally furnishes drugs to a | 1501 |
patient pursuant to division (B) of section 4729.29 of the Revised | 1502 |
Code, the prescriber shall ensure that the drugs are labeled and | 1503 |
packaged in accordance with state and federal drug laws and any | 1504 |
rules and regulations adopted pursuant to those laws. Records of | 1505 |
purchase and disposition of all drugs personally furnished to | 1506 |
patients shall be maintained by the prescriber in accordance with | 1507 |
state and federal drug statutes and any rules adopted pursuant to | 1508 |
those statutes. | 1509 |
(B) When personally furnishing to a patient RU-486 | 1510 |
(mifepristone), a prescriber is subject to section 2919.123 of the | 1511 |
Revised Code. A prescription for RU-486 (mifepristone) shall be in | 1512 |
writing and in accordance with section 2919.123 of the Revised | 1513 |
Code. | 1514 |
(C)(1) Except as provided in division (C)(2) of this section, | 1515 |
a prescriber may not do either of the following: | 1516 |
(a) In any thirty-day period, personally furnish to all | 1517 |
patients, taken as a whole, controlled substances in an amount | 1518 |
that exceeds a total of two thousand five hundred dosage units; | 1519 |
(b) In any seventy-two-hour period, personally furnish to or | 1520 |
for a patient an amount of a controlled substance that exceeds the | 1521 |
amount necessary for the patient's use in a seventy-two-hour | 1522 |
period. | 1523 |
(2) Division (C)(1) of this section does not apply to either | 1524 |
of the following: | 1525 |
(a) A veterinarian; | 1526 |
(b) The amount of any methadone personally furnished to a | 1527 |
patient by a prescriber for the purpose of treating drug | 1528 |
addiction. | 1529 |
(3) The state board of pharmacy may impose a fine of not more | 1530 |
than five thousand dollars on a prescriber who fails to comply | 1531 |
with the limits established under division (C)(1) of this section. | 1532 |
A separate fine may be imposed for each instance of failing to | 1533 |
comply with the limits. In imposing the fine, the board's actions | 1534 |
shall be taken in accordance with Chapter 119. of the Revised | 1535 |
Code. | 1536 |
Sec. 4729.51. (A) No person other than a registered | 1537 |
wholesale distributor of dangerous drugs shall possess for sale, | 1538 |
sell, distribute, or deliver, at wholesale, dangerous drugs, | 1539 |
except as follows: | 1540 |
(1) A pharmacist who is a licensed terminal distributor of | 1541 |
dangerous drugs or who is employed by a licensed terminal | 1542 |
distributor of dangerous drugs may make occasional sales of | 1543 |
dangerous drugs at wholesale; | 1544 |
(2) A licensed terminal distributor of dangerous drugs having | 1545 |
more than one establishment or place may transfer or deliver | 1546 |
dangerous drugs from one establishment or place for which a | 1547 |
license has been issued to the terminal distributor to another | 1548 |
establishment or place for which a license has been issued to the | 1549 |
terminal distributor if the license issued for each establishment | 1550 |
or place is in effect at the time of the transfer or delivery. | 1551 |
(B)(1) No registered wholesale distributor of dangerous drugs | 1552 |
shall possess for sale, or sell, at wholesale, dangerous drugs to | 1553 |
any person other than the following: | 1554 |
(a) | 1555 |
a licensed health professional authorized to prescribe drugs; | 1556 |
(b) An optometrist licensed under Chapter 4725. of the | 1557 |
Revised Code who holds a topical ocular pharmaceutical agents | 1558 |
certificate; | 1559 |
(c) A registered wholesale distributor of dangerous drugs; | 1560 |
(d) A manufacturer of dangerous drugs; | 1561 |
(e) | 1562 |
terminal distributor of dangerous drugs | 1563 |
1564 |
(f) Carriers or warehousers for the purpose of carriage or | 1565 |
storage; | 1566 |
(g) Terminal or wholesale distributors of dangerous drugs who | 1567 |
are not engaged in the sale of dangerous drugs within this state; | 1568 |
(h) An individual who holds a current license, certificate, | 1569 |
or registration issued under Title 47 of the Revised Code and has | 1570 |
been certified to conduct diabetes education by a national | 1571 |
certifying body specified in rules adopted by the state board of | 1572 |
pharmacy under section 4729.68 of the Revised Code, but only with | 1573 |
respect to insulin that will be used for the purpose of diabetes | 1574 |
education and only if diabetes education is within the | 1575 |
individual's scope of practice under statutes and rules regulating | 1576 |
the individual's profession; | 1577 |
(i) An individual who holds a valid certificate issued by a | 1578 |
nationally recognized S.C.U.B.A. diving certifying organization | 1579 |
approved by the state board of pharmacy | 1580 |
with respect to medical oxygen that will be used for the purpose | 1581 |
of emergency care or treatment at the scene of a diving emergency; | 1582 |
(j) | 1583 |
a business entity that is a corporation formed under division (B) | 1584 |
of section 1701.03 of the Revised Code, a limited liability | 1585 |
company formed under Chapter 1705. of the Revised Code, or a | 1586 |
professional association formed under Chapter 1785. of the Revised | 1587 |
Code if the entity has a sole shareholder who is a licensed health | 1588 |
professional authorized to prescribe drugs and is authorized to | 1589 |
provide the professional services being offered by the entity; | 1590 |
(k) | 1591 |
a business entity that is a corporation formed under division (B) | 1592 |
of section 1701.03 of the Revised Code, a limited liability | 1593 |
company formed under Chapter 1705. of the Revised Code, a | 1594 |
partnership or a limited liability partnership formed under | 1595 |
Chapter 1775. of the Revised Code, or a professional association | 1596 |
formed under Chapter 1785. of the Revised Code, if, to be a | 1597 |
shareholder, member, or partner, an individual is required to be | 1598 |
licensed, certified, or otherwise legally authorized under Title | 1599 |
XLVII of the Revised Code to perform the professional service | 1600 |
provided by the entity and each such individual is a licensed | 1601 |
health professional authorized to prescribe drugs. | 1602 |
(2) No registered wholesaler of dangerous drugs shall possess | 1603 |
for sale, or sell, at wholesale, dangerous drugs to any of the | 1604 |
following: | 1605 |
(a) A prescriber who is employed by a pain management clinic | 1606 |
that is not licensed as a terminal distributor of dangerous drugs | 1607 |
with a pain management clinic classification issued under section | 1608 |
4729.552 of the Revised Code; | 1609 |
(b) A business entity described in division (B)(1)(j) of this | 1610 |
section that is, or is operating, a pain management clinic without | 1611 |
a license as a terminal distributor of dangerous drugs with a pain | 1612 |
management clinic classification issued under section 4729.552 of | 1613 |
the Revised Code; | 1614 |
(c) A business entity described in division (B)(1)(k) of this | 1615 |
section that is, or is operating, a pain management clinic without | 1616 |
a license as a terminal distributor of dangerous drugs with a pain | 1617 |
management clinic classification issued under section 4729.552 of | 1618 |
the Revised Code. | 1619 |
(3) No registered wholesale distributor of dangerous drugs | 1620 |
shall possess dangerous drugs for sale at wholesale, or sell such | 1621 |
drugs at wholesale, to a licensed terminal distributor of | 1622 |
dangerous drugs, except | 1623 |
(a) | 1624 |
category I license, only dangerous drugs described in category I, | 1625 |
as defined in division (A)(1) of section 4729.54 of the Revised | 1626 |
Code; | 1627 |
(b) | 1628 |
category II license, only dangerous drugs described in category I | 1629 |
and category II, as defined in divisions (A)(1) and (2) of section | 1630 |
4729.54 of the Revised Code; | 1631 |
(c) | 1632 |
category III license, dangerous drugs described in category I, | 1633 |
category II, and category III, as defined in divisions (A)(1), | 1634 |
(2), and (3) of section 4729.54 of the Revised Code; | 1635 |
(d) | 1636 |
limited category I, II, or III license, only the dangerous drugs | 1637 |
specified in the certificate furnished by the terminal distributor | 1638 |
in accordance with section 4729.60 of the Revised Code. | 1639 |
(C)(1) Except as provided in division (C)(4) of this section, | 1640 |
no person shall sell, at retail, dangerous drugs. | 1641 |
(2) Except as provided in division (C)(4) of this section, no | 1642 |
person shall possess for sale, at retail, dangerous drugs. | 1643 |
(3) Except as provided in division (C)(4) of this section, no | 1644 |
person shall possess dangerous drugs. | 1645 |
(4) Divisions (C)(1), (2), and (3) of this section do not | 1646 |
apply to a registered wholesale distributor of dangerous drugs, a | 1647 |
licensed terminal distributor of dangerous drugs, or a person who | 1648 |
possesses, or possesses for sale or sells, at retail, a dangerous | 1649 |
drug in accordance with Chapters 3719., 4715., 4723., 4725., | 1650 |
4729., 4730., 4731., and 4741. of the Revised Code. | 1651 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1652 |
to an individual who holds a current license, certificate, or | 1653 |
registration issued under Title XLVII of the Revised Code and has | 1654 |
been certified to conduct diabetes education by a national | 1655 |
certifying body specified in rules adopted by the state board of | 1656 |
pharmacy under section 4729.68 of the Revised Code, but only to | 1657 |
the extent that the individual possesses insulin or personally | 1658 |
supplies insulin solely for the purpose of diabetes education and | 1659 |
only if diabetes education is within the individual's scope of | 1660 |
practice under statutes and rules regulating the individual's | 1661 |
profession. | 1662 |
Divisions (C)(1), (2), and (3) of this section do not apply | 1663 |
to an individual who holds a valid certificate issued by a | 1664 |
nationally recognized S.C.U.B.A. diving certifying organization | 1665 |
approved by the state board of pharmacy | 1666 |
the extent that the individual possesses medical oxygen or | 1667 |
personally supplies medical oxygen for the purpose of emergency | 1668 |
care or treatment at the scene of a diving emergency. | 1669 |
(D) No licensed terminal distributor of dangerous drugs shall | 1670 |
purchase for the purpose of resale dangerous drugs from any person | 1671 |
other than a registered wholesale distributor of dangerous drugs, | 1672 |
except as follows: | 1673 |
(1) A licensed terminal distributor of dangerous drugs may | 1674 |
make occasional purchases of dangerous drugs for resale from a | 1675 |
pharmacist who is a licensed terminal distributor of dangerous | 1676 |
drugs or who is employed by a licensed terminal distributor of | 1677 |
dangerous drugs; | 1678 |
(2) A licensed terminal distributor of dangerous drugs having | 1679 |
more than one establishment or place may transfer or receive | 1680 |
dangerous drugs from one establishment or place for which a | 1681 |
license has been issued to the terminal distributor to another | 1682 |
establishment or place for which a license has been issued to the | 1683 |
terminal distributor if the license issued for each establishment | 1684 |
or place is in effect at the time of the transfer or receipt. | 1685 |
(E) No licensed terminal distributor of dangerous drugs shall | 1686 |
engage in the sale or other distribution of dangerous drugs at | 1687 |
retail or maintain possession, custody, or control of dangerous | 1688 |
drugs for any purpose other than the distributor's personal use or | 1689 |
consumption, at any establishment or place other than that or | 1690 |
those described in the license issued by the state board of | 1691 |
pharmacy to such terminal distributor. | 1692 |
(F) Nothing in this section shall be construed to interfere | 1693 |
with the performance of official duties by any law enforcement | 1694 |
official authorized by municipal, county, state, or federal law to | 1695 |
collect samples of any drug, regardless of its nature or in whose | 1696 |
possession it may be. | 1697 |
Sec. 4729.54. (A) As used in this section and section | 1698 |
4729.541 of the Revised Code: | 1699 |
(1) "Category I" means single-dose injections of intravenous | 1700 |
fluids, including saline, Ringer's lactate, five per cent dextrose | 1701 |
and distilled water, and other intravenous fluids or parenteral | 1702 |
solutions included in this category by rule of the state board of | 1703 |
pharmacy, that have a volume of one hundred milliliters or more | 1704 |
and that contain no added substances, or single-dose injections of | 1705 |
epinephrine to be administered pursuant to sections 4765.38 and | 1706 |
4765.39 of the Revised Code. | 1707 |
(2) "Category II" means any dangerous drug that is not | 1708 |
included in category I or III. | 1709 |
(3) "Category III" means any controlled substance that is | 1710 |
contained in schedule I, II, III, IV, or V. | 1711 |
(4) "Emergency medical service organization" has the same | 1712 |
meaning as in section 4765.01 of the Revised Code. | 1713 |
(5) "Person" includes an emergency medical service | 1714 |
organization. | 1715 |
(6) "Schedule I, schedule II, schedule III, schedule IV, and | 1716 |
schedule V" mean controlled substance schedules I, II, III, IV, | 1717 |
and V, respectively, as established pursuant to section 3719.41 of | 1718 |
the Revised Code and as amended. | 1719 |
(B)(1) A person who desires to be licensed as a terminal | 1720 |
distributor of dangerous drugs shall file with the executive | 1721 |
director of the state board of pharmacy a verified application | 1722 |
1723 | |
withdrawn without approval of the board. | 1724 |
(2) An application shall contain all the following that apply | 1725 |
in the applicant's case: | 1726 |
| 1727 |
qualifications of a terminal distributor of dangerous drugs set | 1728 |
forth in section 4729.55 of the Revised Code; | 1729 |
| 1730 |
category I, category II, category III, limited category I, limited | 1731 |
category II, or limited category III terminal distributor of | 1732 |
dangerous drugs; | 1733 |
| 1734 |
category I, limited category II, or limited category III terminal | 1735 |
distributor of dangerous drugs, a notarized list of the dangerous | 1736 |
drugs that the person wishes to possess, have custody or control | 1737 |
of, and distribute, which list shall also specify the purpose for | 1738 |
which those drugs will be used and their source; | 1739 |
| 1740 |
organization, the information that is specified in division (C)(1) | 1741 |
of this section; | 1742 |
| 1743 |
the identity of the one establishment or place at which the person | 1744 |
intends to engage in the sale or other distribution of dangerous | 1745 |
drugs at retail, and maintain possession, custody, or control of | 1746 |
dangerous drugs for purposes other than the person's own use or | 1747 |
consumption; | 1748 |
(f) If the application pertains to a pain management clinic, | 1749 |
information that demonstrates, to the satisfaction of the board, | 1750 |
compliance with division (A) of section 4729.552 of the Revised | 1751 |
Code. | 1752 |
(C)(1) An emergency medical service organization that wishes | 1753 |
to be licensed as a terminal distributor of dangerous drugs shall | 1754 |
list in its application for licensure the following additional | 1755 |
information: | 1756 |
(a) The units under its control that the organization | 1757 |
determines will possess dangerous drugs for the purpose of | 1758 |
administering emergency medical services in accordance with | 1759 |
Chapter 4765. of the Revised Code; | 1760 |
(b) With respect to each such unit, whether the dangerous | 1761 |
drugs that the organization determines the unit will possess are | 1762 |
in category I, II, or III. | 1763 |
(2) An emergency medical service organization that is | 1764 |
licensed as a terminal distributor of dangerous drugs shall file a | 1765 |
new application for such licensure if there is any change in the | 1766 |
number, or location of, any of its units or any change in the | 1767 |
category of the dangerous drugs that any unit will possess. | 1768 |
(3) A unit listed in an application for licensure pursuant to | 1769 |
division (C)(1) of this section may obtain the dangerous drugs it | 1770 |
is authorized to possess from its emergency medical service | 1771 |
organization or, on a replacement basis, from a hospital pharmacy. | 1772 |
If units will obtain dangerous drugs from a hospital pharmacy, the | 1773 |
organization shall file, and maintain in current form, the | 1774 |
following items with the pharmacist who is responsible for the | 1775 |
hospital's terminal distributor of dangerous drugs license: | 1776 |
(a) A copy of its standing orders or protocol; | 1777 |
(b) A list of the personnel employed or used by the | 1778 |
organization to provide emergency medical services in accordance | 1779 |
with Chapter 4765. of the Revised Code, who are authorized to | 1780 |
possess the drugs, which list also shall indicate the personnel | 1781 |
who are authorized to administer the drugs. | 1782 |
(D) Each emergency medical service organization that applies | 1783 |
for a terminal distributor of dangerous drugs license shall submit | 1784 |
with its application the following: | 1785 |
(1) A notarized copy of its standing orders or protocol, | 1786 |
