As Reported by the House Education Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 296

Representatives Johnson, Duffey 

Cosponsors: Representatives Grossman, Butler, Hackett, Beck, Blessing, Scherer, Derickson, Milkovich, Sprague, Antonio, Becker, Barborak, Stinziano, Roegner, Sears, Amstutz, Phillips, Terhar, Hagan, R., Buchy, Stebelton, Perales, Smith, Blair, Rosenberger, Cera, Brenner, Fedor, Bishoff, Driehaus 

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A BILL

To amend sections 3313.713, 3313.718, 4729.51, and

1

4729.60 and to enact sections 3313.7110, 3314.143,

2

3326.28, 3328.29, and 5104.60 of the Revised Code

3

to permit public schools, residential camps, and

4

child day camps to procure epinephrine

5

autoinjectors in accordance with prescribed

6

procedures and to exempt them from licensing

7

requirements related to the possession of

8

epinephrine autoinjectors.

9

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

Section 1.  That sections 3313.713, 3313.718, 4729.51, and	10
4729.60 be amended and sections 3313.7110, 3314.143, 3326.28,	11
3328.29, and 5104.60 of the Revised Code be enacted to read as	12
follows:	13

Sec. 3313.713.  (A) As used in this section:

14

(1) "Drug" means a drug, as defined in section 4729.01 of the	15
Revised Code, that is to be administered pursuant to the	16
instructions of the prescriber, whether or not required by law to	17
be sold only upon a prescription.	18

(2) "Federal law" means the "Individuals with Disabilities	19
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	20

(3) "Prescriber" has the same meaning as in section 4729.01	21
of the Revised Code.	22

(B) The board of education of each city, local, exempted	23
village, and joint vocational school district shall, not later	24
than one hundred twenty days after September 20, 1984, adopt a	25
policy on the authority of its employees, when acting in	26
situations other than those governed by sections 2305.23,	27
2305.231, and 3313.712, and 3313.7110 of the Revised Code, to	28
administer drugs prescribed to students enrolled in the schools of	29
the district. The policy shall provide either that:	30

(1) Except as otherwise required by federal law, no person	31
employed by the board shall, in the course of such employment,	32
administer any drug prescribed to any student enrolled in the	33
schools of the district.	34

(2) Designated persons employed by the board are authorized	35
to administer to a student a drug prescribed for the student.	36
Effective July 1, 2011, only employees of the board who are	37
licensed health professionals, or who have completed a drug	38
administration training program conducted by a licensed health	39
professional and considered appropriate by the board, may	40
administer to a student a drug prescribed for the student. Except	41
as otherwise provided by federal law, the board's policy may	42
provide that certain drugs or types of drugs shall not be	43
administered or that no employee shall use certain procedures,	44
such as injection, to administer a drug to a student.	45

(C) No drug prescribed for a student shall be administered	46
pursuant to federal law or a policy adopted under division (B) of	47
this section until the following occur:	48

(1) The board, or a person designated by the board, receives	49
a written request, signed by the parent, guardian, or other person	50
having care or charge of the student, that the drug be	51
administered to the student.	52

(2) The board, or a person designated by the board, receives	53
a statement, signed by the prescriber, that includes all of the	54
following information:	55

(a) The name and address of the student;

56

(b) The school and class in which the student is enrolled;

57

(c) The name of the drug and the dosage to be administered;

58

(d) The times or intervals at which each dosage of the drug	59
is to be administered;	60

(e) The date the administration of the drug is to begin;

61

(f) The date the administration of the drug is to cease;

62

(g) Any severe adverse reactions that should be reported to	63
the prescriber and one or more phone numbers at which the	64
prescriber can be reached in an emergency;	65

(h) Special instructions for administration of the drug,	66
including sterile conditions and storage.	67

(3) The parent, guardian, or other person having care or	68
charge of the student agrees to submit a revised statement signed	69
by the prescriber to the board or a person designated by the board	70
if any of the information provided by the prescriber pursuant to	71
division (C)(2) of this section changes.	72

(4) The person authorized by the board to administer the drug	73
receives a copy of the statement required by division (C)(2) or	74
(3) of this section.	75

(5) The drug is received by the person authorized to	76
administer the drug to the student for whom the drug is prescribed	77
in the container in which it was dispensed by the prescriber or a	78
licensed pharmacist.	79

(6) Any other procedures required by the board are followed.

