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To amend sections 3313.713, 3313.718, 4729.51, and | 1 |
4729.60 and to enact sections 3313.7110, 3314.143, | 2 |
3326.28, and 3328.29 of the Revised Code to permit | 3 |
public schools to procure epinephrine | 4 |
autoinjectors in accordance with prescribed | 5 |
procedures and to exempt them from licensing | 6 |
requirements related to the possession of | 7 |
epinephrine autoinjectors. | 8 |
Section 1. That sections 3313.713, 3313.718, 4729.51, and | 9 |
4729.60 be amended and sections 3313.7110, 3314.143, 3326.28, and | 10 |
3328.29 of the Revised Code be enacted to read as follows: | 11 |
Sec. 3313.713. (A) As used in this section: | 12 |
(1) "Drug" means a drug, as defined in section 4729.01 of the | 13 |
Revised Code, that is to be administered pursuant to the | 14 |
instructions of the prescriber, whether or not required by law to | 15 |
be sold only upon a prescription. | 16 |
(2) "Federal law" means the "Individuals with Disabilities | 17 |
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended. | 18 |
(3) "Prescriber" has the same meaning as in section 4729.01 | 19 |
of the Revised Code. | 20 |
(B) The board of education of each city, local, exempted | 21 |
village, and joint vocational school district shall | 22 |
23 | |
policy on the authority of its employees, when acting in | 24 |
situations other than those governed by sections 2305.23, | 25 |
2305.231, | 26 |
administer drugs prescribed to students enrolled in the schools of | 27 |
the district. The policy shall provide either that: | 28 |
(1) Except as otherwise required by federal law, no person | 29 |
employed by the board shall, in the course of such employment, | 30 |
administer any drug prescribed to any student enrolled in the | 31 |
schools of the district. | 32 |
(2) Designated persons employed by the board are authorized | 33 |
to administer to a student a drug prescribed for the student. | 34 |
Effective July 1, 2011, only employees of the board who are | 35 |
licensed health professionals, or who have completed a drug | 36 |
administration training program conducted by a licensed health | 37 |
professional and considered appropriate by the board, may | 38 |
administer to a student a drug prescribed for the student. Except | 39 |
as otherwise provided by federal law, the board's policy may | 40 |
provide that certain drugs or types of drugs shall not be | 41 |
administered or that no employee shall use certain procedures, | 42 |
such as injection, to administer a drug to a student. | 43 |
(C) No drug prescribed for a student shall be administered | 44 |
pursuant to federal law or a policy adopted under division (B) of | 45 |
this section until the following occur: | 46 |
(1) The board, or a person designated by the board, receives | 47 |
a written request, signed by the parent, guardian, or other person | 48 |
having care or charge of the student, that the drug be | 49 |
administered to the student. | 50 |
(2) The board, or a person designated by the board, receives | 51 |
a statement, signed by the prescriber, that includes all of the | 52 |
following information: | 53 |
(a) The name and address of the student; | 54 |
(b) The school and class in which the student is enrolled; | 55 |
(c) The name of the drug and the dosage to be administered; | 56 |
(d) The times or intervals at which each dosage of the drug | 57 |
is to be administered; | 58 |
(e) The date the administration of the drug is to begin; | 59 |
(f) The date the administration of the drug is to cease; | 60 |
(g) Any severe adverse reactions that should be reported to | 61 |
the prescriber and one or more phone numbers at which the | 62 |
prescriber can be reached in an emergency; | 63 |
(h) Special instructions for administration of the drug, | 64 |
including sterile conditions and storage. | 65 |
(3) The parent, guardian, or other person having care or | 66 |
charge of the student agrees to submit a revised statement signed | 67 |
by the prescriber to the board or a person designated by the board | 68 |
if any of the information provided by the prescriber pursuant to | 69 |
division (C)(2) of this section changes. | 70 |
(4) The person authorized by the board to administer the drug | 71 |
receives a copy of the statement required by division (C)(2) or | 72 |
(3) of this section. | 73 |
(5) The drug is received by the person authorized to | 74 |
administer the drug to the student for whom the drug is prescribed | 75 |
in the container in which it was dispensed by the prescriber or a | 76 |
licensed pharmacist. | 77 |
(6) Any other procedures required by the board are followed. | 78 |
(D) If a drug is administered to a student, the board of | 79 |
education shall acquire and retain copies of the written requests | 80 |
required by division (C)(1) and the statements required by | 81 |
divisions (C)(2) and (3) of this section and shall ensure that by | 82 |
the next school day following the receipt of any such statement a | 83 |
copy is given to the person authorized to administer drugs to the | 84 |