which orders or protocol shall be signed by a physician and | 1787 |
specify the dangerous drugs that its units may carry, expressed in | 1788 |
standard dose units; | 1789 |
(2) A list of the personnel employed or used by the | 1790 |
organization to provide emergency medical services in accordance | 1791 |
with Chapter 4765. of the Revised Code. | 1792 |
An emergency medical service organization that is licensed as | 1793 |
a terminal distributor shall notify the board immediately of any | 1794 |
changes in its standing orders or protocol. | 1795 |
(E) There shall be six categories of terminal distributor of | 1796 |
dangerous drugs licenses, which categories shall be as follows: | 1797 |
(1) Category I license. A person who obtains this license may | 1798 |
possess, have custody or control of, and distribute only the | 1799 |
dangerous drugs described in category I. | 1800 |
(2) Limited category I license. A person who obtains this | 1801 |
license may possess, have custody or control of, and distribute | 1802 |
only the dangerous drugs described in category I that were listed | 1803 |
in the application for licensure. | 1804 |
(3) Category II license. A person who obtains this license | 1805 |
may possess, have custody or control of, and distribute only the | 1806 |
dangerous drugs described in category I and category II. | 1807 |
(4) Limited category II license. A person who obtains this | 1808 |
license may possess, have custody or control of, and distribute | 1809 |
only the dangerous drugs described in category I or category II | 1810 |
that were listed in the application for licensure. | 1811 |
(5) Category III license, which may include a pain management | 1812 |
clinic classification issued under section 4729.552 of the Revised | 1813 |
Code. A person who obtains this license may possess, have custody | 1814 |
or control of, and distribute the dangerous drugs described in | 1815 |
category I, category II, and category III. If the license includes | 1816 |
a pain management clinic classification, the person may operate a | 1817 |
pain management clinic. | 1818 |
(6) Limited category III license. A person who obtains this | 1819 |
license may possess, have custody or control of, and distribute | 1820 |
only the dangerous drugs described in category I, category II, or | 1821 |
category III that were listed in the application for licensure. | 1822 |
(F) Except for an application made on behalf of an animal | 1823 |
shelter, if an applicant for licensure as a limited category I, | 1824 |
II, or III terminal distributor of dangerous drugs intends to | 1825 |
administer dangerous drugs to a person or animal, the applicant | 1826 |
shall submit, with the application, a notarized copy of its | 1827 |
protocol or standing orders, which protocol or orders shall be | 1828 |
signed by a licensed health professional authorized to prescribe | 1829 |
drugs, specify the dangerous drugs to be administered, and list | 1830 |
personnel who are authorized to administer the dangerous drugs in | 1831 |
accordance with federal law or the law of this state. An | 1832 |
application made on behalf of an animal shelter shall include a | 1833 |
notarized list of the dangerous drugs to be administered to | 1834 |
animals and the personnel who are authorized to administer the | 1835 |
drugs to animals in accordance with section 4729.532 of the | 1836 |
Revised Code. After obtaining a terminal distributor license, a | 1837 |
licensee shall notify the board immediately of any changes in its | 1838 |
protocol or standing orders, or in such personnel. | 1839 |
(G)(1) Except as provided in division (G)(2) of this section, | 1840 |
each applicant for licensure as a terminal distributor of | 1841 |
dangerous drugs shall submit, with the application, a license fee | 1842 |
determined as follows: | 1843 |
(a) For a category I or limited category I license, | 1844 |
forty-five dollars; | 1845 |
(b) For a category II or limited category II license, one | 1846 |
hundred twelve dollars and fifty cents; | 1847 |
(c) For a category III license, including a license with a | 1848 |
pain management clinic classification issued under section | 1849 |
4729.552 of the Revised Code, or a limited category III license, | 1850 |
one hundred fifty dollars. | 1851 |
(2) For a professional association, corporation, partnership, | 1852 |
or limited liability company organized for the purpose of | 1853 |
practicing veterinary medicine, the fee shall be forty dollars. | 1854 |
(3) Fees assessed under divisions (G)(1) and (2) of this | 1855 |
section shall not be returned if the applicant fails to qualify | 1856 |
for registration. | 1857 |
(H)(1) The board shall issue a terminal distributor of | 1858 |
dangerous drugs license to each person who submits an application | 1859 |
for such licensure in accordance with this section, pays the | 1860 |
required license fee, is determined by the board to meet the | 1861 |
requirements set forth in section 4729.55 of the Revised Code, and | 1862 |
satisfies any other applicable requirements of this section. | 1863 |
(2) The license of a person other than an emergency medical | 1864 |
service organization shall describe the one establishment or place | 1865 |
at which the licensee may engage in the sale or other distribution | 1866 |
of dangerous drugs at retail and maintain possession, custody, or | 1867 |
control of dangerous drugs for purposes other than the licensee's | 1868 |
own use or consumption. The one establishment or place shall be | 1869 |
that which is described in the application for licensure. | 1870 |
No such license shall authorize or permit the terminal | 1871 |
distributor of dangerous drugs named in it to engage in the sale | 1872 |
or other distribution of dangerous drugs at retail or to maintain | 1873 |
possession, custody, or control of dangerous drugs for any purpose | 1874 |
other than the distributor's own use or consumption, at any | 1875 |
establishment or place other than that described in the license, | 1876 |
except that an agent or employee of an animal shelter may possess | 1877 |
and use dangerous drugs in the course of business as provided in | 1878 |
division (D) of section 4729.532 of the Revised Code. | 1879 |
(3) The license of an emergency medical service organization | 1880 |
shall cover and describe all the units of the organization listed | 1881 |
in its application for licensure. | 1882 |
(4) The license of every terminal distributor of dangerous | 1883 |
drugs shall indicate, on its face, the category of licensure. If | 1884 |
the license is a limited category I, II, or III license, it shall | 1885 |
specify, and shall authorize the licensee to possess, have custody | 1886 |
or control of, and distribute only, the dangerous drugs that were | 1887 |
listed in the application for licensure. | 1888 |
(I) All licenses issued pursuant to this section shall be | 1889 |
effective for a period of twelve months from the first day of | 1890 |
January of each year. A license shall be renewed by the board for | 1891 |
a like period, annually, according to the provisions of this | 1892 |
section, and the standard renewal procedure of Chapter 4745. of | 1893 |
the Revised Code. A person who desires to renew a license shall | 1894 |
submit an application for renewal and pay the required fee on or | 1895 |
before the thirty-first day of December each year. The fee | 1896 |
required for the renewal of a license shall be the same as the fee | 1897 |
paid for the license being renewed, and shall accompany the | 1898 |
application for renewal. | 1899 |
A license that has not been renewed during December in any | 1900 |
year and by the first day of February of the following year may be | 1901 |
reinstated only upon payment of the required renewal fee and a | 1902 |
penalty fee of fifty-five dollars. | 1903 |
(J)(1) No emergency medical service organization that is | 1904 |
licensed as a terminal distributor of dangerous drugs shall fail | 1905 |
to comply with division (C)(2) or (3) of this section. | 1906 |
(2) No emergency medical service organization that is | 1907 |
licensed as a terminal distributor of dangerous drugs shall fail | 1908 |
to comply with division (D) of this section. | 1909 |
(3) No licensed terminal distributor of dangerous drugs shall | 1910 |
possess, have custody or control of, or distribute dangerous drugs | 1911 |
that the terminal distributor is not entitled to possess, have | 1912 |
custody or control of, or distribute by virtue of its category of | 1913 |
licensure. | 1914 |
(4) No licensee that is required by division (F) of this | 1915 |
section to notify the board of changes in its protocol or standing | 1916 |
orders, or in personnel, shall fail to comply with that division. | 1917 |
Sec. 4729.541. | 1918 |
(B) of this section, a business entity described in division | 1919 |
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may | 1920 |
possess, have custody or control of, and distribute the dangerous | 1921 |
drugs in category I, category II, and category III of section | 1922 |
4729.54 of the Revised Code without holding a terminal distributor | 1923 |
of dangerous drugs license issued under that section. | 1924 |
(B) If a business entity described in division (B)(1)(j) or | 1925 |
(k) of section 4729.51 of the Revised Code is a pain management | 1926 |
clinic or is operating a pain management clinic, the entity shall | 1927 |
hold a license as a terminal distributor of dangerous drugs with a | 1928 |
pain management clinic classification issued under section | 1929 |
4729.552 of the Revised Code. | 1930 |
Sec. 4729.55. No license shall be issued to an applicant for | 1931 |
licensure as a terminal distributor of dangerous drugs unless the | 1932 |
applicant has furnished satisfactory proof to the state board of | 1933 |
pharmacy that: | 1934 |
(A) The applicant is equipped as to land, buildings, and | 1935 |
equipment to properly carry on the business of a terminal | 1936 |
distributor of dangerous drugs within the category of licensure | 1937 |
approved by the board. | 1938 |
(B) A pharmacist, licensed health professional authorized to | 1939 |
prescribe drugs, animal shelter licensed with the state board of | 1940 |
pharmacy under section 4729.531 of the Revised Code, or a | 1941 |
laboratory as defined in section 3719.01 of the Revised Code will | 1942 |
maintain supervision and control over the possession and custody | 1943 |
of dangerous drugs that may be acquired by or on behalf of the | 1944 |
applicant. | 1945 |
(C) Adequate safeguards are assured to prevent the sale or | 1946 |
other distribution of dangerous drugs by any person other than a | 1947 |
pharmacist or licensed health professional authorized to prescribe | 1948 |
drugs. | 1949 |
(D) Adequate safeguards are assured that the applicant will | 1950 |
carry on the business of a terminal distributor of dangerous drugs | 1951 |
in a manner that allows pharmacists and pharmacy interns employed | 1952 |
by the terminal distributor to practice pharmacy in a safe and | 1953 |
effective manner. | 1954 |
(E) If the applicant, or any agent or employee of the | 1955 |
applicant, has been found guilty of violating section 4729.51 of | 1956 |
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 | 1957 |
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse control | 1958 |
laws, Chapter 2925., 3715., 3719., or 4729. of the Revised Code, | 1959 |
or any rule of the board, adequate safeguards are assured to | 1960 |
prevent the recurrence of the violation. | 1961 |
(F) In the case of an applicant who is a food processor or | 1962 |
retail seller of food, the applicant will maintain supervision and | 1963 |
control over the possession and custody of nitrous oxide. | 1964 |
(G) In the case of an applicant who is a retail seller of | 1965 |
oxygen in original packages labeled as required by the "Federal | 1966 |
Food, Drug, and Cosmetic Act," the applicant will maintain | 1967 |
supervision and control over the possession, custody, and retail | 1968 |
sale of the oxygen. | 1969 |
(H) If the application is made on behalf of an animal | 1970 |
shelter, at least one of the agents or employees of the animal | 1971 |
shelter is certified in compliance with section 4729.532 of the | 1972 |
Revised Code. | 1973 |
(I) In the case of an applicant who is a retail seller of | 1974 |
peritoneal dialysis solutions in original packages labeled as | 1975 |
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. | 1976 |
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain | 1977 |
supervision and control over the possession, custody, and retail | 1978 |
sale of the peritoneal dialysis solutions. | 1979 |
(J) In the case of an applicant who is a pain management | 1980 |
clinic, the applicant meets the requirements to receive a license | 1981 |
with a pain management clinic classification issued under section | 1982 |
4729.552 of the Revised Code. | 1983 |
Sec. 4729.552. (A) To be eligible to receive a license as a | 1984 |
category III terminal distributor of dangerous drugs with a pain | 1985 |
management clinic classification, an applicant shall submit | 1986 |
evidence satisfactory to the board that the applicant's pain | 1987 |
management clinic will be operated in accordance with the | 1988 |
requirements specified in division (B) of this section and that | 1989 |
the applicant meets any other applicable requirements under this | 1990 |
chapter or Chapter 3719. of the Revised Code. | 1991 |
If the board determines that an applicant meets all of the | 1992 |
requirements, the board shall issue to the applicant a license as | 1993 |
a category III terminal distributor of dangerous drugs and specify | 1994 |
on the license that the terminal distributor is classified as a | 1995 |
pain management clinic. | 1996 |
(B) The holder of a terminal distributor license with a pain | 1997 |
management clinic classification shall do all of the following: | 1998 |
(1) Be in control of a facility that is owned and operated | 1999 |
solely by one or more physicians authorized under Chapter 4731. of | 2000 |
the Revised Code to practice medicine and surgery or osteopathic | 2001 |
medicine and surgery; | 2002 |
(2) Ensure that any person employed by the facility complies | 2003 |
with the requirements for the operation of a pain management | 2004 |
clinic established by the state medical board in rules adopted | 2005 |
under section 4731.054 of the Revised Code; | 2006 |
(3) Require any person with ownership of the facility to | 2007 |
submit to a criminal records check in accordance with section | 2008 |
4776.02 of the Revised Code and send the results of the criminal | 2009 |
records check directly to the state board of pharmacy for review | 2010 |
and decision under section 4729.071 of the Revised Code; | 2011 |
(4) Require all employees of the facility to submit to a | 2012 |
criminal records check in accordance with section 4776.02 of the | 2013 |
Revised Code and ensure that no person is employed who has | 2014 |
previously been convicted of, or pleaded guilty to, any felony in | 2015 |
this state, another state, or the United States; | 2016 |
(5) Maintain a list of each person with ownership of the | 2017 |
facility and notify the state board of pharmacy of any change to | 2018 |
that list. | 2019 |
(C) No person shall operate a facility that under this | 2020 |
chapter is subject to licensure as a category III terminal | 2021 |
distributor of dangerous drugs with a pain management clinic | 2022 |
classification without obtaining and maintaining the license with | 2023 |
the classification. | 2024 |
No person who holds a category III license with a pain | 2025 |
management clinic classification shall fail to remain in | 2026 |
compliance with the requirements of division (A) of this section | 2027 |
and any other applicable requirements under this chapter or | 2028 |
Chapter 3719. of the Revised Code. | 2029 |
(D) The board may impose a fine of not more than five | 2030 |
thousand dollars on a terminal distributor of dangerous drugs | 2031 |
license holder who violates division (C) of this section. A | 2032 |
separate fine may be imposed for each day the violation continues. | 2033 |
In imposing the fine, the board's actions shall be taken in | 2034 |
accordance with Chapter 119. of the Revised Code. | 2035 |
Sec. 4729.571. If the state board of pharmacy determines that | 2036 |
there is clear and convincing evidence that the method used by a | 2037 |
terminal distributor of dangerous drugs to distribute controlled | 2038 |
substances presents a danger of immediate and serious harm to | 2039 |
others, the board may suspend the terminal distributor's license | 2040 |
without a hearing. The board shall follow the procedure for | 2041 |
suspension without a prior hearing in section 119.07 of the | 2042 |
Revised Code. The suspension shall remain in effect, unless | 2043 |
removed by the board, until the board's final adjudication order | 2044 |
becomes effective, except that if the board does not issue its | 2045 |
final adjudication order within ninety days after the hearing, the | 2046 |
suspension shall be void on the ninety-first day after the | 2047 |
suspension. | 2048 |
If the terminal distributor holds a license with a pain | 2049 |
management clinic classification issued under section 4729.552 of | 2050 |
the Revised Code and the person holding the license also holds a | 2051 |
certificate issued under Chapter 4731. of the Revised Code to | 2052 |