80

(D) If a drug is administered to a student, the board of	81
education shall acquire and retain copies of the written requests	82
required by division (C)(1) and the statements required by	83
divisions (C)(2) and (3) of this section and shall ensure that by	84
the next school day following the receipt of any such statement a	85
copy is given to the person authorized to administer drugs to the	86
student for whom the statement has been received. The board, or a	87
person designated by the board, shall establish a location in each	88
school building for the storage of drugs to be administered under	89
this section and federal law. All such drugs shall be stored in	90
that location in a locked storage place, except that drugs that	91
require refrigeration may be kept in a refrigerator in a place not	92
commonly used by students.	93

(E) No person who has been authorized by a board of education	94
to administer a drug and has a copy of the most recent statement	95
required by division (C)(2) or (3) of this section given to the	96
person in accordance with division (D) of this section prior to	97
administering the drug is liable in civil damages for	98
administering or failing to administer the drug, unless such	99
person acts in a manner that constitutes gross negligence or	100
wanton or reckless misconduct.	101

(F) A board of education may designate a person or persons to	102
perform any function or functions in connection with a drug policy	103
adopted under this section either by name or by position,	104
training, qualifications, or similar distinguishing factors.	105

(G) A policy adopted by a board of education pursuant to this	106
section may be changed, modified, or revised by action of the	107
board.	108

(H) Nothing in this section shall be construed to require a	109
person employed by a board of education to administer a drug to a	110
student unless the board's policy adopted in compliance with this	111
section establishes such a requirement. A board shall not require	112
an employee to administer a drug to a student if the employee	113
objects, on the basis of religious convictions, to administering	114
the drug.	115

Nothing in this section affects the application of section	116
2305.23, 2305.231, or 3313.712, or 3313.7110 of the Revised Code	117
to the administration of emergency care or treatment to a student.	118

Nothing in this section affects the ability of a public or	119
nonpublic school to participate in a school-based fluoride mouth	120
rinse program established by the director of health pursuant to	121
section 3701.136 of the Revised Code. Nothing in this section	122
affects the ability of a person who is employed by, or who	123
volunteers for, a school that participates in such a program to	124
administer fluoride mouth rinse to a student in accordance with	125
section 3701.136 of the Revised Code and any rules adopted by the	126
director under that section.	127

Sec. 3313.718.  (A) As used in this section, "prescriber" has	128
the same meaning as in section 4729.01 of the Revised Code.	129

(B) Notwithstanding section 3313.713 of the Revised Code or	130
any policy adopted under that section, a student of a school	131
operated by a city, local, exempted village, or joint vocational	132
school district or a student of a chartered nonpublic school may	133
possess and use an epinephrine autoinjector to treat anaphylaxis,	134
if all of the following conditions are satisfied:	135

(1) The student has the written approval of the prescriber of	136
the autoinjector and, if the student is a minor, the written	137
approval of the parent, guardian, or other person having care or	138
charge of the student. The prescriber's written approval shall	139
include at least all of the following information:	140

(a) The student's name and address;

141

(b) The names and dose of the medication contained in the	142
autoinjector;	143

(c) The date the administration of the medication is to	144
begin;	145

(d) The date, if known, that the administration of the	146
medication is to cease;	147

(e) Acknowledgment that the prescriber has determined that	148
the student is capable of possessing and using the autoinjector	149
appropriately and has provided the student with training in the	150
proper use of the autoinjector;	151

(f) Circumstances in which the autoinjector should be used;

152

(g) Written instructions that outline procedures school	153
employees should follow in the event that the student is unable to	154
administer the anaphylaxis medication or the medication does not	155
produce the expected relief from the student's anaphylaxis;	156

(h) Any severe adverse reactions that may occur to the child	157
using the autoinjector that should be reported to the prescriber;	158

(i) Any severe adverse reactions that may occur to another	159
child, for whom the autoinjector is not prescribed, should such a	160
child receive a dose of the medication;	161

(j) At least one emergency telephone number for contacting	162
the prescriber in an emergency;	163

(k) At least one emergency telephone number for contacting	164
the parent, guardian, or other person having care or charge of the	165
student in an emergency;	166

(l) Any other special instructions from the prescriber.