student for whom the statement has been received. The board, or a | 85 |
person designated by the board, shall establish a location in each | 86 |
school building for the storage of drugs to be administered under | 87 |
this section and federal law. All such drugs shall be stored in | 88 |
that location in a locked storage place, except that drugs that | 89 |
require refrigeration may be kept in a refrigerator in a place not | 90 |
commonly used by students. | 91 |
(E) No person who has been authorized by a board of education | 92 |
to administer a drug and has a copy of the most recent statement | 93 |
required by division (C)(2) or (3) of this section given to the | 94 |
person in accordance with division (D) of this section prior to | 95 |
administering the drug is liable in civil damages for | 96 |
administering or failing to administer the drug, unless such | 97 |
person acts in a manner that constitutes gross negligence or | 98 |
wanton or reckless misconduct. | 99 |
(F) A board of education may designate a person or persons to | 100 |
perform any function or functions in connection with a drug policy | 101 |
adopted under this section either by name or by position, | 102 |
training, qualifications, or similar distinguishing factors. | 103 |
(G) A policy adopted by a board of education pursuant to this | 104 |
section may be changed, modified, or revised by action of the | 105 |
board. | 106 |
(H) Nothing in this section shall be construed to require a | 107 |
person employed by a board of education to administer a drug to a | 108 |
student unless the board's policy adopted in compliance with this | 109 |
section establishes such a requirement. A board shall not require | 110 |
an employee to administer a drug to a student if the employee | 111 |
objects, on the basis of religious convictions, to administering | 112 |
the drug. | 113 |
Nothing in this section affects the application of section | 114 |
2305.23, 2305.231, | 115 |
to the administration of emergency care or treatment to a student. | 116 |
Nothing in this section affects the ability of a public or | 117 |
nonpublic school to participate in a school-based fluoride mouth | 118 |
rinse program established by the director of health pursuant to | 119 |
section 3701.136 of the Revised Code. Nothing in this section | 120 |
affects the ability of a person who is employed by, or who | 121 |
volunteers for, a school that participates in such a program to | 122 |
administer fluoride mouth rinse to a student in accordance with | 123 |
section 3701.136 of the Revised Code and any rules adopted by the | 124 |
director under that section. | 125 |
Sec. 3313.718. (A) As used in this section, "prescriber" has | 126 |
the same meaning as in section 4729.01 of the Revised Code. | 127 |
(B) Notwithstanding section 3313.713 of the Revised Code or | 128 |
any policy adopted under that section, a student of a school | 129 |
operated by a city, local, exempted village, or joint vocational | 130 |
school district or a student of a chartered nonpublic school may | 131 |
possess and use an epinephrine autoinjector to treat anaphylaxis, | 132 |
if all of the following conditions are satisfied: | 133 |
(1) The student has the written approval of the prescriber of | 134 |
the autoinjector and, if the student is a minor, the written | 135 |
approval of the parent, guardian, or other person having care or | 136 |
charge of the student. The prescriber's written approval shall | 137 |
include at least all of the following information: | 138 |
(a) The student's name and address; | 139 |
(b) The names and dose of the medication contained in the | 140 |
autoinjector; | 141 |
(c) The date the administration of the medication is to | 142 |
begin; | 143 |
(d) The date, if known, that the administration of the | 144 |
medication is to cease; | 145 |
(e) Acknowledgment that the prescriber has determined that | 146 |
the student is capable of possessing and using the autoinjector | 147 |
appropriately and has provided the student with training in the | 148 |
proper use of the autoinjector; | 149 |
(f) Circumstances in which the autoinjector should be used; | 150 |
(g) Written instructions that outline procedures school | 151 |
employees should follow in the event that the student is unable to | 152 |
administer the anaphylaxis medication or the medication does not | 153 |
produce the expected relief from the student's anaphylaxis; | 154 |
(h) Any severe adverse reactions that may occur to the child | 155 |
using the autoinjector that should be reported to the prescriber; | 156 |
(i) Any severe adverse reactions that may occur to another | 157 |
child, for whom the autoinjector is not prescribed, should such a | 158 |
child receive a dose of the medication; | 159 |
(j) At least one emergency telephone number for contacting | 160 |
the prescriber in an emergency; | 161 |
(k) At least one emergency telephone number for contacting | 162 |
the parent, guardian, or other person having care or charge of the | 163 |
student in an emergency; | 164 |