practice medicine and surgery or osteopathic medicine and surgery, | 2053 |
prior to suspending the license without a hearing, the board shall | 2054 |
consult with the secretary of the state medical board or, if the | 2055 |
secretary is unavailable, another physician member of the board. | 2056 |
Sec. 4729.69. (A) The state board of pharmacy, in | 2057 |
collaboration with the director of alcohol and drug addiction | 2058 |
services and attorney general, shall establish and administer a | 2059 |
drug take-back program under which drugs are collected from the | 2060 |
community for the purpose of destruction or disposal of the drugs. | 2061 |
(B) The program shall be established and administered in such | 2062 |
a manner that it does both of the following: | 2063 |
(1) Complies with any state or federal laws regarding the | 2064 |
collection, destruction, or disposal of drugs; | 2065 |
(2) Maintains the confidentiality of individuals who submit | 2066 |
or otherwise provide drugs under the program. | 2067 |
(C) In consultation with the director of alcohol and drug | 2068 |
addiction services and attorney general, the board shall adopt | 2069 |
rules governing the program. The rules shall be adopted in | 2070 |
accordance with Chapter 119. of the Revised Code. In adopting the | 2071 |
rules, the board shall specify all of the following: | 2072 |
(1) The entities that may participate; | 2073 |
(2) Guidelines and responsibilities for accepting drugs by | 2074 |
participating entities; | 2075 |
(3) Drugs that may be collected; | 2076 |
(4) Record-keeping requirements; | 2077 |
(5) Proper methods to destroy unused drugs; | 2078 |
(6) Privacy protocols and security standards; | 2079 |
(7) Drug transportation procedures; | 2080 |
(8) The schedule, duration, and frequency of the collections | 2081 |
of drugs, except that the first collection shall occur not later | 2082 |
than one year after the effective date of this section; | 2083 |
(9) Any other standards and procedures the board considers | 2084 |
necessary for purposes of governing the program. | 2085 |
(D) In accordance with state and federal law, the board may | 2086 |
adopt rules to allow an entity participating in the program to | 2087 |
return any unused drugs to the pharmacy that originally dispensed | 2088 |
the drug. The rules shall include procedures to be followed to | 2089 |
maintain the confidentiality of the person for whom the drug was | 2090 |
dispensed. | 2091 |
(E) Rules adopted under this section may not do any of the | 2092 |
following: | 2093 |
(1) Require any entity to establish, fund, or operate a drug | 2094 |
take-back program; | 2095 |
(2) Establish any new licensing requirement or fee to | 2096 |
participate in the program; | 2097 |
(3) Require any entity to compile data on drugs collected. | 2098 |
(F) The board may compile data on the amount and type of | 2099 |
drugs collected under the program. For purposes of this division, | 2100 |
the board may cooperate with a public or private entity in | 2101 |
obtaining assistance in the compilation of data. An entity | 2102 |
providing the assistance shall not be reimbursed under the program | 2103 |
for any costs incurred in providing the assistance. | 2104 |
(G) If the board compiles data under division (F) of this | 2105 |
section, the board shall submit a report to the governor and, in | 2106 |
accordance with section 101.68 of the Revised Code, the general | 2107 |
assembly. The report, to the extent possible, shall include the | 2108 |
following information: | 2109 |
(1) Total weight of drugs collected, both with and without | 2110 |
packaging; | 2111 |
(2) The weight of controlled substances; | 2112 |
(3) The amount of all of the following as a per cent of total | 2113 |
drugs collected: | 2114 |
(a) Controlled substances; | 2115 |
(b) Brand name drugs; | 2116 |
(c) Generic drugs; | 2117 |
(d) Prescription drugs; | 2118 |
(e) Non-prescription drugs. | 2119 |
(4) The amount of vitamins, herbal supplements, and personal | 2120 |
care products collected; | 2121 |
(5) If provided by the person who submitted or otherwise | 2122 |
donated drugs to the program, the reasons why the drugs were | 2123 |
returned or unused. | 2124 |
(H) No entity is required to participate in a drug take-back | 2125 |
program established under this section, and no entity shall be | 2126 |
subject to civil liability or professional disciplinary action for | 2127 |
declining to participate. | 2128 |
(I) The board may accept grants, gifts, or donations for | 2129 |
purposes of the program. Money received under this division shall | 2130 |
be deposited into the drug take-back program fund established | 2131 |
under section 109.90 of the Revised Code. | 2132 |
Sec. 4729.75. The state board of pharmacy may establish and | 2133 |
maintain a drug database. The board shall use the drug database to | 2134 |
monitor the misuse and diversion of controlled substances, as | 2135 |
defined in section 3719.01 of the Revised Code, and other | 2136 |
dangerous drugs the board includes in the database pursuant to | 2137 |
rules adopted under section | 2138 |
In establishing and maintaining the database, the board shall | 2139 |
electronically collect information pursuant to sections 4729.77 | 2140 |
and | 2141 |
information as authorized or required by sections | 2142 |
and | 2143 |
and dissemination of information shall be conducted in accordance | 2144 |
with rules adopted under section | 2145 |
Code. | 2146 |
Sec. 4729.77. (A) If the state board of pharmacy establishes | 2147 |
and maintains a drug database pursuant to section 4729.75 of the | 2148 |
Revised Code, each pharmacy licensed as a terminal distributor of | 2149 |
dangerous drugs that dispenses drugs to patients in this state and | 2150 |
is included in the types of pharmacies specified in rules adopted | 2151 |
under section | 2152 |
the board the following prescription information: | 2153 |
(1) Terminal distributor identification; | 2154 |
(2) Patient identification; | 2155 |
(3) Prescriber identification; | 2156 |
(4) Date prescription was issued by prescriber; | 2157 |
(5) Date | 2158 |
(6) Indication of whether | 2159 |
new or a refill; | 2160 |
(7) Name, strength, and national drug code of the drug | 2161 |
dispensed; | 2162 |
(8) Quantity of drug dispensed; | 2163 |
(9) Number of days' supply of drug dispensed; | 2164 |
(10) Serial or prescription number assigned by the terminal | 2165 |
distributor; | 2166 |
(11) Source of payment for the | 2167 |
(B)(1) The information shall be transmitted as specified by | 2168 |
the board in rules adopted under section | 2169 |
Revised Code. | 2170 |
| 2171 |
the format specified by the board, except that the board may grant | 2172 |
a waiver allowing the distributor to submit the information in | 2173 |
another format. | 2174 |
| 2175 |
any time limits specified by the board, except that the board may | 2176 |
grant an extension if either of the following occurs: | 2177 |
(a) The distributor suffers a mechanical or electronic | 2178 |
failure, or cannot meet the deadline for other reasons beyond the | 2179 |
distributor's control. | 2180 |
(b) The board is unable to receive electronic submissions. | 2181 |
(C) This section does not apply to a prescriber personally | 2182 |
furnishing or administering dangerous drugs to the prescriber's | 2183 |
patient. | 2184 |
Sec. 4729.78. (A) If the state board of pharmacy establishes | 2185 |
and maintains a drug database pursuant to section 4729.75 of the | 2186 |
Revised Code, each wholesale distributor of dangerous drugs that | 2187 |
delivers drugs in this state to prescribers | 2188 |
terminal distributors of dangerous drugs shall submit to the board | 2189 |
the following purchase information: | 2190 |
(1) Purchaser identification; | 2191 |
(2) Identification of the drug sold; | 2192 |
(3) Quantity of the drug sold; | 2193 |
(4) Date of sale; | 2194 |
(5) The wholesale distributor's license number issued by the | 2195 |
board. | 2196 |
(B)(1) The information shall be transmitted as specified by | 2197 |
the board in rules adopted under section | 2198 |
Revised Code. | 2199 |
| 2200 |
the format specified by the board, except that the board may grant | 2201 |
a waiver allowing the distributor to submit the information in | 2202 |
another format. | 2203 |
| 2204 |
any time limits specified by the board, except that the board may | 2205 |
grant an extension if either of the following occurs: | 2206 |
(a) The distributor suffers a mechanical or electronic | 2207 |
failure, or cannot meet the deadline for other reasons beyond the | 2208 |
distributor's control. | 2209 |
(b) The board is unable to receive electronic submissions. | 2210 |
Sec. 4729.79. (A) If the state board of pharmacy establishes | 2211 |
and maintains a drug database pursuant to section 4729.75 of the | 2212 |
Revised Code, each licensed health professional authorized to | 2213 |
prescribe drugs, other than a veterinarian, who personally | 2214 |
furnishes a controlled substance or other dangerous drug the board | 2215 |
includes in the database pursuant to rules adopted under section | 2216 |
4729.84 of the Revised Code to a patient in this state shall | 2217 |
submit to the board the following information: | 2218 |
(1) Prescriber identification; | 2219 |
(2) Patient identification; | 2220 |
(3) Date drug was furnished by the prescriber; | 2221 |
(4) Indication of whether the drug furnished is new or a | 2222 |
refill; | 2223 |
(5) Name, strength, and national drug code of drug furnished; | 2224 |
(6) Quantity of drug furnished; | 2225 |
(7) Number of days' supply of drug furnished; | 2226 |
(8) Source of payment for the drug furnished. | 2227 |
(B)(1) The information shall be transmitted as specified by | 2228 |
the board in rules adopted under section 4729.84 of the Revised | 2229 |
Code. | 2230 |
(2) The information shall be submitted electronically in the | 2231 |
format specified by the board, except that the board may grant a | 2232 |
waiver allowing the prescriber to submit the information in | 2233 |
another format. | 2234 |
(3) The information shall be submitted in accordance with any | 2235 |
time limits specified by the board, except that the board may | 2236 |
grant an extension if either of the following occurs: | 2237 |
(a) The prescriber's transmission system suffers a mechanical | 2238 |
or electronic failure, or the prescriber cannot meet the deadline | 2239 |
for other reasons beyond the prescriber's control. | 2240 |
(b) The board is unable to receive electronic submissions. | 2241 |
(C) If the board becomes aware of a prescriber's failure to | 2242 |
comply with this section, the board shall notify the government | 2243 |
entity responsible for licensing the prescriber. | 2244 |
| 2245 |
establishes and maintains a drug database pursuant to section | 2246 |
4729.75 of the Revised Code, the board | 2247 |
required to provide information from the database in accordance | 2248 |
with the following: | 2249 |
(1) On receipt of a request from a designated representative | 2250 |
of a government entity responsible for the licensure, regulation, | 2251 |
or discipline of | 2252 |
with authority to prescribe, administer, or dispense drugs, the | 2253 |
board may provide to the representative information from the | 2254 |
database relating to the professional who is the subject of an | 2255 |
active investigation being conducted by the government entity. | 2256 |
(2) On receipt of a request from a federal officer, or a | 2257 |
state or local officer of this or any other state, whose duties | 2258 |
include enforcing laws relating to drugs, the board | 2259 |
provide to the officer information from the database relating to | 2260 |
the person who is the subject of an active investigation of a drug | 2261 |
abuse offense, as defined in section 2925.01 of the Revised Code, | 2262 |
being conducted by the officer's employing government entity. | 2263 |
(3) Pursuant to a subpoena issued by a grand jury, the board | 2264 |
2265 | |
relating to the person who is the subject of an investigation | 2266 |
being conducted by the grand jury. | 2267 |
(4) Pursuant to a subpoena, search warrant, or court order in | 2268 |
connection with the investigation or prosecution of a possible or | 2269 |
alleged criminal offense, the board shall provide information from | 2270 |
the database as necessary to comply with the subpoena, search | 2271 |
warrant, or court order. | 2272 |
(5) On receipt of a request from a | 2273 |
or the prescriber's agent registered with the board, the board may | 2274 |
provide to the | 2275 |
relating to a current patient of the | 2276 |
2277 | |
that it is for the purpose of providing medical | 2278 |
treatment to the patient who is the subject of the request. | 2279 |
| 2280 |
may provide to the pharmacist information from the database | 2281 |
relating to a current patient of the pharmacist, if the pharmacist | 2282 |
certifies in a form specified by the board that it is for the | 2283 |
purpose of the pharmacist's practice of pharmacy involving the | 2284 |
patient who is the subject of the request. | 2285 |
(7) On receipt of a request from an individual seeking the | 2286 |
individual's own database information in accordance with the | 2287 |
procedure established in rules adopted under section | 2288 |
4729.84 of the Revised Code, the board may provide to the | 2289 |
individual the individual's own database information. | 2290 |
(8) On receipt of a request from the medical director of a | 2291 |
managed care organization that has entered into a data security | 2292 |
agreement with the board required by section 5111.1710 of the | 2293 |
Revised Code, the board may provide to the medical director | 2294 |
information from the database relating to a medicaid recipient | 2295 |
enrolled in the managed care organization. | 2296 |
(9) On receipt of a request from the director of job and | 2297 |
family services, the board may provide to the director information | 2298 |
from the database relating to a recipient of a program | 2299 |
administered by the department of job and family services. | 2300 |
(10) On receipt of a request from the administrator of | 2301 |
workers' compensation, the board may provide to the administrator | 2302 |
information from the database relating to a claimant under Chapter | 2303 |
4121., 4123., 4127., or 4131. of the Revised Code. | 2304 |
(11) On receipt of a request from a requestor described in | 2305 |
division (A)(1), (2), (5), or (6) of this section who is from or | 2306 |
participating with another state's prescription monitoring | 2307 |
program, the board may provide to the requestor information from | 2308 |
the database, but only if there is a written agreement under which | 2309 |
the information is to be used and disseminated according to the | 2310 |
laws of this state. | 2311 |
(B) The state board of pharmacy shall maintain a record of | 2312 |
each individual or entity that requests information from the | 2313 |
database pursuant to this section. In accordance with rules | 2314 |
adopted under section | 2315 |
board may use the records to document and report statistics and | 2316 |
law enforcement outcomes. | 2317 |
The board may provide records of an individual's requests for | 2318 |
database information to the following: | 2319 |
(1) A designated representative of a government entity that | 2320 |
is responsible for the licensure, regulation, or discipline of | 2321 |
2322 | |
prescribe, administer, or dispense drugs who is involved in an | 2323 |
active investigation being conducted by the government entity of | 2324 |
the individual who submitted the requests for database | 2325 |
information; | 2326 |
(2) A federal officer, or a state or local officer of this or | 2327 |
any other state, whose duties include enforcing laws relating to | 2328 |
drugs and who is involved in an active investigation being | 2329 |
conducted by the officer's employing government entity of the | 2330 |
individual who submitted the requests for database information. | 2331 |
(C) Information contained in the database and any information | 2332 |
obtained from it is not a public record. Information contained in | 2333 |
the records of requests for information from the database is not a | 2334 |
public record. Information that does not identify a person may be | 2335 |
released in summary, statistical, or aggregate form. | 2336 |
(D) | 2337 |
2338 | |
2339 | |
damages to any person in any civil action for injury, death, or | 2340 |
loss to person or property on the basis that the pharmacist or | 2341 |
prescriber did or did not seek or obtain information from the | 2342 |
database. | 2343 |
| 2344 |
establishes and maintains a drug database pursuant to section | 2345 |
4729.75 of the Revised Code, the board shall review the | 2346 |
information in the drug database. If the board determines from the | 2347 |
review that a violation of law may have occurred, it shall notify | 2348 |
the appropriate law enforcement agency or a government entity | 2349 |
responsible for the licensure, regulation, or discipline of | 2350 |
licensed health | 2351 |
and supply information required by the agency or entity for an | 2352 |
investigation of the violation of law that may have occurred. | 2353 |
| 2354 |
establishes a drug database pursuant to section 4729.75 of the | 2355 |
Revised Code, the information collected for the database shall be | 2356 |
retained in the database for at least two years.