167

(2) The school principal and, if a school nurse is assigned	168
to the student's school building, the school nurse has received	169
copies of the written approvals required by division (B)(1) of	170
this section.	171

(3) The school principal or, if a school nurse is assigned to	172
the student's school building, the school nurse has received a	173
backup dose of the anaphylaxis medication from the parent,	174
guardian, or other person having care or charge of the student or,	175
if the student is not a minor, from the student.	176

If these conditions are satisfied, the student may possess	177
and use the autoinjector at school or at any activity, event, or	178
program sponsored by or in which the student's school is a	179
participant.	180

(C) Whenever a student uses an autoinjector at school or at	181
any activity, event, or program sponsored by or in which the	182
student's school is a participant or whenever a school employee	183
administers anaphylaxis medication to a student at such timesthat	184
was possessed by the student pursuant to the written approvals	185
described in division (B)(1) of this section, a school employee	186
shall immediately request assistance from an emergency medical	187
service provider.	188

(D)(1) A school district, member of a school district board	189
of education, or school district employee is not liable in damages	190
in a civil action for injury, death, or loss to person or property	191
allegedly arising from a district employee's prohibiting a student	192
from using an autoinjector because of the employee's good faith	193
belief that the conditions of division (B) of this section had not	194
been satisfied. A school district, member of a school district	195
board of education, or school district employee is not liable in	196
damages in a civil action for injury, death, or loss to person or	197
property allegedly arising from a district employee's permitting a	198
student to use an autoinjector because of the employee's good	199
faith belief that the conditions of division (B) of this section	200
had been satisfied. Furthermore, when a school district is	201
required by this section to permit a student to possess and use an	202
autoinjector because the conditions of division (B) of this	203
section have been satisfied, the school district, any member of	204
the school district board of education, or any school district	205
employee is not liable in damages in a civil action for injury,	206
death, or loss to person or property allegedly arising from the	207
use of the autoinjector by a student for whom it was not	208
prescribed.	209

This section does not eliminate, limit, or reduce any other	210
immunity or defense that a school district, member of a school	211
district board of education, or school district employee may be	212
entitled to under Chapter 2744. or any other provision of the	213
Revised Code or under the common law of this state.	214

(2) A chartered nonpublic school or any officer, director, or	215
employee of the school is not liable in damages in a civil action	216
for injury, death, or loss to person or property allegedly arising	217
from a school employee's prohibiting a student from using an	218
autoinjector because of the employee's good faith belief that the	219
conditions of division (B) of this section had not been satisfied.	220
A chartered nonpublic school or any officer, director, or employee	221
of the school is not liable in damages in a civil action for	222
injury, death, or loss to person or property allegedly arising	223
from a school employee's permitting a student to use an	224
autoinjector because of the employee's good faith belief that the	225
conditions of division (B) of this section had been satisfied.	226
Furthermore, when a chartered nonpublic school is required by this	227
section to permit a student to possess and use an autoinjector	228
because the conditions of division (B) of this section have been	229
satisfied, the chartered nonpublic school or any officer,	230
director, or employee of the school is not liable in damages in a	231
civil action for injury, death, or loss to person or property	232
allegedly arising from the use of the autoinjector by a student	233
for whom it was not prescribed.	234

Sec. 3313.7110.  (A) The board of education of each city,	235
local, exempted village, or joint vocational school district may	236
procure epinephrine autoinjectors for each school operated by the	237
district to have on the school premises for use in emergency	238
situations identified under division (C)(5) of this section. Each	239
district board that elects to procure epinephrine autoinjectors	240
under this section is encouraged to maintain at least two	241
epinephrine injectors at all times.	242

(B) Each district board that elects to procure epinephrine	243
autoinjectors under this section shall adopt a policy authorizing	244
their maintenance and use. The district shall consult with a	245
licensed health professional authorized to prescribe drugs, as	246
defined in section 4729.01 of the Revised Code, to develop a	247
policy composed of procedures specified under division (C) of this	248
section for the maintenance and use of epinephrine autoinjectors.	249