(l) Any other special instructions from the prescriber. | 165 |
(2) The school principal and, if a school nurse is assigned | 166 |
to the student's school building, the school nurse has received | 167 |
copies of the written approvals required by division (B)(1) of | 168 |
this section. | 169 |
(3) The school principal or, if a school nurse is assigned to | 170 |
the student's school building, the school nurse has received a | 171 |
backup dose of the anaphylaxis medication from the parent, | 172 |
guardian, or other person having care or charge of the student or, | 173 |
if the student is not a minor, from the student. | 174 |
If these conditions are satisfied, the student may possess | 175 |
and use the autoinjector at school or at any activity, event, or | 176 |
program sponsored by or in which the student's school is a | 177 |
participant. | 178 |
(C) Whenever a student uses an autoinjector at school or at | 179 |
any activity, event, or program sponsored by or in which the | 180 |
student's school is a participant or whenever a school employee | 181 |
administers anaphylaxis medication to a student | 182 |
was possessed by the student pursuant to the written approvals | 183 |
described in division (B)(1) of this section, a school employee | 184 |
shall immediately request assistance from an emergency medical | 185 |
service provider. | 186 |
(D)(1) A school district, member of a school district board | 187 |
of education, or school district employee is not liable in damages | 188 |
in a civil action for injury, death, or loss to person or property | 189 |
allegedly arising from a district employee's prohibiting a student | 190 |
from using an autoinjector because of the employee's good faith | 191 |
belief that the conditions of division (B) of this section had not | 192 |
been satisfied. A school district, member of a school district | 193 |
board of education, or school district employee is not liable in | 194 |
damages in a civil action for injury, death, or loss to person or | 195 |
property allegedly arising from a district employee's permitting a | 196 |
student to use an autoinjector because of the employee's good | 197 |
faith belief that the conditions of division (B) of this section | 198 |
had been satisfied. Furthermore, when a school district is | 199 |
required by this section to permit a student to possess and use an | 200 |
autoinjector because the conditions of division (B) of this | 201 |
section have been satisfied, the school district, any member of | 202 |
the school district board of education, or any school district | 203 |
employee is not liable in damages in a civil action for injury, | 204 |
death, or loss to person or property allegedly arising from the | 205 |
use of the autoinjector by a student for whom it was not | 206 |
prescribed. | 207 |
This section does not eliminate, limit, or reduce any other | 208 |
immunity or defense that a school district, member of a school | 209 |
district board of education, or school district employee may be | 210 |
entitled to under Chapter 2744. or any other provision of the | 211 |
Revised Code or under the common law of this state. | 212 |
(2) A chartered nonpublic school or any officer, director, or | 213 |
employee of the school is not liable in damages in a civil action | 214 |
for injury, death, or loss to person or property allegedly arising | 215 |
from a school employee's prohibiting a student from using an | 216 |
autoinjector because of the employee's good faith belief that the | 217 |
conditions of division (B) of this section had not been satisfied. | 218 |
A chartered nonpublic school or any officer, director, or employee | 219 |
of the school is not liable in damages in a civil action for | 220 |
injury, death, or loss to person or property allegedly arising | 221 |
from a school employee's permitting a student to use an | 222 |
autoinjector because of the employee's good faith belief that the | 223 |
conditions of division (B) of this section had been satisfied. | 224 |
Furthermore, when a chartered nonpublic school is required by this | 225 |
section to permit a student to possess and use an autoinjector | 226 |
because the conditions of division (B) of this section have been | 227 |
satisfied, the chartered nonpublic school or any officer, | 228 |
director, or employee of the school is not liable in damages in a | 229 |
civil action for injury, death, or loss to person or property | 230 |
allegedly arising from the use of the autoinjector by a student | 231 |
for whom it was not prescribed. | 232 |
Sec. 3313.7110. (A) The board of education of each city, | 233 |
local, exempted village, or joint vocational school district may | 234 |
procure epinephrine autoinjectors for each school operated by the | 235 |
district to have on the school premises for use in emergency | 236 |
situations identified under division (C)(5) of this section. Each | 237 |
district board that elects to procure epinephrine autoinjectors | 238 |
under this section is encouraged to maintain at least two | 239 |
epinephrine injectors at all times. | 240 |