| 2357 |
information that identifies a patient shall | 2358 |
after it has been retained for two years unless a law enforcement | 2359 |
agency or a government entity responsible for the licensure, | 2360 |
regulation, or discipline of licensed health | 2361 |
authorized to prescribe drugs has submitted a written request to | 2362 |
the board for retention of
| 2363 |
with rules adopted by the board under section | 2364 |
the Revised Code. | 2365 |
| 2366 |
establishes and maintains a drug database pursuant to section | 2367 |
4729.75 of the Revised Code, the board shall not impose any charge | 2368 |
on a terminal distributor of dangerous drugs, pharmacist, or | 2369 |
prescriber for the establishment or maintenance of the database. | 2370 |
The board shall not charge any fees for the transmission of data | 2371 |
to the database or for the receipt of information from the | 2372 |
database, except that the board may charge a fee in accordance | 2373 |
with rules adopted under section | 2374 |
Code to an individual who requests the individual's own database | 2375 |
information under section | 2376 |
(B) The board may accept grants, gifts, or donations for | 2377 |
purposes of the drug database. Any money received shall be | 2378 |
deposited into the state treasury to the credit of the drug | 2379 |
database fund, which is hereby created. Money in the fund shall be | 2380 |
used solely for purposes of the drug database. | 2381 |
| 2382 |
maintaining a drug database pursuant to section 4729.75 of the | 2383 |
Revised Code, the state board of pharmacy shall adopt rules in | 2384 |
accordance with Chapter 119. of the Revised Code to carry out and | 2385 |
enforce sections 4729.75 to | 2386 |
The rules shall specify all of the following: | 2387 |
(A) A means of identifying each patient, each terminal | 2388 |
distributor of dangerous drugs, and each purchase at wholesale of | 2389 |
dangerous drugs about which information is entered into the drug | 2390 |
database; | 2391 |
(B) Requirements for the transmission of information from | 2392 |
terminal distributors | 2393 |
distributors of dangerous drugs | 2394 |
prescribers; | 2395 |
(C) An electronic format for the submission of information | 2396 |
from terminal distributors | 2397 |
2398 |
(D) A procedure whereby a terminal distributor | 2399 |
wholesale distributor | 2400 |
submit information electronically may obtain a waiver to submit | 2401 |
information in another format; | 2402 |
(E) A procedure whereby the board may grant a request from a | 2403 |
law enforcement agency or a government entity responsible for the | 2404 |
licensure, regulation, or discipline of licensed health | 2405 |
professionals authorized to prescribe drugs that information that | 2406 |
has been stored for two years be retained when the information | 2407 |
pertains to an open investigation being conducted by the agency or | 2408 |
entity; | 2409 |
(F) A procedure whereby a terminal | 2410 |
distributor, or prescriber may apply for an extension to the time | 2411 |
by which information must be transmitted to the board; | 2412 |
(G) A procedure whereby a person or government entity to | 2413 |
which the board is authorized to provide information may submit a | 2414 |
request to the board for the information and the board may verify | 2415 |
the identity of the requestor; | 2416 |
(H) A procedure whereby the board can use the database | 2417 |
request records required by division (B) of section
| 2418 |
4729.80 of the Revised Code to document and report statistics and | 2419 |
law enforcement outcomes; | 2420 |
(I) A procedure whereby an individual may request the | 2421 |
individual's own database information and the board may verify the | 2422 |
identity of the requestor; | 2423 |
(J) A reasonable fee that the board may charge under section | 2424 |
2425 | |
with the individual's own database information pursuant to section | 2426 |
2427 |
(K) The other specific dangerous drugs | 2428 |
addition to controlled substances | 2429 |
database; | 2430 |
(L) The types of pharmacies licensed as terminal distributors | 2431 |
of dangerous drugs that are required to submit prescription | 2432 |
information to the board pursuant to section 4729.77 of the | 2433 |
Revised Code. | 2434 |
| 2435 |
establishes and maintains a drug database pursuant to section | 2436 |
4729.75 of the Revised Code, the board shall present a biennial | 2437 |
report to the standing committees of the house of representatives | 2438 |
and the senate that are primarily responsible for considering | 2439 |
health and human services issues. The initial report shall be | 2440 |
presented not later than two years after the database is | 2441 |
established. | 2442 |
(B) Each report presented under this section shall include | 2443 |
all of the following: | 2444 |
(1) The cost to the state of establishing and maintaining the | 2445 |
database; | 2446 |
(2) Information from terminal distributors of dangerous | 2447 |
drugs, prescribers, and the board regarding the board's | 2448 |
effectiveness in providing information from the database; | 2449 |
(3) The board's timeliness in transmitting information from | 2450 |
the database. | 2451 |
Sec. 4729.86. If the state board of pharmacy establishes and | 2452 |
maintains a drug database pursuant to section 4729.75 of the | 2453 |
Revised Code, all of the following apply: | 2454 |
(A)(1) No person identified in divisions (A)(1) to (10) or | 2455 |
(B) of section 4729.80 of the Revised Code shall disseminate any | 2456 |
written or electronic document the person receives from the drug | 2457 |
database, except as necessary in the investigation or prosecution | 2458 |
of a possible or alleged criminal offense. | 2459 |
(2) No person shall provide false information to the state | 2460 |
board of pharmacy with the intent to obtain information contained | 2461 |
in the drug database. | 2462 |
(3) No person shall obtain drug database information by any | 2463 |
means except as provided under section 4729.80 or 4729.81 of the | 2464 |
Revised Code. | 2465 |
(B) A person shall not use a document obtained pursuant to | 2466 |
division (A) of section 4729.80 of the Revised Code as evidence in | 2467 |
any civil or administrative proceeding. | 2468 |
(C)(1) The board may restrict a person from obtaining further | 2469 |
information from the drug database if any of the following is the | 2470 |
case: | 2471 |
(a) The person is convicted of or pleads guilty to a | 2472 |
violation of division (A)(1), (2), or (3) of this section; | 2473 |
(b) The person is a requestor identified in division (A)(11) | 2474 |
of section 4729.80 of the Revised Code and the board determines | 2475 |
that the person's actions in another state would have constituted | 2476 |
a violation of division (A)(1), (2), or (3) of this section; | 2477 |
(c) The person fails to comply with division (B) of this | 2478 |
section, regardless of the jurisdiction in which the failure to | 2479 |
comply occurred. | 2480 |
(2) The board shall determine the extent to which the person | 2481 |
is restricted from obtaining further information from the | 2482 |
database. | 2483 |
Sec. 4729.99. (A) Whoever violates section 4729.16, division | 2484 |
(A) or (B) of section 4729.38, or section 4729.57 of the Revised | 2485 |
Code is guilty of a minor misdemeanor. Each day's violation | 2486 |
constitutes a separate offense. | 2487 |
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of | 2488 |
the Revised Code is guilty of a misdemeanor of the third degree. | 2489 |
Each day's violation constitutes a separate offense. If the | 2490 |
offender previously has been convicted of or pleaded guilty to a | 2491 |
violation of this chapter, that person is guilty of a misdemeanor | 2492 |
of the second degree. | 2493 |
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of | 2494 |
the Revised Code is guilty of a misdemeanor. | 2495 |
(D) Whoever violates division (A), (B), (D), or (E) of | 2496 |
section 4729.51 of the Revised Code is guilty of a misdemeanor of | 2497 |
the first degree. | 2498 |
(E)(1) Whoever violates section 4729.37, division (C)(2) of | 2499 |
section 4729.51, division (J) of section 4729.54, or section | 2500 |
4729.61 of the Revised Code is guilty of a felony of the fifth | 2501 |
degree. If the offender previously has been convicted of or | 2502 |
pleaded guilty to a violation of this chapter or a violation of | 2503 |
Chapter 2925. or 3719. of the Revised Code, that person is guilty | 2504 |
of a felony of the fourth degree. | 2505 |
(2) If an offender is convicted of or pleads guilty to a | 2506 |
violation of section 4729.37, division (C) of section 4729.51, | 2507 |
division (J) of section 4729.54, or section 4729.61 of the Revised | 2508 |
Code, if the violation involves the sale, offer to sell, or | 2509 |
possession of a schedule I or II controlled substance, with the | 2510 |
exception of marihuana, and if the court imposing sentence upon | 2511 |
the offender finds that the offender as a result of the violation | 2512 |
is a major drug offender, as defined in section 2929.01 of the | 2513 |
Revised Code, and is guilty of a specification of the type | 2514 |
described in section 2941.1410 of the Revised Code, the court, in | 2515 |
lieu of the prison term authorized or required by division (E)(1) | 2516 |
of this section and sections 2929.13 and 2929.14 of the Revised | 2517 |
Code and in addition to any other sanction imposed for the offense | 2518 |
under sections 2929.11 to 2929.18 of the Revised Code, shall | 2519 |
impose upon the offender, in accordance with division (D)(3)(a) of | 2520 |
section 2929.14 of the Revised Code, the mandatory prison term | 2521 |
specified in that division and may impose an additional prison | 2522 |
term under division (D)(3)(b) of that section. | 2523 |
(3) Notwithstanding any contrary provision of section 3719.21 | 2524 |
of the Revised Code, the clerk of court shall pay any fine imposed | 2525 |
for a violation of section 4729.37, division (C) of section | 2526 |
4729.51, division (J) of section 4729.54, or section 4729.61 of | 2527 |
the Revised Code pursuant to division (A) of section 2929.18 of | 2528 |
the Revised Code in accordance with and subject to the | 2529 |
requirements of division (F) of section 2925.03 of the Revised | 2530 |
Code. The agency that receives the fine shall use the fine as | 2531 |
specified in division (F) of section 2925.03 of the Revised Code. | 2532 |
(F) Whoever violates section 4729.531 of the Revised Code or | 2533 |
any rule adopted thereunder or section 4729.532 of the Revised | 2534 |
Code is guilty of a misdemeanor of the first degree. | 2535 |
(G) Whoever violates division (C)(1) of section 4729.51 of | 2536 |
the Revised Code is guilty of a felony of the fourth degree. If | 2537 |
the offender has previously been convicted of or pleaded guilty to | 2538 |
a violation of this chapter, or of a violation of Chapter 2925. or | 2539 |
3719. of the Revised Code, that person is guilty of a felony of | 2540 |
the third degree. | 2541 |
(H) Whoever violates division (C)(3) of section 4729.51 of | 2542 |
the Revised Code is guilty of a misdemeanor of the first degree. | 2543 |
If the offender has previously been convicted of or pleaded guilty | 2544 |
to a violation of this chapter, or of a violation of Chapter 2925. | 2545 |
or 3719. of the Revised Code, that person is guilty of a felony of | 2546 |
the fifth degree. | 2547 |
(I)(1) Whoever violates division (B) of section 4729.42 of | 2548 |
the Revised Code is guilty of unauthorized pharmacy-related drug | 2549 |
conduct. Except as otherwise provided in this section, | 2550 |
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 2551 |
second degree. If the offender previously has been convicted of or | 2552 |
pleaded guilty to a violation of division (B), (C), (D), or (E) of | 2553 |
that section, unauthorized pharmacy-related drug conduct is a | 2554 |
misdemeanor of the first degree on a second offense and a felony | 2555 |
of the fifth degree on a third or subsequent offense. | 2556 |
(2) Whoever violates division (C) or (D) of section 4729.42 | 2557 |
of the Revised Code is guilty of permitting unauthorized | 2558 |
pharmacy-related drug conduct. Except as otherwise provided in | 2559 |
this section, permitting unauthorized pharmacy-related drug | 2560 |
conduct is a misdemeanor of the second degree. If the offender | 2561 |
previously has been convicted of or pleaded guilty to a violation | 2562 |
of division (B), (C), (D), or (E) of that section, permitting | 2563 |
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 2564 |
first degree on a second offense and a felony of the fifth degree | 2565 |
on a third or subsequent offense. | 2566 |
(3) Whoever violates division (E) of section 4729.42 of the | 2567 |
Revised Code is guilty of the offense of falsification under | 2568 |
section 2921.13 of the Revised Code. In addition to any other | 2569 |
sanction imposed for the violation, the offender is forever | 2570 |
disqualified from engaging in any activity specified in division | 2571 |
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and | 2572 |
from performing any function as a health care professional or | 2573 |
health care worker. As used in this division, "health care | 2574 |
professional" and "health care worker" have the same meanings as | 2575 |
in section 2305.234 of the Revised Code. | 2576 |
(4) Notwithstanding any contrary provision of section 3719.21 | 2577 |
of the Revised Code or any other provision of law that governs the | 2578 |
distribution of fines, the clerk of the court shall pay any fine | 2579 |
imposed pursuant to division (I)(1), (2), or (3) of this section | 2580 |
to the state board of pharmacy if the board has adopted a written | 2581 |
internal control policy under division (F)(2) of section 2925.03 | 2582 |
of the Revised Code that addresses fine moneys that it receives | 2583 |
under Chapter 2925. of the Revised Code and if the policy also | 2584 |
addresses fine moneys paid under this division. The state board of | 2585 |
pharmacy shall use the fines so paid in accordance with the | 2586 |
written internal control policy to subsidize the board's law | 2587 |
enforcement efforts that pertain to drug offenses. | 2588 |
(J)(1) Whoever violates division (A)(1) of section 4729.86 of | 2589 |
the Revised Code is guilty of a misdemeanor of the third degree. | 2590 |
If the offender has previously been convicted of or pleaded guilty | 2591 |
to a violation of division (A)(1), (2), or (3) of section 4729.86 | 2592 |
of the Revised Code, that person is guilty of a misdemeanor of the | 2593 |
first degree. | 2594 |
(2) Whoever violates division (A)(2) of section 4729.86 of | 2595 |
the Revised Code is guilty of a misdemeanor of the first degree. | 2596 |
If the offender has previously been convicted of or pleaded guilty | 2597 |
to a violation of division (A)(1), (2), or (3) of section 4729.86 | 2598 |
of the Revised Code, that person is guilty of a felony of the | 2599 |
fifth degree. | 2600 |
(3) Whoever violates division (A)(3) of section 4729.86 of | 2601 |
the Revised Code is guilty of a felony of the fifth degree. If the | 2602 |
offender has previously been convicted of or pleaded guilty to a | 2603 |
violation of division (A)(1), (2), or (3) of section 4729.86 of | 2604 |
the Revised Code, that person is guilty of a felony of the fourth | 2605 |
degree. | 2606 |
(K) A person who violates division (C) of section 4729.552 of | 2607 |
the Revised Code is guilty of a misdemeanor of the first degree. | 2608 |
If the person previously has been convicted of or pleaded guilty | 2609 |
to a violation of division (C) of section 4729.552 of the Revised | 2610 |
Code, that person is guilty of a felony of the fifth degree. | 2611 |
Sec. 4730.53. (A) As used in this section, "drug database" | 2612 |
means the database established and maintained by the state board | 2613 |
of pharmacy pursuant to section 4729.75 of the Revised Code. | 2614 |
(B) The medical board shall adopt rules in accordance with | 2615 |
Chapter 119. of the Revised Code that establish standards and | 2616 |
procedures to be followed by a physician assistant who holds a | 2617 |
certificate to prescribe issued under this chapter regarding the | 2618 |
review of patient information available through the drug database. | 2619 |
(C) This section and the rules adopted under it do not apply | 2620 |
if the state board of pharmacy no longer maintains the drug | 2621 |
database. | 2622 |
Sec. 4731.052. (A) As used in this section: | 2623 |
(1) "Dangerous drug" has the same meaning as in section | 2624 |
4729.01 of the Revised Code. | 2625 |
(2) " | 2626 |
2627 | |
2628 | |
2629 | |
Chronic pain" means pain that has persisted after reasonable | 2630 |
medical efforts have been made to relieve the pain or cure its | 2631 |
cause and that has continued, either continuously or episodically, | 2632 |
for longer than three continuous months. "Chronic pain" does not | 2633 |
include pain associated with a terminal condition or with a | 2634 |
progressive disease that, in the normal course of progression, may | 2635 |
reasonably be expected to result in a terminal condition. | 2636 |