(C) A component of the policy required by division (B) of	250
this section shall be a prescriber-issued protocol, approved by	251
the state board of pharmacy, specifying definitive orders for	252
epinephrine autoinjectors and the dosages of epinephrine to be	253
administered through them. The policy also shall do all of the	254
following:	255

(1) Identify the one or more locations in each school	256
operated by the district in which an epinephrine autoinjector must	257
be stored;	258

(2) Specify the conditions under which an epinephrine	259
autoinjector must be stored, replaced, and disposed;	260

(3) Specify the individuals employed by the district board,	261
in addition to a school nurse licensed under section 3319.221 of	262
the Revised Code, who may access and use an epinephrine	263
autoinjector to provide a dosage of epinephrine to an individual	264
in an emergency situation identified under division (C)(5) of this	265
section;	266

(4) Specify any training that employees specified under	267
division (C)(3) of this section, other than a school nurse, must	268
complete before accessing or using an epinephrine autoinjector;	269

(5) Identify the emergency situations, including when an	270
individual exhibits signs and symptoms of anaphylaxis, in which a	271
school nurse or other employees specified under division (C)(3) of	272
this section may use an epinephrine autoinjector;	273

(6) Specify that assistance from an emergency medical service	274
provider must be requested immediately after an epinephrine	275
autoinjector is used;	276

(7) Specify the individuals, in addition to students, school	277
employees, and school visitors, who may receive a dosage of	278
epinephrine in an emergency situation specified under division	279
(C)(5) of this section.	280

(D) A school or school district, a member of a district board	281
of education, or a district or school employee is not liable in	282
damages in a civil action for injury, death, or loss to person or	283
property allegedly arising from the use of an epinephrine	284
autoinjector under this section.	285

This section does not eliminate, limit, or reduce any other	286
immunity or defense that a school or school district, member of a	287
district board of education, or district or school employee may be	288
entitled to under Chapter 2744. or any other provision of the	289
Revised Code or under the common law of this state.	290

(E) A school district board of education or school building	291
principal may accept donations of epinephrine autoinjectors from a	292
registered wholesale distributor of dangerous drugs or a	293
manufacturer of dangerous drugs, as defined in section 4729.01 of	294
the Revised Code, and may accept donations of money from any	295
person to purchase epinephrine autoinjectors.	296

(F) A school district board of education that elects to	297
procure epinephrine autoinjectors under this section shall report	298
to the department of education each procurement and occurrence in	299
which an epinephrine autoinjector is used from a school's supply	300
of epinephrine autoinjectors.	301

Sec. 3314.143. (A) With the approval of its governing	302
authority, a community school established under this chapter may	303
procure epinephrine autoinjectors in the manner prescribed by	304
section 3313.7110 of the Revised Code. A community school that	305
elects to do so shall comply with all provisions of that section	306
as if it were a school district.	307

(B) A community school, a member of a community school	308
governing authority, or a community school employee is not liable	309
in damages in a civil action for injury, death, or loss to person	310
or property allegedly arising from the use of an epinephrine	311
autoinjector in the manner prescribed by section 3313.7110 of the	312
Revised Code.	313

This division does not eliminate, limit, or reduce any other	314
immunity or defense that a community school or governing	315
authority, member of a community school governing authority, or	316
community school employee may be entitled to under Chapter 2744.	317
or any other provision of the Revised Code or under the common law	318
of this state.	319

(C) A community school may accept donations of epinephrine	320
autoinjectors from a registered wholesale distributor of dangerous	321
drugs or a manufacturer of dangerous drugs, as defined in section	322
4729.01 of the Revised Code, and may accept donations of money	323
from any person to purchase epinephrine autoinjectors.	324

(D) A community school that elects to procure epinephrine	325
autoinjectors under this section shall report to the department of	326
education each procurement and occurrence in which an epinephrine	327
autoinjector is used from the school's supply of epinephrine	328
autoinjectors.	329

Sec. 3326.28.  (A) With the approval of its governing body, a	330
STEM school established under this chapter may procure epinephrine	331
autoinjectors in the manner prescribed by section 3313.7110 of the	332
Revised Code. A STEM school that elects to do so shall comply with	333
all provisions of that section as if it were a school district.	334

(B) A STEM school, a member of a STEM school governing body,	335
or a STEM school employee is not liable in damages in a civil	336
action for injury, death, or loss to person or property allegedly	337
arising from the use of an epinephrine autoinjector in the manner	338
prescribed by section 3313.7110 of the Revised Code.	339