(B) Each district board that elects to procure epinephrine | 241 |
autoinjectors under this section shall adopt a policy governing | 242 |
their maintenance and use. Before adopting a policy, the board | 243 |
shall consult with a licensed health professional authorized to | 244 |
prescribe drugs, as defined in section 4729.01 of the Revised | 245 |
Code. | 246 |
(C) A component of the policy required by division (B) of | 247 |
this section shall be a prescriber-issued protocol, approved by | 248 |
the state board of pharmacy, specifying definitive orders for | 249 |
epinephrine autoinjectors and the dosages of epinephrine to be | 250 |
administered through them. The policy also shall do all of the | 251 |
following: | 252 |
(1) Identify the one or more locations in each school | 253 |
operated by the district in which an epinephrine autoinjector must | 254 |
be stored; | 255 |
(2) Specify the conditions under which an epinephrine | 256 |
autoinjector must be stored, replaced, and disposed; | 257 |
(3) Specify the individuals employed by the district board, | 258 |
in addition to a school nurse licensed under section 3319.221 of | 259 |
the Revised Code, who may access and use an epinephrine | 260 |
autoinjector to provide a dosage of epinephrine to an individual | 261 |
in an emergency situation identified under division (C)(5) of this | 262 |
section; | 263 |
(4) Specify any training that employees specified under | 264 |
division (C)(3) of this section, other than a school nurse, must | 265 |
complete before accessing or using an epinephrine autoinjector; | 266 |
(5) Identify the emergency situations, including when an | 267 |
individual exhibits signs and symptoms of anaphylaxis, in which a | 268 |
school nurse or other employees specified under division (C)(3) of | 269 |
this section may use an epinephrine autoinjector; | 270 |
(6) Specify that assistance from an emergency medical service | 271 |
provider must be requested immediately after an epinephrine | 272 |
autoinjector is used; | 273 |
(7) Specify the individuals, in addition to students, school | 274 |
employees, and school visitors, who may receive a dosage of | 275 |
epinephrine in an emergency situation specified under division | 276 |
(C)(5) of this section. | 277 |
(D) A school or school district, a member of a district board | 278 |
of education, or a district or school employee is not liable in | 279 |
damages in a civil action for injury, death, or loss to person or | 280 |
property allegedly arising from the use of an epinephrine | 281 |
autoinjector under this section. | 282 |
This section does not eliminate, limit, or reduce any other | 283 |
immunity or defense that a school or school district, member of a | 284 |
district board of education, or district or school employee may be | 285 |
entitled to under Chapter 2744. or any other provision of the | 286 |
Revised Code or under the common law of this state. | 287 |
(E) With the approval of the school district board of | 288 |
education, the principal of an individual school building may | 289 |
procure epinephrine autoinjectors in the manner prescribed under | 290 |
this section. A school building principal that elects to procure | 291 |
epinephrine autoinjectors under this section shall comply with all | 292 |
provisions of divisions (A), (B), and (C) of this section. | 293 |
(F) A school district board of education or school building | 294 |
principal may accept donations of epinephrine autoinjectors from a | 295 |
registered wholesale distributor of dangerous drugs or a | 296 |
manufacturer of dangerous drugs, as defined in section 4729.01 of | 297 |
the Revised Code, and may accept donations of money from any | 298 |
person to purchase epinephrine autoinjectors. | 299 |
(G)(1) A school district board of education that elects to | 300 |
procure epinephrine autoinjectors under this section shall report | 301 |
to the department of education each procurement and occurrence in | 302 |
which an epinephrine autoinjector is used from a school's supply | 303 |
of epinephrine autoinjectors. | 304 |
(2) In the case of an individual school building operated by | 305 |
a school district board of education that does not have a policy | 306 |
requiring each school under its operation to procure epinephrine | 307 |
autoinjectors, but the principal of that building has elected to | 308 |
procure epinephrine autoinjectors pursuant to division (E) of this | 309 |
section, that principal shall report to the department of | 310 |
education each procurement and occurrence in which an epinephrine | 311 |
autoinjector is used from the school's supply of epinephrine | 312 |
autoinjectors. | 313 |
Sec. 3314.143. (A) With the approval of its governing | 314 |
authority, a community school established under this chapter may | 315 |
procure epinephrine autoinjectors in the manner prescribed by | 316 |
section 3313.7110 of the Revised Code. A community school that | 317 |
elects to do so shall comply with all provisions of that section | 318 |
as if it were a school district. | 319 |