(3) "Physician" means an individual authorized under this | 2637 |
chapter to practice medicine and surgery or osteopathic medicine | 2638 |
and surgery. | 2639 |
(B) The state medical board shall adopt rules in accordance | 2640 |
with Chapter 119. of the Revised Code that establish standards and | 2641 |
procedures to be followed by physicians in the diagnosis and | 2642 |
treatment of
| 2643 |
managing | 2644 |
furnishing, or administering dangerous drugs in amounts or | 2645 |
combinations that may not be appropriate when treating other | 2646 |
medical conditions. In developing the rules, the board shall | 2647 |
consult with and permit review by physicians who are experienced | 2648 |
in the diagnosis and treatment of | 2649 |
(C) When a physician diagnoses an individual as having | 2650 |
2651 | |
managing it with dangerous drugs in amounts or combinations that | 2652 |
may not be appropriate when treating other medical conditions. The | 2653 |
physician's diagnosis shall be made after having the individual | 2654 |
evaluated by one or more other physicians who specialize in the | 2655 |
treatment of the area, system, or organ of the body perceived as | 2656 |
the source of the pain. The physician's diagnosis and treatment | 2657 |
decisions shall be made according to accepted and prevailing | 2658 |
standards for medical care. The physician shall maintain a record | 2659 |
of all of the following: | 2660 |
(1) Medical history and physical examination of the | 2661 |
individual; | 2662 |
(2) The diagnosis of | 2663 |
signs, symptoms, and causes; | 2664 |
(3) The plan of treatment proposed, the patient's response to | 2665 |
treatment, and any modification to the plan of treatment; | 2666 |
(4) The dates on which dangerous drugs were prescribed, | 2667 |
furnished, or administered, the name and address of the individual | 2668 |
to or for whom the dangerous drugs were prescribed, dispensed, or | 2669 |
administered, and the amounts and dosage forms for the dangerous | 2670 |
drugs prescribed, furnished, or administered; | 2671 |
(5) A copy of the report made by the physician or the | 2672 |
physician to whom referral for evaluation was made under this | 2673 |
division. | 2674 |
(D) A physician who treats | 2675 |
managing it with dangerous drugs is not subject to disciplinary | 2676 |
action by the board under section 4731.22 of the Revised Code | 2677 |
solely because the physician treated the | 2678 |
with dangerous drugs. | 2679 |
2680 | |
2681 | |
2682 |
Sec. 4731.054. (A) As used in this section: | 2683 |
(1) "Chronic pain" has the same meaning as in section | 2684 |
4731.052 of the Revised Code. | 2685 |
(2) "Controlled substance" has the same meaning as in section | 2686 |
3719.01 of the Revised Code. | 2687 |
(3) "Owner" means each person included on the list maintained | 2688 |
under division (B)(5) of section 4729.552 of the Revised Code. | 2689 |
(4)(a) "Pain management clinic" means a facility to which all | 2690 |
of the following apply: | 2691 |
(i) The primary component of practice is treatment of pain or | 2692 |
chronic pain; | 2693 |
(ii) The majority of patients of the prescribers at the | 2694 |
facility are provided treatment for pain or chronic pain that | 2695 |
includes the use of controlled substances, tramadol, carisoprodol, | 2696 |
or other drugs specified in rules adopted under this section; | 2697 |
(iii) The facility meets any other identifying criteria | 2698 |
established in rules adopted under this section. | 2699 |
(b) "Pain management clinic" does not include any of the | 2700 |
following: | 2701 |
(i) A hospital registered with the department of health under | 2702 |
section 3701.07 of the Revised Code or a facility owned in whole | 2703 |
or in part by a hospital; | 2704 |
(ii) A school, college, university, or other educational | 2705 |
institution or program to the extent that it provides instruction | 2706 |
to individuals preparing to practice as physicians, podiatrists, | 2707 |
dentists, nurses, physician assistants, optometrists, or | 2708 |
veterinarians or any affiliated facility to the extent that it | 2709 |
participates in the provision of that instruction; | 2710 |
(iii) A hospice program licensed under Chapter 3712. of the | 2711 |
Revised Code; | 2712 |
(iv) An ambulatory surgical facility licensed under section | 2713 |
3702.30 of the Revised Code. | 2714 |
(5) "Physician" means an individual authorized under this | 2715 |
chapter to practice medicine and surgery or osteopathic medicine | 2716 |
and surgery. | 2717 |
(6) "Prescriber" has the same meaning as in section 4729.01 | 2718 |
of the Revised Code. | 2719 |
(B) Each owner shall supervise, control, and direct the | 2720 |
activities of each individual, including an employee, volunteer, | 2721 |
or individual under contract, who provides treatment of pain or | 2722 |
chronic pain at the clinic or is associated with the provision of | 2723 |
that treatment. The supervision, control, and direction shall be | 2724 |
provided in accordance with rules adopted under this section. | 2725 |
(C) The state medical board shall adopt rules in accordance | 2726 |
with Chapter 119. of the Revised Code that establish all of the | 2727 |
following: | 2728 |
(1) Standards and procedures for the operation of a pain | 2729 |
management clinic; | 2730 |
(2) Standards and procedures to be followed by a physician | 2731 |
who provides care at a pain management clinic; | 2732 |
(3) For purposes of division (A)(4)(a)(ii) of this section, | 2733 |
the other drugs used to treat pain or chronic pain that identify a | 2734 |
facility as a pain management clinic; | 2735 |
(4) For purposes of division (A)(4)(a)(iii) of this section, | 2736 |
the other criteria that identify a facility as a pain management | 2737 |
clinic; | 2738 |
(5) For purposes of division (B) of this section, standards | 2739 |
and procedures to be followed by an owner in providing | 2740 |
supervision, direction, and control of individuals at a pain | 2741 |
management clinic. | 2742 |
(D) The board may impose a fine of not more than twenty | 2743 |
thousand dollars on a physician who fails to comply with rules | 2744 |
adopted under this section. The fine may be in addition to or in | 2745 |
lieu of any other action that may be taken under section 4731.22 | 2746 |
of the Revised Code. The board shall deposit any amounts received | 2747 |
under this division in accordance with section 4731.24 of the | 2748 |
Revised Code. | 2749 |
Sec. 4731.055. (A) As used in this section: | 2750 |
(1) "Drug database" means the database established and | 2751 |
maintained by the state board of pharmacy pursuant to section | 2752 |
4729.75 of the Revised Code. | 2753 |
(2) "Physician" means an individual authorized under this | 2754 |
chapter to practice medicine and surgery, osteopathic medicine and | 2755 |
surgery, or podiatric medicine and surgery. | 2756 |
(B) The state medical board shall adopt rules in accordance | 2757 |
with Chapter 119. of the Revised Code that establish standards and | 2758 |
procedures to be followed by a physician regarding the review of | 2759 |
patient information available through the drug database. | 2760 |
(C) This section and the rules adopted under it do not apply | 2761 |
if the state board of pharmacy no longer maintains the drug | 2762 |
database. | 2763 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 2764 |
vote of not fewer than six of its members, may revoke or may | 2765 |
refuse to grant a certificate to a person found by the board to | 2766 |
have committed fraud during the administration of the examination | 2767 |
for a certificate to practice or to have committed fraud, | 2768 |
misrepresentation, or deception in applying for or securing any | 2769 |
certificate to practice or certificate of registration issued by | 2770 |
the board. | 2771 |
(B) The board, by an affirmative vote of not fewer than six | 2772 |
members, shall, to the extent permitted by law, limit, revoke, or | 2773 |
suspend an individual's certificate to practice, refuse to | 2774 |
register an individual, refuse to reinstate a certificate, or | 2775 |
reprimand or place on probation the holder of a certificate for | 2776 |
one or more of the following reasons: | 2777 |
(1) Permitting one's name or one's certificate to practice or | 2778 |
certificate of registration to be used by a person, group, or | 2779 |
corporation when the individual concerned is not actually | 2780 |
directing the treatment given; | 2781 |
(2) Failure to maintain minimal standards applicable to the | 2782 |
selection or administration of drugs, or failure to employ | 2783 |
acceptable scientific methods in the selection of drugs or other | 2784 |
modalities for treatment of disease; | 2785 |
(3) Selling, giving away, personally furnishing, prescribing, | 2786 |
or administering drugs for other than legal and legitimate | 2787 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 2788 |
guilt of, or a judicial finding of eligibility for intervention in | 2789 |
lieu of conviction of, a violation of any federal or state law | 2790 |
regulating the possession, distribution, or use of any drug; | 2791 |
(4) Willfully betraying a professional confidence. | 2792 |
For purposes of this division, "willfully betraying a | 2793 |
professional confidence" does not include providing any | 2794 |
information, documents, or reports to a child fatality review | 2795 |
board under sections 307.621 to 307.629 of the Revised Code and | 2796 |
does not include the making of a report of an employee's use of a | 2797 |
drug of abuse, or a report of a condition of an employee other | 2798 |
than one involving the use of a drug of abuse, to the employer of | 2799 |
the employee as described in division (B) of section 2305.33 of | 2800 |
the Revised Code. Nothing in this division affects the immunity | 2801 |
from civil liability conferred by that section upon a physician | 2802 |
who makes either type of report in accordance with division (B) of | 2803 |
that section. As used in this division, "employee," "employer," | 2804 |
and "physician" have the same meanings as in section 2305.33 of | 2805 |
the Revised Code. | 2806 |
(5) Making a false, fraudulent, deceptive, or misleading | 2807 |
statement in the solicitation of or advertising for patients; in | 2808 |
relation to the practice of medicine and surgery, osteopathic | 2809 |
medicine and surgery, podiatric medicine and surgery, or a limited | 2810 |
branch of medicine; or in securing or attempting to secure any | 2811 |
certificate to practice or certificate of registration issued by | 2812 |
the board. | 2813 |
As used in this division, "false, fraudulent, deceptive, or | 2814 |
misleading statement" means a statement that includes a | 2815 |
misrepresentation of fact, is likely to mislead or deceive because | 2816 |
of a failure to disclose material facts, is intended or is likely | 2817 |
to create false or unjustified expectations of favorable results, | 2818 |
or includes representations or implications that in reasonable | 2819 |
probability will cause an ordinarily prudent person to | 2820 |
misunderstand or be deceived. | 2821 |
(6) A departure from, or the failure to conform to, minimal | 2822 |
standards of care of similar practitioners under the same or | 2823 |
similar circumstances, whether or not actual injury to a patient | 2824 |
is established; | 2825 |
(7) Representing, with the purpose of obtaining compensation | 2826 |
or other advantage as personal gain or for any other person, that | 2827 |
an incurable disease or injury, or other incurable condition, can | 2828 |
be permanently cured; | 2829 |
(8) The obtaining of, or attempting to obtain, money or | 2830 |
anything of value by fraudulent misrepresentations in the course | 2831 |
of practice; | 2832 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 2833 |
judicial finding of eligibility for intervention in lieu of | 2834 |
conviction for, a felony; | 2835 |
(10) Commission of an act that constitutes a felony in this | 2836 |
state, regardless of the jurisdiction in which the act was | 2837 |
committed; | 2838 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 2839 |
a judicial finding of eligibility for intervention in lieu of | 2840 |
conviction for, a misdemeanor committed in the course of practice; | 2841 |
(12) Commission of an act in the course of practice that | 2842 |
constitutes a misdemeanor in this state, regardless of the | 2843 |
jurisdiction in which the act was committed; | 2844 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 2845 |
a judicial finding of eligibility for intervention in lieu of | 2846 |
conviction for, a misdemeanor involving moral turpitude; | 2847 |
(14) Commission of an act involving moral turpitude that | 2848 |
constitutes a misdemeanor in this state, regardless of the | 2849 |
jurisdiction in which the act was committed; | 2850 |
(15) Violation of the conditions of limitation placed by the | 2851 |
board upon a certificate to practice; | 2852 |
(16) Failure to pay license renewal fees specified in this | 2853 |
chapter; | 2854 |
(17) Except as authorized in section 4731.31 of the Revised | 2855 |
Code, engaging in the division of fees for referral of patients, | 2856 |
or the receiving of a thing of value in return for a specific | 2857 |
referral of a patient to utilize a particular service or business; | 2858 |
(18) Subject to section 4731.226 of the Revised Code, | 2859 |
violation of any provision of a code of ethics of the American | 2860 |
medical association, the American osteopathic association, the | 2861 |
American podiatric medical association, or any other national | 2862 |
professional organizations that the board specifies by rule. The | 2863 |
state medical board shall obtain and keep on file current copies | 2864 |
of the codes of ethics of the various national professional | 2865 |
organizations. The individual whose certificate is being suspended | 2866 |
or revoked shall not be found to have violated any provision of a | 2867 |
code of ethics of an organization not appropriate to the | 2868 |
individual's profession. | 2869 |
For purposes of this division, a "provision of a code of | 2870 |
ethics of a national professional organization" does not include | 2871 |
any provision that would preclude the making of a report by a | 2872 |
physician of an employee's use of a drug of abuse, or of a | 2873 |
condition of an employee other than one involving the use of a | 2874 |
drug of abuse, to the employer of the employee as described in | 2875 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 2876 |
this division affects the immunity from civil liability conferred | 2877 |
by that section upon a physician who makes either type of report | 2878 |
in accordance with division (B) of that section. As used in this | 2879 |
division, "employee," "employer," and "physician" have the same | 2880 |
meanings as in section 2305.33 of the Revised Code. | 2881 |
(19) Inability to practice according to acceptable and | 2882 |
prevailing standards of care by reason of mental illness or | 2883 |
physical illness, including, but not limited to, physical | 2884 |
deterioration that adversely affects cognitive, motor, or | 2885 |
perceptive skills. | 2886 |
In enforcing this division, the board, upon a showing of a | 2887 |
possible violation, may compel any individual authorized to | 2888 |
practice by this chapter or who has submitted an application | 2889 |
pursuant to this chapter to submit to a mental examination, | 2890 |
physical examination, including an HIV test, or both a mental and | 2891 |
a physical examination. The expense of the examination is the | 2892 |
responsibility of the individual compelled to be examined. Failure | 2893 |
to submit to a mental or physical examination or consent to an HIV | 2894 |
test ordered by the board constitutes an admission of the | 2895 |
allegations against the individual unless the failure is due to | 2896 |
circumstances beyond the individual's control, and a default and | 2897 |
final order may be entered without the taking of testimony or | 2898 |
presentation of evidence. If the board finds an individual unable | 2899 |
to practice because of the reasons set forth in this division, the | 2900 |
board shall require the individual to submit to care, counseling, | 2901 |
or treatment by physicians approved or designated by the board, as | 2902 |
a condition for initial, continued, reinstated, or renewed | 2903 |
authority to practice. An individual affected under this division | 2904 |
shall be afforded an opportunity to demonstrate to the board the | 2905 |
ability to resume practice in compliance with acceptable and | 2906 |
prevailing standards under the provisions of the individual's | 2907 |
certificate. For the purpose of this division, any individual who | 2908 |
applies for or receives a certificate to practice under this | 2909 |
chapter accepts the privilege of practicing in this state and, by | 2910 |
so doing, shall be deemed to have given consent to submit to a | 2911 |
mental or physical examination when directed to do so in writing | 2912 |
by the board, and to have waived all objections to the | 2913 |