This division does not eliminate, limit, or reduce any other	340
immunity or defense that a STEM school or governing body, member	341
of a STEM school governing body, or STEM school employee may be	342
entitled to under Chapter 2744. or any other provision of the	343
Revised Code or under the common law of this state.	344

(C) A STEM school may accept donations of epinephrine	345
autoinjectors from a registered wholesale distributor of dangerous	346
drugs or a manufacturer of dangerous drugs, as defined in section	347
4729.01 of the Revised Code, and may accept donations of money	348
from any person to purchase epinephrine autoinjectors.	349

(D) A STEM school that elects to procure epinephrine	350
autoinjectors under this section shall report to the department of	351
education each procurement and occurrence in which an epinephrine	352
autoinjector is used from the school's supply of epinephrine	353
autoinjectors.	354

Sec. 3328.29. (A) With the approval of its board of trustees,	355
a college-preparatory boarding school established under this	356
chapter may procure epinephrine autoinjectors in the manner	357
prescribed by section 3313.7110 of the Revised Code. A	358
college-preparatory boarding school that elects to do so shall	359
comply with all provisions of that section as if it were a school	360
district.	361

(B) A college-preparatory boarding school, a member of a	362
college-preparatory boarding school board of trustees, or a	363
college-preparatory boarding school employee is not liable in	364
damages in a civil action for injury, death, or loss to person or	365
property allegedly arising from the use of an epinephrine	366
autoinjector in the manner prescribed by section 3313.7110 of the	367
Revised Code.	368

This division does not eliminate, limit, or reduce any other	369
immunity or defense that a college-preparatory boarding school or	370
board of trustees, member of a college-preparatory boarding school	371
board of trustees, or college-preparatory boarding school employee	372
may be entitled to under Chapter 2744. or any other provision of	373
the Revised Code or under the common law of this state.	374

(C) A college-preparatory boarding school may accept	375
donations of epinephrine autoinjectors from a registered wholesale	376
distributor of dangerous drugs or a manufacturer of dangerous	377
drugs, as defined in section 4729.01 of the Revised Code, and may	378
accept donations of money from any person to purchase epinephrine	379
autoinjectors.	380

(D) A college-preparatory boarding school that elects to	381
procure epinephrine autoinjectors under this section shall report	382
to the department of education each procurement and occurrence in	383
which an epinephrine autoinjector is used from a school's supply	384
of epinephrine autoinjectors.	385

Sec. 4729.51.  (A) No(1) Except as provided in division	386
(A)(2) of this section, no person other than a registered	387
wholesale distributor of dangerous drugs shall possess for sale,	388
sell, distribute, or deliver, at wholesale, dangerous drugs,	389
except as follows:	390

(1)(a) A pharmacist who is a licensed terminal distributor of	391
dangerous drugs or who is employed by a licensed terminal	392
distributor of dangerous drugs may make occasional sales of	393
dangerous drugs at wholesale;	394

(2)(b) A licensed terminal distributor of dangerous drugs	395
having more than one establishment or place may transfer or	396
deliver dangerous drugs from one establishment or place for which	397
a license has been issued to the terminal distributor to another	398
establishment or place for which a license has been issued to the	399
terminal distributor if the license issued for each establishment	400
or place is in effect at the time of the transfer or delivery.	401

(2) A manufacturer of dangerous drugs may donate epinephrine	402
autoinjectors to any of the following:	403

(a) The board of education of a city, local, exempted	404
village, or joint vocational school district;	405

(b) A community school established under Chapter 3314. of the	406
Revised Code;	407

(c) A STEM school established under Chapter 3326. of the	408
Revised Code;	409

(d) A college-preparatory boarding school established under	410
Chapter 3328. of the Revised Code;	411

(e) A residential camp, as defined in section 2151.011 of the	412
Revised Code;	413

(f) A child day camp, as defined in section 5104.01 of the	414
Revised Code.	415

(B)(1) No registered wholesale distributor of dangerous drugs	416
shall possess for sale, or sell, at wholesale, dangerous drugs to	417
any person other than the following:	418