(B) A community school, a member of a community school | 320 |
governing authority, or a community school employee is not liable | 321 |
in damages in a civil action for injury, death, or loss to person | 322 |
or property allegedly arising from the use of an epinephrine | 323 |
autoinjector in the manner prescribed by section 3313.7110 of the | 324 |
Revised Code. | 325 |
This division does not eliminate, limit, or reduce any other | 326 |
immunity or defense that a community school or governing | 327 |
authority, member of a community school governing authority, or | 328 |
community school employee may be entitled to under Chapter 2744. | 329 |
or any other provision of the Revised Code or under the common law | 330 |
of this state. | 331 |
(C) A community school may accept donations of epinephrine | 332 |
autoinjectors from a registered wholesale distributor of dangerous | 333 |
drugs or a manufacturer of dangerous drugs, as defined in section | 334 |
4729.01 of the Revised Code, and may accept donations of money | 335 |
from any person to purchase epinephrine autoinjectors. | 336 |
(D) A community school that elects to procure epinephrine | 337 |
autoinjectors under this section shall report to the department of | 338 |
education each procurement and occurrence in which an epinephrine | 339 |
autoinjector is used from the school's supply of epinephrine | 340 |
autoinjectors. | 341 |
Sec. 3326.28. (A) With the approval of its governing body, a | 342 |
STEM school established under this chapter may procure epinephrine | 343 |
autoinjectors in the manner prescribed by section 3313.7110 of the | 344 |
Revised Code. A STEM school that elects to do so shall comply with | 345 |
all provisions of that section as if it were a school district. | 346 |
(B) A STEM school, a member of a STEM school governing body, | 347 |
or a STEM school employee is not liable in damages in a civil | 348 |
action for injury, death, or loss to person or property allegedly | 349 |
arising from the use of an epinephrine autoinjector in the manner | 350 |
prescribed by section 3313.7110 of the Revised Code. | 351 |
This division does not eliminate, limit, or reduce any other | 352 |
immunity or defense that a STEM school or governing body, member | 353 |
of a STEM school governing body, or STEM school employee may be | 354 |
entitled to under Chapter 2744. or any other provision of the | 355 |
Revised Code or under the common law of this state. | 356 |
(C) A STEM school may accept donations of epinephrine | 357 |
autoinjectors from a registered wholesale distributor of dangerous | 358 |
drugs or a manufacturer of dangerous drugs, as defined in section | 359 |
4729.01 of the Revised Code, and may accept donations of money | 360 |
from any person to purchase epinephrine autoinjectors. | 361 |
(D) A STEM school that elects to procure epinephrine | 362 |
autoinjectors under this section shall report to the department of | 363 |
education each procurement and occurrence in which an epinephrine | 364 |
autoinjector is used from the school's supply of epinephrine | 365 |
autoinjectors. | 366 |
Sec. 3328.29. (A) With the approval of its board of trustees, | 367 |
a college-preparatory boarding school established under this | 368 |
chapter may procure epinephrine autoinjectors in the manner | 369 |
prescribed by section 3313.7110 of the Revised Code. A | 370 |
college-preparatory boarding school that elects to do so shall | 371 |
comply with all provisions of that section as if it were a school | 372 |
district. | 373 |
(B) A college-preparatory boarding school, a member of a | 374 |
college-preparatory boarding school board of trustees, or a | 375 |
college-preparatory boarding school employee is not liable in | 376 |
damages in a civil action for injury, death, or loss to person or | 377 |
property allegedly arising from the use of an epinephrine | 378 |
autoinjector in the manner prescribed by section 3313.7110 of the | 379 |
Revised Code. | 380 |
This division does not eliminate, limit, or reduce any other | 381 |
immunity or defense that a college-preparatory boarding school or | 382 |
board of trustees, member of a college-preparatory boarding school | 383 |
board of trustees, or college-preparatory boarding school employee | 384 |
may be entitled to under Chapter 2744. or any other provision of | 385 |
the Revised Code or under the common law of this state. | 386 |
(C) A college-preparatory boarding school may accept | 387 |
donations of epinephrine autoinjectors from a registered wholesale | 388 |
distributor of dangerous drugs or a manufacturer of dangerous | 389 |
drugs, as defined in section 4729.01 of the Revised Code, and may | 390 |
accept donations of money from any person to purchase epinephrine | 391 |
autoinjectors. | 392 |
(D) A college-preparatory boarding school that elects to | 393 |
procure epinephrine autoinjectors under this section shall report | 394 |
to the department of education each procurement and occurrence in | 395 |
which an epinephrine autoinjector is used from a school's supply | 396 |
of epinephrine autoinjectors. | 397 |