admissibility of testimony or examination reports that constitute | 2914 |
a privileged communication. | 2915 |
(20) Except when civil penalties are imposed under section | 2916 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 2917 |
4731.226 of the Revised Code, violating or attempting to violate, | 2918 |
directly or indirectly, or assisting in or abetting the violation | 2919 |
of, or conspiring to violate, any provisions of this chapter or | 2920 |
any rule promulgated by the board. | 2921 |
This division does not apply to a violation or attempted | 2922 |
violation of, assisting in or abetting the violation of, or a | 2923 |
conspiracy to violate, any provision of this chapter or any rule | 2924 |
adopted by the board that would preclude the making of a report by | 2925 |
a physician of an employee's use of a drug of abuse, or of a | 2926 |
condition of an employee other than one involving the use of a | 2927 |
drug of abuse, to the employer of the employee as described in | 2928 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 2929 |
this division affects the immunity from civil liability conferred | 2930 |
by that section upon a physician who makes either type of report | 2931 |
in accordance with division (B) of that section. As used in this | 2932 |
division, "employee," "employer," and "physician" have the same | 2933 |
meanings as in section 2305.33 of the Revised Code. | 2934 |
(21) The violation of section 3701.79 of the Revised Code or | 2935 |
of any abortion rule adopted by the public health council pursuant | 2936 |
to section 3701.341 of the Revised Code; | 2937 |
(22) Any of the following actions taken by | 2938 |
responsible for authorizing, certifying, or regulating | 2939 |
2940 | |
2941 | |
2942 | |
or provide health care services in this state or another | 2943 |
jurisdiction, for any reason other than the nonpayment of fees: | 2944 |
the limitation, revocation, or suspension of an individual's | 2945 |
license to practice; acceptance of an individual's license | 2946 |
surrender; denial of a license; refusal to renew or reinstate a | 2947 |
license; imposition of probation; or issuance of an order of | 2948 |
censure or other reprimand; | 2949 |
(23) The violation of section 2919.12 of the Revised Code or | 2950 |
the performance or inducement of an abortion upon a pregnant woman | 2951 |
with actual knowledge that the conditions specified in division | 2952 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 2953 |
or with a heedless indifference as to whether those conditions | 2954 |
have been satisfied, unless an affirmative defense as specified in | 2955 |
division (H)(2) of that section would apply in a civil action | 2956 |
authorized by division (H)(1) of that section; | 2957 |
(24) The revocation, suspension, restriction, reduction, or | 2958 |
termination of clinical privileges by the United States department | 2959 |
of defense or department of veterans affairs or the termination or | 2960 |
suspension of a certificate of registration to prescribe drugs by | 2961 |
the drug enforcement administration of the United States | 2962 |
department of justice; | 2963 |
(25) Termination or suspension from participation in the | 2964 |
medicare or medicaid programs by the department of health and | 2965 |
human services or other responsible agency for any act or acts | 2966 |
that also would constitute a violation of division (B)(2), (3), | 2967 |
(6), (8), or (19) of this section; | 2968 |
(26) Impairment of ability to practice according to | 2969 |
acceptable and prevailing standards of care because of habitual or | 2970 |
excessive use or abuse of drugs, alcohol, or other substances that | 2971 |
impair ability to practice. | 2972 |
For the purposes of this division, any individual authorized | 2973 |
to practice by this chapter accepts the privilege of practicing in | 2974 |
this state subject to supervision by the board. By filing an | 2975 |
application for or holding a certificate to practice under this | 2976 |
chapter, an individual shall be deemed to have given consent to | 2977 |
submit to a mental or physical examination when ordered to do so | 2978 |
by the board in writing, and to have waived all objections to the | 2979 |
admissibility of testimony or examination reports that constitute | 2980 |
privileged communications. | 2981 |
If it has reason to believe that any individual authorized to | 2982 |
practice by this chapter or any applicant for certification to | 2983 |
practice suffers such impairment, the board may compel the | 2984 |
individual to submit to a mental or physical examination, or both. | 2985 |
The expense of the examination is the responsibility of the | 2986 |
individual compelled to be examined. Any mental or physical | 2987 |
examination required under this division shall be undertaken by a | 2988 |
treatment provider or physician who is qualified to conduct the | 2989 |
examination and who is chosen by the board. | 2990 |
Failure to submit to a mental or physical examination ordered | 2991 |
by the board constitutes an admission of the allegations against | 2992 |
the individual unless the failure is due to circumstances beyond | 2993 |
the individual's control, and a default and final order may be | 2994 |
entered without the taking of testimony or presentation of | 2995 |
evidence. If the board determines that the individual's ability to | 2996 |
practice is impaired, the board shall suspend the individual's | 2997 |
certificate or deny the individual's application and shall require | 2998 |
the individual, as a condition for initial, continued, reinstated, | 2999 |
or renewed certification to practice, to submit to treatment. | 3000 |
Before being eligible to apply for reinstatement of a | 3001 |
certificate suspended under this division, the impaired | 3002 |
practitioner shall demonstrate to the board the ability to resume | 3003 |
practice in compliance with acceptable and prevailing standards of | 3004 |
care under the provisions of the practitioner's certificate. The | 3005 |
demonstration shall include, but shall not be limited to, the | 3006 |
following: | 3007 |
(a) Certification from a treatment provider approved under | 3008 |
section 4731.25 of the Revised Code that the individual has | 3009 |
successfully completed any required inpatient treatment; | 3010 |
(b) Evidence of continuing full compliance with an aftercare | 3011 |
contract or consent agreement; | 3012 |
(c) Two written reports indicating that the individual's | 3013 |
ability to practice has been assessed and that the individual has | 3014 |
been found capable of practicing according to acceptable and | 3015 |
prevailing standards of care. The reports shall be made by | 3016 |
individuals or providers approved by the board for making the | 3017 |
assessments and shall describe the basis for their determination. | 3018 |
The board may reinstate a certificate suspended under this | 3019 |
division after that demonstration and after the individual has | 3020 |
entered into a written consent agreement. | 3021 |
When the impaired practitioner resumes practice, the board | 3022 |
shall require continued monitoring of the individual. The | 3023 |
monitoring shall include, but not be limited to, compliance with | 3024 |
the written consent agreement entered into before reinstatement or | 3025 |
with conditions imposed by board order after a hearing, and, upon | 3026 |
termination of the consent agreement, submission to the board for | 3027 |
at least two years of annual written progress reports made under | 3028 |
penalty of perjury stating whether the individual has maintained | 3029 |
sobriety. | 3030 |
(27) A second or subsequent violation of section 4731.66 or | 3031 |
4731.69 of the Revised Code; | 3032 |
(28) Except as provided in division (N) of this section: | 3033 |
(a) Waiving the payment of all or any part of a deductible or | 3034 |
copayment that a patient, pursuant to a health insurance or health | 3035 |
care policy, contract, or plan that covers the individual's | 3036 |
services, otherwise would be required to pay if the waiver is used | 3037 |
as an enticement to a patient or group of patients to receive | 3038 |
health care services from that individual; | 3039 |
(b) Advertising that the individual will waive the payment of | 3040 |
all or any part of a deductible or copayment that a patient, | 3041 |
pursuant to a health insurance or health care policy, contract, or | 3042 |
plan that covers the individual's services, otherwise would be | 3043 |
required to pay. | 3044 |
(29) Failure to use universal blood and body fluid | 3045 |
precautions established by rules adopted under section 4731.051 of | 3046 |
the Revised Code; | 3047 |
(30) Failure to provide notice to, and receive acknowledgment | 3048 |
of the notice from, a patient when required by section 4731.143 of | 3049 |
the Revised Code prior to providing nonemergency professional | 3050 |
services, or failure to maintain that notice in the patient's | 3051 |
file; | 3052 |
(31) Failure of a physician supervising a physician assistant | 3053 |
to maintain supervision in accordance with the requirements of | 3054 |
Chapter 4730. of the Revised Code and the rules adopted under that | 3055 |
chapter; | 3056 |
(32) Failure of a physician or podiatrist to enter into a | 3057 |
standard care arrangement with a clinical nurse specialist, | 3058 |
certified nurse-midwife, or certified nurse practitioner with whom | 3059 |
the physician or podiatrist is in collaboration pursuant to | 3060 |
section 4731.27 of the Revised Code or failure to fulfill the | 3061 |
responsibilities of collaboration after entering into a standard | 3062 |
care arrangement; | 3063 |
(33) Failure to comply with the terms of a consult agreement | 3064 |
entered into with a pharmacist pursuant to section 4729.39 of the | 3065 |
Revised Code; | 3066 |
(34) Failure to cooperate in an investigation conducted by | 3067 |
the board under division (F) of this section, including failure to | 3068 |
comply with a subpoena or order issued by the board or failure to | 3069 |
answer truthfully a question presented by the board at a | 3070 |
deposition or in written interrogatories, except that failure to | 3071 |
cooperate with an investigation shall not constitute grounds for | 3072 |
discipline under this section if a court of competent jurisdiction | 3073 |
has issued an order that either quashes a subpoena or permits the | 3074 |
individual to withhold the testimony or evidence in issue; | 3075 |
(35) Failure to supervise an acupuncturist in accordance with | 3076 |
Chapter 4762. of the Revised Code and the board's rules for | 3077 |
supervision of an acupuncturist; | 3078 |
(36) Failure to supervise an anesthesiologist assistant in | 3079 |
accordance with Chapter 4760. of the Revised Code and the board's | 3080 |
rules for supervision of an anesthesiologist assistant; | 3081 |
(37) Assisting suicide as defined in section 3795.01 of the | 3082 |
Revised Code; | 3083 |
(38) Failure to comply with the requirements of section | 3084 |
2317.561 of the Revised Code; | 3085 |
(39) Failure to supervise a radiologist assistant in | 3086 |
accordance with Chapter 4774. of the Revised Code and the board's | 3087 |
rules for supervision of radiologist assistants; | 3088 |
(40) Performing or inducing an abortion at an office or | 3089 |
facility with knowledge that the office or facility fails to post | 3090 |
the notice required under section 3701.791 of the Revised Code; | 3091 |
(41) Failure to comply with the standards and procedures | 3092 |
established in rules under section 4731.054 of the Revised Code | 3093 |
for the operation of or the provision of care at a pain management | 3094 |
clinic; | 3095 |
(42) Failure to comply with the standards and procedures | 3096 |
established in rules under section 4731.054 of the Revised Code | 3097 |
for providing supervision, direction, and control of individuals | 3098 |
at a pain management clinic; | 3099 |
(43) Failure to comply with the requirements of section | 3100 |
4729.79 of the Revised Code, unless the state board of pharmacy no | 3101 |
longer maintains a drug database pursuant to section 4729.75 of | 3102 |
the Revised Code. | 3103 |
(C) Disciplinary actions taken by the board under divisions | 3104 |
(A) and (B) of this section shall be taken pursuant to an | 3105 |
adjudication under Chapter 119. of the Revised Code, except that | 3106 |
in lieu of an adjudication, the board may enter into a consent | 3107 |
agreement with an individual to resolve an allegation of a | 3108 |
violation of this chapter or any rule adopted under it. A consent | 3109 |
agreement, when ratified by an affirmative vote of not fewer than | 3110 |
six members of the board, shall constitute the findings and order | 3111 |
of the board with respect to the matter addressed in the | 3112 |
agreement. If the board refuses to ratify a consent agreement, the | 3113 |
admissions and findings contained in the consent agreement shall | 3114 |
be of no force or effect. | 3115 |
A telephone conference call may be utilized for ratification | 3116 |
of a consent agreement that revokes or suspends an individual's | 3117 |
certificate to practice. The telephone conference call shall be | 3118 |
considered a special meeting under division (F) of section 121.22 | 3119 |
of the Revised Code. | 3120 |
If the board takes disciplinary action against an individual | 3121 |
under division (B) of this section for a second or subsequent plea | 3122 |
of guilty to, or judicial finding of guilt of, a violation of | 3123 |
section 2919.123 of the Revised Code, the disciplinary action | 3124 |
shall consist of a suspension of the individual's certificate to | 3125 |
practice for a period of at least one year or, if determined | 3126 |
appropriate by the board, a more serious sanction involving the | 3127 |
individual's certificate to practice. Any consent agreement | 3128 |
entered into under this division with an individual that pertains | 3129 |
to a second or subsequent plea of guilty to, or judicial finding | 3130 |
of guilt of, a violation of that section shall provide for a | 3131 |
suspension of the individual's certificate to practice for a | 3132 |
period of at least one year or, if determined appropriate by the | 3133 |
board, a more serious sanction involving the individual's | 3134 |
certificate to practice. | 3135 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 3136 |
section, the commission of the act may be established by a finding | 3137 |
by the board, pursuant to an adjudication under Chapter 119. of | 3138 |
the Revised Code, that the individual committed the act. The board | 3139 |
does not have jurisdiction under those divisions if the trial | 3140 |
court renders a final judgment in the individual's favor and that | 3141 |
judgment is based upon an adjudication on the merits. The board | 3142 |
has jurisdiction under those divisions if the trial court issues | 3143 |
an order of dismissal upon technical or procedural grounds. | 3144 |
(E) The sealing of conviction records by any court shall have | 3145 |
no effect upon a prior board order entered under this section or | 3146 |
upon the board's jurisdiction to take action under this section | 3147 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 3148 |
judicial finding of eligibility for intervention in lieu of | 3149 |
conviction, the board issued a notice of opportunity for a hearing | 3150 |
prior to the court's order to seal the records. The board shall | 3151 |
not be required to seal, destroy, redact, or otherwise modify its | 3152 |
records to reflect the court's sealing of conviction records. | 3153 |
(F)(1) The board shall investigate evidence that appears to | 3154 |
show that a person has violated any provision of this chapter or | 3155 |
any rule adopted under it. Any person may report to the board in a | 3156 |
signed writing any information that the person may have that | 3157 |
appears to show a violation of any provision of this chapter or | 3158 |
any rule adopted under it. In the absence of bad faith, any person | 3159 |
who reports information of that nature or who testifies before the | 3160 |
board in any adjudication conducted under Chapter 119. of the | 3161 |
Revised Code shall not be liable in damages in a civil action as a | 3162 |
result of the report or testimony. Each complaint or allegation of | 3163 |
a violation received by the board shall be assigned a case number | 3164 |
and shall be recorded by the board. | 3165 |
(2) Investigations of alleged violations of this chapter or | 3166 |
any rule adopted under it shall be supervised by the supervising | 3167 |
member elected by the board in accordance with section 4731.02 of | 3168 |
the Revised Code and by the secretary as provided in section | 3169 |
4731.39 of the Revised Code. The president may designate another | 3170 |
member of the board to supervise the investigation in place of the | 3171 |
supervising member. No member of the board who supervises the | 3172 |
investigation of a case shall participate in further adjudication | 3173 |
of the case. | 3174 |
(3) In investigating a possible violation of this chapter or | 3175 |