(a) Except as provided in division (B)(2)(a) of this section,	419
a licensed health professional authorized to prescribe drugs;	420

(b) An optometrist licensed under Chapter 4725. of the	421
Revised Code who holds a topical ocular pharmaceutical agents	422
certificate;	423

(c) A registered wholesale distributor of dangerous drugs;

424

(d) A manufacturer of dangerous drugs;

425

(e) Subject to division (B)(3) of this section, a licensed	426
terminal distributor of dangerous drugs;	427

(f) Carriers or warehouses for the purpose of carriage or	428
storage;	429

(g) Terminal or wholesale distributors of dangerous drugs who	430
are not engaged in the sale of dangerous drugs within this state;	431

(h) An individual who holds a current license, certificate,	432
or registration issued under Title 47XLVII of the Revised Code	433
and has been certified to conduct diabetes education by a national	434
certifying body specified in rules adopted by the state board of	435
pharmacy under section 4729.68 of the Revised Code, but only with	436
respect to insulin that will be used for the purpose of diabetes	437
education and only if diabetes education is within the	438
individual's scope of practice under statutes and rules regulating	439
the individual's profession;	440

(i) An individual who holds a valid certificate issued by a	441
nationally recognized S.C.U.B.A. diving certifying organization	442
approved by the state board of pharmacy in rule, but only with	443
respect to medical oxygen that will be used for the purpose of	444
emergency care or treatment at the scene of a diving emergency;	445

(j) Except as provided in division (B)(2)(b) of this section,	446
a business entity that is a corporation formed under division (B)	447
of section 1701.03 of the Revised Code, a limited liability	448
company formed under Chapter 1705. of the Revised Code, or a	449
professional association formed under Chapter 1785. of the Revised	450
Code if the entity has a sole shareholder who is a licensed health	451
professional authorized to prescribe drugs and is authorized to	452
provide the professional services being offered by the entity;	453

(k) Except as provided in division (B)(2)(c) of this section,	454
a business entity that is a corporation formed under division (B)	455
of section 1701.03 of the Revised Code, a limited liability	456
company formed under Chapter 1705. of the Revised Code, a	457
partnership or a limited liability partnership formed under	458
Chapter 1775. of the Revised Code, or a professional association	459
formed under Chapter 1785. of the Revised Code, if, to be a	460
shareholder, member, or partner, an individual is required to be	461
licensed, certified, or otherwise legally authorized under Title	462
XLVII of the Revised Code to perform the professional service	463
provided by the entity and each such individual is a licensed	464
health professional authorized to prescribe drugs;	465

(l) The board of education of a city, local, exempted	466
village, or joint vocational school district, a community school	467
established under Chapter 3314. of the Revised Code, a STEM school	468
established under Chapter 3326. of the Revised Code, or a	469
college-preparatory boarding school established under Chapter	470
3328. of the Revised Code, but only with respect to epinephrine	471
autoinjectors that may be possessed under section 3313.7110 of the	472
Revised Code;	473

(m) A residential camp, as defined in section 2151.011 of the	474
Revised Code, or a child day camp, as defined in section 5104.01	475
of the Revised Code, but only with respect to epinephrine	476
autoinjectors that may be possessed under section 5104.60 of the	477
Revised Code.	478

(2) No registered wholesale distributor of dangerous drugs	479
shall possess for sale, or sell, at wholesale, dangerous drugs to	480
any of the following:	481

(a) A prescriber who is employed by a pain management clinic	482
that is not licensed as a terminal distributor of dangerous drugs	483
with a pain management clinic classification issued under section	484
4729.552 of the Revised Code;	485

(b) A business entity described in division (B)(1)(j) of this	486
section that is, or is operating, a pain management clinic without	487
a license as a terminal distributor of dangerous drugs with a pain	488
management clinic classification issued under section 4729.552 of	489
the Revised Code;	490

(c) A business entity described in division (B)(1)(k) of this	491
section that is, or is operating, a pain management clinic without	492
a license as a terminal distributor of dangerous drugs with a pain	493
management clinic classification issued under section 4729.552 of	494
the Revised Code.	495

(3) No registered wholesale distributor of dangerous drugs	496
shall possess dangerous drugs for sale at wholesale, or sell such	497
drugs at wholesale, to a licensed terminal distributor of	498
dangerous drugs, except as follows:	499