Sec. 4729.51. (A) | 398 |
(A)(2) of this section, no person other than a registered | 399 |
wholesale distributor of dangerous drugs shall possess for sale, | 400 |
sell, distribute, or deliver, at wholesale, dangerous drugs, | 401 |
except as follows: | 402 |
| 403 |
dangerous drugs or who is employed by a licensed terminal | 404 |
distributor of dangerous drugs may make occasional sales of | 405 |
dangerous drugs at wholesale; | 406 |
| 407 |
having more than one establishment or place may transfer or | 408 |
deliver dangerous drugs from one establishment or place for which | 409 |
a license has been issued to the terminal distributor to another | 410 |
establishment or place for which a license has been issued to the | 411 |
terminal distributor if the license issued for each establishment | 412 |
or place is in effect at the time of the transfer or delivery. | 413 |
(2) A manufacturer of dangerous drugs may donate epinephrine | 414 |
autoinjectors to any of the following: | 415 |
(a) The board of education of a city, local, exempted | 416 |
village, or joint vocational school district; | 417 |
(b) The principal of a school building operated by a school | 418 |
district board of education, with the approval of that board; | 419 |
(c) A community school established under Chapter 3314. of the | 420 |
Revised Code; | 421 |
(d) A STEM school established under Chapter 3326. of the | 422 |
Revised Code; | 423 |
(e) A college-preparatory boarding school established under | 424 |
Chapter 3328. of the Revised Code. | 425 |
(B)(1) No registered wholesale distributor of dangerous drugs | 426 |
shall possess for sale, or sell, at wholesale, dangerous drugs to | 427 |
any person other than the following: | 428 |
(a) Except as provided in division (B)(2)(a) of this section, | 429 |
a licensed health professional authorized to prescribe drugs; | 430 |
(b) An optometrist licensed under Chapter 4725. of the | 431 |
Revised Code who holds a topical ocular pharmaceutical agents | 432 |
certificate; | 433 |
(c) A registered wholesale distributor of dangerous drugs; | 434 |
(d) A manufacturer of dangerous drugs; | 435 |
(e) Subject to division (B)(3) of this section, a licensed | 436 |
terminal distributor of dangerous drugs; | 437 |
(f) Carriers or warehouses for the purpose of carriage or | 438 |
storage; | 439 |
(g) Terminal or wholesale distributors of dangerous drugs who | 440 |
are not engaged in the sale of dangerous drugs within this state; | 441 |
(h) An individual who holds a current license, certificate, | 442 |
or registration issued under Title | 443 |
and has been certified to conduct diabetes education by a national | 444 |
certifying body specified in rules adopted by the state board of | 445 |
pharmacy under section 4729.68 of the Revised Code, but only with | 446 |
respect to insulin that will be used for the purpose of diabetes | 447 |
education and only if diabetes education is within the | 448 |
individual's scope of practice under statutes and rules regulating | 449 |
the individual's profession; | 450 |
(i) An individual who holds a valid certificate issued by a | 451 |
nationally recognized S.C.U.B.A. diving certifying organization | 452 |
approved by the state board of pharmacy in rule, but only with | 453 |
respect to medical oxygen that will be used for the purpose of | 454 |
emergency care or treatment at the scene of a diving emergency; | 455 |
(j) Except as provided in division (B)(2)(b) of this section, | 456 |
a business entity that is a corporation formed under division (B) | 457 |
of section 1701.03 of the Revised Code, a limited liability | 458 |
company formed under Chapter 1705. of the Revised Code, or a | 459 |
professional association formed under Chapter 1785. of the Revised | 460 |
Code if the entity has a sole shareholder who is a licensed health | 461 |
professional authorized to prescribe drugs and is authorized to | 462 |
provide the professional services being offered by the entity; | 463 |
(k) Except as provided in division (B)(2)(c) of this section, | 464 |
a business entity that is a corporation formed under division (B) | 465 |
of section 1701.03 of the Revised Code, a limited liability | 466 |
company formed under Chapter 1705. of the Revised Code, a | 467 |
partnership or a limited liability partnership formed under | 468 |
Chapter 1775. of the Revised Code, or a professional association | 469 |
formed under Chapter 1785. of the Revised Code, if, to be a | 470 |
shareholder, member, or partner, an individual is required to be | 471 |
licensed, certified, or otherwise legally authorized under Title | 472 |
XLVII of the Revised Code to perform the professional service | 473 |
provided by the entity and each such individual is a licensed | 474 |
health professional authorized to prescribe drugs; | 475 |
(l) The board of education of a city, local, exempted | 476 |
village, or joint vocational school district, a school building | 477 |
operated by a school district board of education, a community | 478 |
school established under Chapter 3314. of the Revised Code, a STEM | 479 |