any rule adopted under this chapter, the board may administer | 3176 |
oaths, order the taking of depositions, inspect and copy any | 3177 |
books, accounts, papers, records, or documents, issue subpoenas, | 3178 |
and compel the attendance of witnesses and production of books, | 3179 |
accounts, papers, records, documents, and testimony, except that a | 3180 |
subpoena for patient record information shall not be issued | 3181 |
without consultation with the attorney general's office and | 3182 |
approval of the secretary and supervising member of the board. | 3183 |
Before issuance of a subpoena for patient record information, the | 3184 |
secretary and supervising member shall determine whether there is | 3185 |
probable cause to believe that the complaint filed alleges a | 3186 |
violation of this chapter or any rule adopted under it and that | 3187 |
the records sought are relevant to the alleged violation and | 3188 |
material to the investigation. The subpoena may apply only to | 3189 |
records that cover a reasonable period of time surrounding the | 3190 |
alleged violation. | 3191 |
On failure to comply with any subpoena issued by the board | 3192 |
and after reasonable notice to the person being subpoenaed, the | 3193 |
board may move for an order compelling the production of persons | 3194 |
or records pursuant to the Rules of Civil Procedure. | 3195 |
A subpoena issued by the board may be served by a sheriff, | 3196 |
the sheriff's deputy, or a board employee designated by the board. | 3197 |
Service of a subpoena issued by the board may be made by | 3198 |
delivering a copy of the subpoena to the person named therein, | 3199 |
reading it to the person, or leaving it at the person's usual | 3200 |
place of residence. When the person being served is a person whose | 3201 |
practice is authorized by this chapter, service of the subpoena | 3202 |
may be made by certified mail, restricted delivery, return receipt | 3203 |
requested, and the subpoena shall be deemed served on the date | 3204 |
delivery is made or the date the person refuses to accept | 3205 |
delivery. | 3206 |
A sheriff's deputy who serves a subpoena shall receive the | 3207 |
same fees as a sheriff. Each witness who appears before the board | 3208 |
in obedience to a subpoena shall receive the fees and mileage | 3209 |
provided for under section 119.094 of the Revised Code. | 3210 |
(4) All hearings and investigations of the board shall be | 3211 |
considered civil actions for the purposes of section 2305.252 of | 3212 |
the Revised Code. | 3213 |
(5) Information received by the board pursuant to an | 3214 |
investigation is confidential and not subject to discovery in any | 3215 |
civil action. | 3216 |
The board shall conduct all investigations and proceedings in | 3217 |
a manner that protects the confidentiality of patients and persons | 3218 |
who file complaints with the board. The board shall not make | 3219 |
public the names or any other identifying information about | 3220 |
patients or complainants unless proper consent is given or, in the | 3221 |
case of a patient, a waiver of the patient privilege exists under | 3222 |
division (B) of section 2317.02 of the Revised Code, except that | 3223 |
consent or a waiver of that nature is not required if the board | 3224 |
possesses reliable and substantial evidence that no bona fide | 3225 |
physician-patient relationship exists. | 3226 |
The board may share any information it receives pursuant to | 3227 |
an investigation, including patient records and patient record | 3228 |
information, with law enforcement agencies, other licensing | 3229 |
boards, and other governmental agencies that are prosecuting, | 3230 |
adjudicating, or investigating alleged violations of statutes or | 3231 |
administrative rules. An agency or board that receives the | 3232 |
information shall comply with the same requirements regarding | 3233 |
confidentiality as those with which the state medical board must | 3234 |
comply, notwithstanding any conflicting provision of the Revised | 3235 |
Code or procedure of the agency or board that applies when it is | 3236 |
dealing with other information in its possession. In a judicial | 3237 |
proceeding, the information may be admitted into evidence only in | 3238 |
accordance with the Rules of Evidence, but the court shall require | 3239 |
that appropriate measures are taken to ensure that confidentiality | 3240 |
is maintained with respect to any part of the information that | 3241 |
contains names or other identifying information about patients or | 3242 |
complainants whose confidentiality was protected by the state | 3243 |
medical board when the information was in the board's possession. | 3244 |
Measures to ensure confidentiality that may be taken by the court | 3245 |
include sealing its records or deleting specific information from | 3246 |
its records. | 3247 |
(6) On a quarterly basis, the board shall prepare a report | 3248 |
that documents the disposition of all cases during the preceding | 3249 |
three months. The report shall contain the following information | 3250 |
for each case with which the board has completed its activities: | 3251 |
(a) The case number assigned to the complaint or alleged | 3252 |
violation; | 3253 |
(b) The type of certificate to practice, if any, held by the | 3254 |
individual against whom the complaint is directed; | 3255 |
(c) A description of the allegations contained in the | 3256 |
complaint; | 3257 |
(d) The disposition of the case. | 3258 |
The report shall state how many cases are still pending and | 3259 |
shall be prepared in a manner that protects the identity of each | 3260 |
person involved in each case. The report shall be a public record | 3261 |
under section 149.43 of the Revised Code. | 3262 |
(G) If the secretary and supervising member determine | 3263 |
3264 | |
suspend an individual's certificate to practice without a prior | 3265 |
hearing: | 3266 |
(1) That there is clear and convincing evidence that an | 3267 |
individual has violated division (B) of this section | 3268 |
(2) That the individual's continued practice presents a | 3269 |
danger of immediate and serious harm to the public | 3270 |
3271 | |
3272 |
Written allegations shall be prepared for consideration by | 3273 |
the board. The | 3274 |
| 3275 |
affirmative vote of not fewer than six of its members, excluding | 3276 |
the secretary and supervising member, may suspend a certificate | 3277 |
without a prior hearing. A telephone conference call may be | 3278 |
utilized for reviewing the allegations and taking the vote on the | 3279 |
summary suspension. | 3280 |
The board shall issue a written order of suspension by | 3281 |
certified mail or in person in accordance with section 119.07 of | 3282 |
the Revised Code. The order shall not be subject to suspension by | 3283 |
the court during pendency of any appeal filed under section 119.12 | 3284 |
of the Revised Code. If the individual subject to the summary | 3285 |
suspension requests an adjudicatory hearing by the board, the date | 3286 |
set for the hearing shall be within fifteen days, but not earlier | 3287 |
than seven days, after the individual requests the hearing, unless | 3288 |
otherwise agreed to by both the board and the individual. | 3289 |
Any summary suspension imposed under this division shall | 3290 |
remain in effect, unless reversed on appeal, until a final | 3291 |
adjudicative order issued by the board pursuant to this section | 3292 |
and Chapter 119. of the Revised Code becomes effective. The board | 3293 |
shall issue its final adjudicative order within seventy-five days | 3294 |
after completion of its hearing. A failure to issue the order | 3295 |
within seventy-five days shall result in dissolution of the | 3296 |
summary suspension order but shall not invalidate any subsequent, | 3297 |
final adjudicative order. | 3298 |
(H) If the board takes action under division (B)(9), (11), or | 3299 |
(13) of this section and the judicial finding of guilt, guilty | 3300 |
plea, or judicial finding of eligibility for intervention in lieu | 3301 |
of conviction is overturned on appeal, upon exhaustion of the | 3302 |
criminal appeal, a petition for reconsideration of the order may | 3303 |
be filed with the board along with appropriate court documents. | 3304 |
Upon receipt of a petition of that nature and supporting court | 3305 |
documents, the board shall reinstate the individual's certificate | 3306 |
to practice. The board may then hold an adjudication under Chapter | 3307 |
119. of the Revised Code to determine whether the individual | 3308 |
committed the act in question. Notice of an opportunity for a | 3309 |
hearing shall be given in accordance with Chapter 119. of the | 3310 |
Revised Code. If the board finds, pursuant to an adjudication held | 3311 |
under this division, that the individual committed the act or if | 3312 |
no hearing is requested, the board may order any of the sanctions | 3313 |
identified under division (B) of this section. | 3314 |
(I) The certificate to practice issued to an individual under | 3315 |
this chapter and the individual's practice in this state are | 3316 |
automatically suspended as of the date of the individual's second | 3317 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 3318 |
a violation of section 2919.123 of the Revised Code, or the date | 3319 |
the individual pleads guilty to, is found by a judge or jury to be | 3320 |
guilty of, or is subject to a judicial finding of eligibility for | 3321 |
intervention in lieu of conviction in this state or treatment or | 3322 |
intervention in lieu of conviction in another jurisdiction for any | 3323 |
of the following criminal offenses in this state or a | 3324 |
substantially equivalent criminal offense in another jurisdiction: | 3325 |
aggravated murder, murder, voluntary manslaughter, felonious | 3326 |
assault, kidnapping, rape, sexual battery, gross sexual | 3327 |
imposition, aggravated arson, aggravated robbery, or aggravated | 3328 |
burglary. Continued practice after suspension shall be considered | 3329 |
practicing without a certificate. | 3330 |
The board shall notify the individual subject to the | 3331 |
suspension by certified mail or in person in accordance with | 3332 |
section 119.07 of the Revised Code. If an individual whose | 3333 |
certificate is automatically suspended under this division fails | 3334 |
to make a timely request for an adjudication under Chapter 119. of | 3335 |
the Revised Code, the board shall do whichever of the following is | 3336 |
applicable: | 3337 |
(1) If the automatic suspension under this division is for a | 3338 |
second or subsequent plea of guilty to, or judicial finding of | 3339 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 3340 |
board shall enter an order suspending the individual's certificate | 3341 |
to practice for a period of at least one year or, if determined | 3342 |
appropriate by the board, imposing a more serious sanction | 3343 |
involving the individual's certificate to practice. | 3344 |
(2) In all circumstances in which division (I)(1) of this | 3345 |
section does not apply, enter a final order permanently revoking | 3346 |
the individual's certificate to practice. | 3347 |
(J) If the board is required by Chapter 119. of the Revised | 3348 |
Code to give notice of an opportunity for a hearing and if the | 3349 |
individual subject to the notice does not timely request a hearing | 3350 |
in accordance with section 119.07 of the Revised Code, the board | 3351 |
is not required to hold a hearing, but may adopt, by an | 3352 |
affirmative vote of not fewer than six of its members, a final | 3353 |
order that contains the board's findings. In that final order, the | 3354 |
board may order any of the sanctions identified under division (A) | 3355 |
or (B) of this section. | 3356 |
(K) Any action taken by the board under division (B) of this | 3357 |
section resulting in a suspension from practice shall be | 3358 |
accompanied by a written statement of the conditions under which | 3359 |
the individual's certificate to practice may be reinstated. The | 3360 |
board shall adopt rules governing conditions to be imposed for | 3361 |
reinstatement. Reinstatement of a certificate suspended pursuant | 3362 |
to division (B) of this section requires an affirmative vote of | 3363 |
not fewer than six members of the board. | 3364 |
(L) When the board refuses to grant a certificate to an | 3365 |
applicant, revokes an individual's certificate to practice, | 3366 |
refuses to register an applicant, or refuses to reinstate an | 3367 |
individual's certificate to practice, the board may specify that | 3368 |
its action is permanent. An individual subject to a permanent | 3369 |
action taken by the board is forever thereafter ineligible to hold | 3370 |
a certificate to practice and the board shall not accept an | 3371 |
application for reinstatement of the certificate or for issuance | 3372 |
of a new certificate. | 3373 |
(M) Notwithstanding any other provision of the Revised Code, | 3374 |
all of the following apply: | 3375 |
(1) The surrender of a certificate issued under this chapter | 3376 |
shall not be effective unless or until accepted by the board. A | 3377 |
telephone conference call may be utilized for acceptance of the | 3378 |
surrender of an individual's certificate to practice. The | 3379 |
telephone conference call shall be considered a special meeting | 3380 |
under division (F) of section 121.22 of the Revised Code. | 3381 |
Reinstatement of a certificate surrendered to the board requires | 3382 |
an affirmative vote of not fewer than six members of the board. | 3383 |
(2) An application for a certificate made under the | 3384 |
provisions of this chapter may not be withdrawn without approval | 3385 |
of the board. | 3386 |
(3) Failure by an individual to renew a certificate of | 3387 |
registration in accordance with this chapter shall not remove or | 3388 |
limit the board's jurisdiction to take any disciplinary action | 3389 |
under this section against the individual. | 3390 |
(N) Sanctions shall not be imposed under division (B)(28) of | 3391 |
this section against any person who waives deductibles and | 3392 |
copayments as follows: | 3393 |
(1) In compliance with the health benefit plan that expressly | 3394 |
allows such a practice. Waiver of the deductibles or copayments | 3395 |
shall be made only with the full knowledge and consent of the plan | 3396 |
purchaser, payer, and third-party administrator. Documentation of | 3397 |
the consent shall be made available to the board upon request. | 3398 |
(2) For professional services rendered to any other person | 3399 |
authorized to practice pursuant to this chapter, to the extent | 3400 |
allowed by this chapter and rules adopted by the board. | 3401 |
(O) Under the board's investigative duties described in this | 3402 |
section and subject to division (F) of this section, the board | 3403 |
shall develop and implement a quality intervention program | 3404 |
designed to improve through remedial education the clinical and | 3405 |
communication skills of individuals authorized under this chapter | 3406 |
to practice medicine and surgery, osteopathic medicine and | 3407 |
surgery, and podiatric medicine and surgery. In developing and | 3408 |
implementing the quality intervention program, the board may do | 3409 |
all of the following: | 3410 |
(1) Offer in appropriate cases as determined by the board an | 3411 |
educational and assessment program pursuant to an investigation | 3412 |
the board conducts under this section; | 3413 |
(2) Select providers of educational and assessment services, | 3414 |
including a quality intervention program panel of case reviewers; | 3415 |
(3) Make referrals to educational and assessment service | 3416 |
providers and approve individual educational programs recommended | 3417 |
by those providers. The board shall monitor the progress of each | 3418 |
individual undertaking a recommended individual educational | 3419 |
program. | 3420 |
(4) Determine what constitutes successful completion of an | 3421 |
individual educational program and require further monitoring of | 3422 |
the individual who completed the program or other action that the | 3423 |
board determines to be appropriate; | 3424 |
(5) Adopt rules in accordance with Chapter 119. of the | 3425 |
Revised Code to further implement the quality intervention | 3426 |
program. | 3427 |
An individual who participates in an individual educational | 3428 |
program pursuant to this division shall pay the financial | 3429 |
obligations arising from that educational program. | 3430 |
Sec. 4731.241. The state medical board may solicit and accept | 3431 |
grants and services from public and private sources for the | 3432 |
purpose of developing and maintaining programs that address | 3433 |
patient safety and education, supply and demand of health care | 3434 |
professionals, and information sharing with the public and the | 3435 |
individuals regulated by the board. The board shall not solicit or | 3436 |
accept a grant or service that would interfere with the board's | 3437 |