(a) In the case of a terminal distributor with a category I	500
license, only dangerous drugs described in category I, as defined	501
in division (A)(1) of section 4729.54 of the Revised Code;	502

(b) In the case of a terminal distributor with a category II	503
license, only dangerous drugs described in category I and category	504
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	505
the Revised Code;	506

(c) In the case of a terminal distributor with a category III	507
license, dangerous drugs described in category I, category II, and	508
category III, as defined in divisions (A)(1), (2), and (3) of	509
section 4729.54 of the Revised Code;	510

(d) In the case of a terminal distributor with a limited	511
category I, II, or III license, only the dangerous drugs specified	512
in the certificate furnished by the terminal distributor in	513
accordance with section 4729.60 of the Revised Code.	514

(C)(1) Except as provided in division (C)(4) of this section,	515
no person shall sell, at retail, dangerous drugs.	516

(2) Except as provided in division (C)(4) of this section, no	517
person shall possess for sale, at retail, dangerous drugs.	518

(3) Except as provided in division (C)(4) of this section, no	519
person shall possess dangerous drugs.	520

(4) Divisions (C)(1), (2), and (3) of this section do not	521
apply to a registered wholesale distributor of dangerous drugs, a	522
licensed terminal distributor of dangerous drugs, or a person who	523
possesses, or possesses for sale or sells, at retail, a dangerous	524
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	525
4729., 4730., 4731., and 4741. of the Revised Code.	526

Divisions (C)(1), (2), and (3) of this section do not apply	527
to an individual who holds a current license, certificate, or	528
registration issued under Title XLVII of the Revised Code and has	529
been certified to conduct diabetes education by a national	530
certifying body specified in rules adopted by the state board of	531
pharmacy under section 4729.68 of the Revised Code, but only to	532
the extent that the individual possesses insulin or personally	533
supplies insulin solely for the purpose of diabetes education and	534
only if diabetes education is within the individual's scope of	535
practice under statutes and rules regulating the individual's	536
profession.	537

Divisions (C)(1), (2), and (3) of this section do not apply	538
to an individual who holds a valid certificate issued by a	539
nationally recognized S.C.U.B.A. diving certifying organization	540
approved by the state board of pharmacy in rule, but only to the	541
extent that the individual possesses medical oxygen or personally	542
supplies medical oxygen for the purpose of emergency care or	543
treatment at the scene of a diving emergency.	544

Division (C)(3) of this section does not apply to the board	545
of education of a city, local, exempted village, or joint	546
vocational school district, a school building operated by a school	547
district board of education, a community school, a STEM school, or	548
a college-preparatory boarding school for the purpose of	549
possessing epinephrine autoinjectors under section 3313.7110 of	550
the Revised Code.	551

Division (C)(3) of this section does not apply to a	552
residential day camp or child day camp for the purpose of	553
possessing epinephrine autoinjectors under section 5104.60 of the	554
Revised Code.	555

(D) No licensed terminal distributor of dangerous drugs shall	556
purchase for the purpose of resale dangerous drugs from any person	557
other than a registered wholesale distributor of dangerous drugs,	558
except as follows:	559

(1) A licensed terminal distributor of dangerous drugs may	560
make occasional purchases of dangerous drugs for resale from a	561
pharmacist who is a licensed terminal distributor of dangerous	562
drugs or who is employed by a licensed terminal distributor of	563
dangerous drugs;	564

(2) A licensed terminal distributor of dangerous drugs having	565
more than one establishment or place may transfer or receive	566
dangerous drugs from one establishment or place for which a	567
license has been issued to the terminal distributor to another	568
establishment or place for which a license has been issued to the	569
terminal distributor if the license issued for each establishment	570
or place is in effect at the time of the transfer or receipt.	571

(E) No licensed terminal distributor of dangerous drugs shall	572
engage in the sale or other distribution of dangerous drugs at	573
retail or maintain possession, custody, or control of dangerous	574
drugs for any purpose other than the distributor's personal use or	575
consumption, at any establishment or place other than that or	576
those described in the license issued by the state board of	577
pharmacy to such terminal distributor.	578