school established under Chapter 3326. of the Revised Code, or a | 480 |
college-preparatory boarding school established under Chapter | 481 |
3328. of the Revised Code, but only with respect to epinephrine | 482 |
autoinjectors that may be possessed under section 3313.7110 of the | 483 |
Revised Code. | 484 |
(2) No registered wholesale distributor of dangerous drugs | 485 |
shall possess for sale, or sell, at wholesale, dangerous drugs to | 486 |
any of the following: | 487 |
(a) A prescriber who is employed by a pain management clinic | 488 |
that is not licensed as a terminal distributor of dangerous drugs | 489 |
with a pain management clinic classification issued under section | 490 |
4729.552 of the Revised Code; | 491 |
(b) A business entity described in division (B)(1)(j) of this | 492 |
section that is, or is operating, a pain management clinic without | 493 |
a license as a terminal distributor of dangerous drugs with a pain | 494 |
management clinic classification issued under section 4729.552 of | 495 |
the Revised Code; | 496 |
(c) A business entity described in division (B)(1)(k) of this | 497 |
section that is, or is operating, a pain management clinic without | 498 |
a license as a terminal distributor of dangerous drugs with a pain | 499 |
management clinic classification issued under section 4729.552 of | 500 |
the Revised Code. | 501 |
(3) No registered wholesale distributor of dangerous drugs | 502 |
shall possess dangerous drugs for sale at wholesale, or sell such | 503 |
drugs at wholesale, to a licensed terminal distributor of | 504 |
dangerous drugs, except as follows: | 505 |
(a) In the case of a terminal distributor with a category I | 506 |
license, only dangerous drugs described in category I, as defined | 507 |
in division (A)(1) of section 4729.54 of the Revised Code; | 508 |
(b) In the case of a terminal distributor with a category II | 509 |
license, only dangerous drugs described in category I and category | 510 |
II, as defined in divisions (A)(1) and (2) of section 4729.54 of | 511 |
the Revised Code; | 512 |
(c) In the case of a terminal distributor with a category III | 513 |
license, dangerous drugs described in category I, category II, and | 514 |
category III, as defined in divisions (A)(1), (2), and (3) of | 515 |
section 4729.54 of the Revised Code; | 516 |
(d) In the case of a terminal distributor with a limited | 517 |
category I, II, or III license, only the dangerous drugs specified | 518 |
in the certificate furnished by the terminal distributor in | 519 |
accordance with section 4729.60 of the Revised Code. | 520 |
(C)(1) Except as provided in division (C)(4) of this section, | 521 |
no person shall sell, at retail, dangerous drugs. | 522 |
(2) Except as provided in division (C)(4) of this section, no | 523 |
person shall possess for sale, at retail, dangerous drugs. | 524 |
(3) Except as provided in division (C)(4) of this section, no | 525 |
person shall possess dangerous drugs. | 526 |
(4) Divisions (C)(1), (2), and (3) of this section do not | 527 |
apply to a registered wholesale distributor of dangerous drugs, a | 528 |
licensed terminal distributor of dangerous drugs, or a person who | 529 |
possesses, or possesses for sale or sells, at retail, a dangerous | 530 |
drug in accordance with Chapters 3719., 4715., 4723., 4725., | 531 |
4729., 4730., 4731., and 4741. of the Revised Code. | 532 |
Divisions (C)(1), (2), and (3) of this section do not apply | 533 |
to an individual who holds a current license, certificate, or | 534 |
registration issued under Title XLVII of the Revised Code and has | 535 |
been certified to conduct diabetes education by a national | 536 |
certifying body specified in rules adopted by the state board of | 537 |
pharmacy under section 4729.68 of the Revised Code, but only to | 538 |
the extent that the individual possesses insulin or personally | 539 |
supplies insulin solely for the purpose of diabetes education and | 540 |
only if diabetes education is within the individual's scope of | 541 |
practice under statutes and rules regulating the individual's | 542 |
profession. | 543 |
Divisions (C)(1), (2), and (3) of this section do not apply | 544 |
to an individual who holds a valid certificate issued by a | 545 |
nationally recognized S.C.U.B.A. diving certifying organization | 546 |
approved by the state board of pharmacy in rule, but only to the | 547 |
extent that the individual possesses medical oxygen or personally | 548 |
supplies medical oxygen for the purpose of emergency care or | 549 |
treatment at the scene of a diving emergency. | 550 |
Division (C)(3) of this section does not apply to the board | 551 |
of education of a city, local, exempted village, or joint | 552 |
vocational school district, a school building operated by a school | 553 |
district board of education, a community school, a STEM school, or | 554 |
a college-preparatory boarding school for the purpose of | 555 |
possessing epinephrine autoinjectors under section 3313.7110 of | 556 |
the Revised Code. | 557 |