independence or objectivity, as determined by the board. | 3438 |
Money received by the board under this section shall be | 3439 |
deposited into the state treasury to the credit of the medical | 3440 |
board education and patient safety fund, which is hereby created. | 3441 |
The money shall be used solely in accordance with this section. | 3442 |
Sec. 4731.283. | 3443 |
3444 | |
approve one or more continuing medical education courses of study | 3445 |
included within the programs certified by the Ohio state medical | 3446 |
association and the Ohio osteopathic association pursuant to | 3447 |
section 4731.281 of the Revised Code that assist doctors of | 3448 |
medicine and doctors of osteopathic medicine in diagnosing and | 3449 |
treating | 3450 |
of the Revised Code. | 3451 |
Sec. 4731.391. The state medical board may access and view, | 3452 |
but not alter, information gathered and disseminated through the | 3453 |
Ohio law enforcement gateway established under section 109.57 of | 3454 |
the Revised Code. | 3455 |
Sec. 4776.02. (A) An applicant for an initial license or | 3456 |
restored license from a licensing agency, | 3457 |
satisfy the criteria for being a qualified pharmacy technician | 3458 |
that are specified in section 4729.42 of the Revised Code, or a | 3459 |
person seeking to satisfy the requirements to be an employee of a | 3460 |
pain management clinic as specified in section 4729.552 of the | 3461 |
Revised Code shall submit a request to the bureau of criminal | 3462 |
identification and investigation for a criminal records check of | 3463 |
the applicant or person. The request shall be accompanied by a | 3464 |
completed copy of the form prescribed under division (C)(1) of | 3465 |
section 109.572 of the Revised Code, a set of fingerprint | 3466 |
impressions obtained as described in division (C)(2) of that | 3467 |
section, and the fee prescribed under division (C)(3) of that | 3468 |
section. The applicant or person shall ask the superintendent of | 3469 |
the bureau of criminal identification and investigation in the | 3470 |
request to obtain from the federal bureau of investigation any | 3471 |
information it has pertaining to the applicant or person. | 3472 |
An applicant or person requesting a criminal records check | 3473 |
shall provide the bureau of criminal identification and | 3474 |
investigation with the applicant's or person's name and address | 3475 |
and, regarding an applicant, with the licensing agency's name and | 3476 |
address. | 3477 |
(B) Upon receipt of the completed form, the set of | 3478 |
fingerprint impressions, and the fee provided for in division (A) | 3479 |
of this section, the superintendent of the bureau of criminal | 3480 |
identification and investigation shall conduct a criminal records | 3481 |
check of the applicant or person under division (B) of section | 3482 |
109.572 of the Revised Code. Upon completion of the criminal | 3483 |
records check, the superintendent shall do whichever of the | 3484 |
following is applicable: | 3485 |
(1) If the request was submitted by an applicant for an | 3486 |
initial license or restored license, report the results of the | 3487 |
criminal records check and any information the federal bureau of | 3488 |
investigation provides to the licensing agency identified in the | 3489 |
request for a criminal records check; | 3490 |
(2) If the request was submitted by a person seeking to | 3491 |
satisfy the criteria for being a qualified pharmacy technician | 3492 |
that are specified in section 4729.42 of the Revised Code or a | 3493 |
person seeking to satisfy the requirements to be an employee of a | 3494 |
pain management clinic as specified in section 4729.552 of the | 3495 |
Revised Code, do both of the following: | 3496 |
(a) Report the results of the criminal records check and any | 3497 |
information the federal bureau of investigation provides to the | 3498 |
person who submitted the request; | 3499 |
(b) Report the results of the portion of the criminal records | 3500 |
check performed by the bureau of criminal identification and | 3501 |
investigation under division (B)(1) of section 109.572 of the | 3502 |
Revised Code to the employer or potential employer specified in | 3503 |
the request of the person who submitted the request and send a | 3504 |
letter to that employer or potential employer regarding the | 3505 |
information provided by the federal bureau of investigation that | 3506 |
states either that based on that information there is no record of | 3507 |
any conviction or that based on that information the person who | 3508 |
submitted the request may not meet the criteria that are specified | 3509 |
in section 4729.42 of the Revised Code, whichever is applicable. | 3510 |
Sec. 4776.04. The results of any criminal records check | 3511 |
conducted pursuant to a request made under this chapter and any | 3512 |
report containing those results, including any information the | 3513 |
federal bureau of investigation provides, are not public records | 3514 |
for purposes of section 149.43 of the Revised Code and shall not | 3515 |
be made available to any person or for any purpose other than as | 3516 |
follows: | 3517 |
(A) If the request for the criminal records check was | 3518 |
submitted by an applicant for an initial license or restored | 3519 |
license, as follows: | 3520 |
(1) The superintendent of the bureau of criminal | 3521 |
identification and investigation shall make the results available | 3522 |
to the licensing agency for use in determining, under the agency's | 3523 |
authorizing chapter of the Revised Code, whether the applicant who | 3524 |
is the subject of the criminal records check should be granted a | 3525 |
license under that chapter. | 3526 |
(2) The licensing agency shall make the results available to | 3527 |
the applicant who is the subject of the criminal records check. | 3528 |
(B) If the request for the criminal records check was | 3529 |
submitted by a person seeking to satisfy the criteria for being a | 3530 |
qualified pharmacy technician that are specified in section | 3531 |
4729.42 of the Revised Code or a person seeking to satisfy the | 3532 |
requirements to be an employee of a pain management clinic as | 3533 |
specified in section 4729.552 of the Revised Code, the | 3534 |
superintendent of the bureau of criminal identification and | 3535 |
investigation shall make the results available in accordance with | 3536 |
the following: | 3537 |
(1) The superintendent shall make the results of the criminal | 3538 |
records check, including any information the federal bureau of | 3539 |
investigation provides, available to the person who submitted the | 3540 |
request and is the subject of the criminal records check. | 3541 |
(2) The superintendent shall make the results of the portion | 3542 |
of the criminal records check performed by the bureau of criminal | 3543 |
identification and investigation under division (B)(1) of section | 3544 |
109.572 of the Revised Code available to the employer or potential | 3545 |
employer specified in the request of the person who submitted the | 3546 |
request and shall send a letter of the type described in division | 3547 |
(B)(2) of section 4776.02 of the Revised Code to that employer or | 3548 |
potential employer regarding the information provided by the | 3549 |
federal bureau of investigation that contains one of the types of | 3550 |
statements described in that division. | 3551 |
Sec. 5111.085. Not later than July 1, 2012, the department of | 3552 |
job and family services shall adopt rules in accordance with | 3553 |
Chapter 119. of the Revised Code to implement a coordinated | 3554 |
services program for medicaid recipients who are found to have | 3555 |
obtained prescription drugs under the medicaid program at a | 3556 |
frequency or in an amount that is not medically necessary. The | 3557 |
program shall be implemented in a manner that is consistent with | 3558 |
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810 | 3559 |
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R. | 3560 |
431.54(e). | 3561 |
Sec. 5111.172. (A) When contracting under section 5111.17 of | 3562 |
the Revised Code with a managed care organization that is a health | 3563 |
insuring corporation, the department of job and family services | 3564 |
may require the health insuring corporation to provide coverage of | 3565 |
prescription drugs for medicaid recipients enrolled in the health | 3566 |
insuring corporation. In providing the required coverage, the | 3567 |
health insuring corporation may, subject to the department's | 3568 |
approval, use strategies for the management of drug utilization. | 3569 |
(B) As used in this division, "controlled substance" has the | 3570 |
same meaning as in section 3719.01 of the Revised Code. | 3571 |
If a health insuring corporation is required under this | 3572 |
section to provide coverage of prescription drugs, the department | 3573 |
shall permit the health insuring corporation to develop and | 3574 |
implement a pharmacy utilization management program under which | 3575 |
prior authorization through the program is established as a | 3576 |
condition of obtaining a controlled substance pursuant to a | 3577 |
prescription. | 3578 |
3579 | |
3580 | |
3581 | |
3582 |
Sec. 5111.179. Each contract the department of job and family | 3583 |
services enters into with a managed care organization under | 3584 |
section 5111.17 of the Revised Code shall require the managed care | 3585 |
organization to implement a coordinated services program for | 3586 |
medicaid recipients enrolled in the organization who are found to | 3587 |
have obtained prescription drugs under the medicaid program at a | 3588 |
frequency or in an amount that is not medically necessary. The | 3589 |
program shall be implemented in a manner that is consistent with | 3590 |
section 1915(a)(2) of the "Social Security Act," 95 Stat. 810 | 3591 |
(1981), 42 U.S.C. 1396n(a)(2), as amended, and 42 C.F.R. | 3592 |
431.54(e). | 3593 |
Sec. 5111.1710. Each contract the department of job and | 3594 |
family services enters into with a managed care organization under | 3595 |
section 5111.17 of the Revised Code shall require the managed care | 3596 |
organization to enter into a data security agreement with the | 3597 |
state board of pharmacy governing the managed care organization's | 3598 |
use of the board's drug database established and maintained under | 3599 |
section 4729.75 of the Revised Code. | 3600 |
This section does not apply if the board no longer maintains | 3601 |
the drug database. | 3602 |
Section 2. That existing sections 109.57, 325.19, 3719.08, | 3603 |
4715.30, 4723.28, 4729.01, 4729.071, 4729.29, 4729.51, 4729.54, | 3604 |
4729.541, 4729.55, 4729.75, 4729.77, 4729.78, 4729.79, 4729.80, | 3605 |
4729.81, 4729.82, 4729.83, 4729.84, 4729.99, 4731.052, 4731.22, | 3606 |
4731.283, 4776.02, 4776.04, and 5111.172 of the Revised Code are | 3607 |
hereby repealed. | 3608 |
Section 3. This act is hereby declared to be an emergency | 3609 |
measure necessary for the immediate preservation of the public | 3610 |
peace, health, and safety. The reason for such necessity is that | 3611 |
the incidence of unintentional drug poisoning in this state has | 3612 |
increased significantly in recent years and is now a leading cause | 3613 |
of death among the state's citizens, and that immediate action is | 3614 |
necessary to ensure that the sale of certain county hospitals is | 3615 |
not impeded. Therefore, this act shall go into immediate effect. | 3616 |
Section 4. Division (C) of section 4729.552 of the Revised | 3617 |
Code, as enacted by this act, shall take effect thirty days after | 3618 |
the effective date of this section. | 3619 |
Section 5. (A) The State Board of Pharmacy, in consultation | 3620 |
with prescribers and pharmacists, shall consider improvements to | 3621 |
the state's methods of monitoring, through the drug database | 3622 |
established and maintained under section 4729.75 of the Revised | 3623 |
Code, the misuse and diversion of controlled substances. Not later | 3624 |
than six months after the effective date of this section, the | 3625 |
Board shall prepare a report of its findings and recommendations. | 3626 |
(B) In preparing the report, the Board shall include all of | 3627 |
the following: | 3628 |
(1) Recommendations on the establishment of a real-time drug | 3629 |
database that permits information to be immediately submitted to | 3630 |
the database and immediately accessible to the individuals | 3631 |
authorized to access information in the database; | 3632 |
(2) Recommendations on potential improvements to the Board's | 3633 |
existing drug database, including both of the following: | 3634 |
(a) Improvements that are necessary to facilitate information | 3635 |
exchange between the database and database users; | 3636 |
(b) Improvements that allow a drug utilization review to | 3637 |
occur whereby patient use of controlled substances is monitored. | 3638 |
(3) The potential cost of upgrading the Board's existing drug | 3639 |
database or establishing a new database to monitor the misuse or | 3640 |
diversion of controlled substances in this state; | 3641 |
(4) Information on the availability of, and methods to | 3642 |
secure, federal grants necessary to implement the Board's | 3643 |
recommendations; | 3644 |
(5) A description of any other matters the Board considers | 3645 |
relevant to the report. | 3646 |
(C) On completion of the report, the Board shall submit | 3647 |
copies to the Speaker of the House of Representatives, President | 3648 |
of the Senate, and Governor. | 3649 |
Section 6. Section 5111.179 of the Revised Code, as enacted | 3650 |
by this act, shall be implemented by the Department of Job and | 3651 |
Family Services not later than July 1, 2012. On and after the | 3652 |
Department's implementation date, that section applies to | 3653 |
contracts under section 5111.17 of the Revised Code as follows: | 3654 |
(A) To each contract the Department enters into with a | 3655 |
managed care organization on or after the Department's | 3656 |
implementation date; | 3657 |
(B) To each contract between the Department and a managed | 3658 |
care organization that is in effect on the Department's | 3659 |
implementation date if on or after that date the contract is | 3660 |
renewed or the contract is amended or otherwise modified. | 3661 |
Section 7. Section 5111.1710 of the Revised Code, as enacted | 3662 |
by this act, shall be implemented by the Department of Job and | 3663 |
Family Services not later than one year after the effective date | 3664 |
of this section. On and after the Department's implementation | 3665 |
date, that section applies to contracts under section 5111.17 of | 3666 |
the Revised Code as follows: | 3667 |
(A) To each contract the Department enters into with a | 3668 |
managed care organization on or after the Department's | 3669 |
implementation date; | 3670 |
(B) To each contract between the Department and a managed | 3671 |
care organization that is in effect on the Department's | 3672 |
implementation date if on or after that date the contract is | 3673 |
renewed or the contract is amended or otherwise modified. | 3674 |
Section 8. (A) Not later than one year after the effective | 3675 |
date of this section, and annually each year for four years | 3676 |
thereafter, the State Board of Pharmacy shall prepare a report on | 3677 |
all of the following: | 3678 |
(1) The total number of applications received by the Board | 3679 |
for a terminal distributor of dangerous drugs license with a pain | 3680 |
management clinic classification; | 3681 |
(2) The total number of licenses with a pain management | 3682 |
clinic classification granted or denied by the Board; | 3683 |
(3) Any disciplinary actions taken by the Board against | 3684 |
holders of licenses with a pain management clinic classification; | 3685 |
(4) Total revenues generated from fees for licenses with a | 3686 |
pain management clinic classification, fines and penalties paid by | 3687 |
license holders, or other disciplinary actions taken against | 3688 |
license holders; | 3689 |
(5) Any other relevant information regarding the | 3690 |
implementation of this act. | 3691 |
(B) On completion of each report, the Board shall submit a | 3692 |
copy of the report to the Governor and, in accordance with section | 3693 |
101.68 of the Revised Code, the General Assembly. In accordance | 3694 |
with that section, the Board shall display the report on the | 3695 |
Board's internet web site. | 3696 |
Section 9. Section 4731.22 of the Revised Code is presented | 3697 |
in this act as a composite of the section as amended by Am. Sub. | 3698 |
H.B. 280, Sub. H.B. 525, and Sub. S.B. 229 of the 127th General | 3699 |
Assembly. The General Assembly, applying the principle stated in | 3700 |
division (B) of section 1.52 of the Revised Code that amendments | 3701 |
are to be harmonized if reasonably capable of simultaneous | 3702 |
operation, finds that the composite is the resulting version of | 3703 |
the section in effect prior to the effective date of the section | 3704 |
as presented in this act. | 3705 |