(D) No licensed terminal distributor of dangerous drugs shall | 558 |
purchase for the purpose of resale dangerous drugs from any person | 559 |
other than a registered wholesale distributor of dangerous drugs, | 560 |
except as follows: | 561 |
(1) A licensed terminal distributor of dangerous drugs may | 562 |
make occasional purchases of dangerous drugs for resale from a | 563 |
pharmacist who is a licensed terminal distributor of dangerous | 564 |
drugs or who is employed by a licensed terminal distributor of | 565 |
dangerous drugs; | 566 |
(2) A licensed terminal distributor of dangerous drugs having | 567 |
more than one establishment or place may transfer or receive | 568 |
dangerous drugs from one establishment or place for which a | 569 |
license has been issued to the terminal distributor to another | 570 |
establishment or place for which a license has been issued to the | 571 |
terminal distributor if the license issued for each establishment | 572 |
or place is in effect at the time of the transfer or receipt. | 573 |
(E) No licensed terminal distributor of dangerous drugs shall | 574 |
engage in the sale or other distribution of dangerous drugs at | 575 |
retail or maintain possession, custody, or control of dangerous | 576 |
drugs for any purpose other than the distributor's personal use or | 577 |
consumption, at any establishment or place other than that or | 578 |
those described in the license issued by the state board of | 579 |
pharmacy to such terminal distributor. | 580 |
(F) Nothing in this section shall be construed to interfere | 581 |
with the performance of official duties by any law enforcement | 582 |
official authorized by municipal, county, state, or federal law to | 583 |
collect samples of any drug, regardless of its nature or in whose | 584 |
possession it may be. | 585 |
Sec. 4729.60. (A) Before a registered wholesale distributor | 586 |
of dangerous drugs may sell dangerous drugs at wholesale to any | 587 |
person, other than the persons specified in divisions (B)(1)(a) to | 588 |
(d) | 589 |
Revised Code, such wholesale distributor shall obtain from the | 590 |
purchaser and the purchaser shall furnish to the wholesale | 591 |
distributor a certificate indicating that the purchaser is a | 592 |
licensed terminal distributor of dangerous drugs. The certificate | 593 |
shall be in the form that the state board of pharmacy shall | 594 |
prescribe, and shall set forth the name of the licensee, the | 595 |
number of the license, a description of the place or establishment | 596 |
or each place or establishment for which the license was issued, | 597 |
the category of licensure, and, if the license is a limited | 598 |
category I, II, or III license, the dangerous drugs that the | 599 |
licensee is authorized to possess, have custody or control of, and | 600 |
distribute. | 601 |
If no certificate is obtained or furnished before a sale is | 602 |
made, it shall be presumed that the sale of dangerous drugs by the | 603 |
wholesale distributor is in violation of division (B) of section | 604 |
4729.51 of the Revised Code and the purchase of dangerous drugs by | 605 |
the purchaser is in violation of division (C) of section 4729.51 | 606 |
of the Revised Code. If a registered wholesale distributor of | 607 |
dangerous drugs obtains or is furnished a certificate from a | 608 |
terminal distributor of dangerous drugs and relies on the | 609 |
certificate in selling dangerous drugs at wholesale to the | 610 |
terminal distributor of dangerous drugs, the wholesale distributor | 611 |
of dangerous drugs shall be deemed not to have violated division | 612 |
(B) of section 4729.51 of the Revised Code in making the sale. | 613 |
(B) Before a licensed terminal distributor of dangerous drugs | 614 |
may purchase dangerous drugs at wholesale, the terminal | 615 |
distributor shall obtain from the seller and the seller shall | 616 |
furnish to the terminal distributor the number of the seller's | 617 |
registration certificate to engage in the sale of dangerous drugs | 618 |
at wholesale. | 619 |
If no registration number is obtained or furnished before a | 620 |
purchase is made, it shall be presumed that the purchase of | 621 |
dangerous drugs by the terminal distributor is in violation of | 622 |
division (D) of section 4729.51 of the Revised Code and the sale | 623 |
of dangerous drugs by the seller is in violation of division (A) | 624 |
of section 4729.51 of the Revised Code. If a licensed terminal | 625 |
distributor of dangerous drugs obtains or is furnished a | 626 |
registration number from a wholesale distributor of dangerous | 627 |
drugs and relies on the registration number in purchasing | 628 |
dangerous drugs at wholesale from the wholesale distributor of | 629 |
dangerous drugs, the terminal distributor shall be deemed not to | 630 |
have violated division (D) of section 4729.51 of the Revised Code | 631 |
in making the purchase. | 632 |
Section 2. That existing sections 3313.713, 3313.718, | 633 |
4729.51, and 4729.60 of the Revised Code are hereby repealed. | 634 |