(F) Nothing in this section shall be construed to interfere	579
with the performance of official duties by any law enforcement	580
official authorized by municipal, county, state, or federal law to	581
collect samples of any drug, regardless of its nature or in whose	582
possession it may be.	583

(G) Notwithstanding anything to the contrary in this section,	584
the board of education of a city, local, exempted village, or	585
joint vocational school district may deliver epinephrine	586
autoinjectors to a school under its control for the purpose of	587
possessing epinephrine autoinjectors in accordance with the policy	588
and procedures prescribed under section 3313.7110 of the Revised	589
Code.	590

Sec. 4729.60.  (A) Before a registered wholesale distributor	591
of dangerous drugs may sell dangerous drugs at wholesale to any	592
person, other than the persons specified in divisions (B)(1)(a) to	593
(d) and (B)(1), (f) to (h), (l), and (m) of section 4729.51 of the	594
Revised Code, such wholesale distributor shall obtain from the	595
purchaser and the purchaser shall furnish to the wholesale	596
distributor a certificate indicating that the purchaser is a	597
licensed terminal distributor of dangerous drugs. The certificate	598
shall be in the form that the state board of pharmacy shall	599
prescribe, and shall set forth the name of the licensee, the	600
number of the license, a description of the place or establishment	601
or each place or establishment for which the license was issued,	602
the category of licensure, and, if the license is a limited	603
category I, II, or III license, the dangerous drugs that the	604
licensee is authorized to possess, have custody or control of, and	605
distribute.	606

If no certificate is obtained or furnished before a sale is	607
made, it shall be presumed that the sale of dangerous drugs by the	608
wholesale distributor is in violation of division (B) of section	609
4729.51 of the Revised Code and the purchase of dangerous drugs by	610
the purchaser is in violation of division (C) of section 4729.51	611
of the Revised Code. If a registered wholesale distributor of	612
dangerous drugs obtains or is furnished a certificate from a	613
terminal distributor of dangerous drugs and relies on the	614
certificate in selling dangerous drugs at wholesale to the	615
terminal distributor of dangerous drugs, the wholesale distributor	616
of dangerous drugs shall be deemed not to have violated division	617
(B) of section 4729.51 of the Revised Code in making the sale.	618

(B) Before a licensed terminal distributor of dangerous drugs	619
may purchase dangerous drugs at wholesale, the terminal	620
distributor shall obtain from the seller and the seller shall	621
furnish to the terminal distributor the number of the seller's	622
registration certificate to engage in the sale of dangerous drugs	623
at wholesale.	624

If no registration number is obtained or furnished before a	625
purchase is made, it shall be presumed that the purchase of	626
dangerous drugs by the terminal distributor is in violation of	627
division (D) of section 4729.51 of the Revised Code and the sale	628
of dangerous drugs by the seller is in violation of division (A)	629
of section 4729.51 of the Revised Code. If a licensed terminal	630
distributor of dangerous drugs obtains or is furnished a	631
registration number from a wholesale distributor of dangerous	632
drugs and relies on the registration number in purchasing	633
dangerous drugs at wholesale from the wholesale distributor of	634
dangerous drugs, the terminal distributor shall be deemed not to	635
have violated division (D) of section 4729.51 of the Revised Code	636
in making the purchase.	637

Sec. 5104.60. (A) A residential camp, as defined in section	638
2151.011 of the Revised Code, or a child day camp, as defined in	639
section 5104.01 of the Revised Code, may procure epinephrine	640
autoinjectors for use in emergency situations identified under	641
division (C)(5) of this section. Each camp that elects to procure	642
epinephrine autoinjectors under this section is encouraged to	643
maintain at least two epinephrine autoinjectors at all times.	644

(B) Each residential camp or child day camp that elects to	645
procure epinephrine autoinjectors under this section shall adopt a	646
policy authorizing their maintenance and use. The camp shall	647
consult with a licensed health professional authorized to	648
prescribe drugs, as defined in section 4729.01 of the Revised	649
Code, to develop a policy for the maintenance and use of	650
epinephrine autoinjectors.	651

(C) A component of the policy required by division (B) of	652
this section shall be a prescriber-issued protocol, approved by	653
the state board of pharmacy, specifying definitive orders for	654
epinephrine autoinjectors and the dosages of epinephrine to be	655
administered through them. The policy also shall do all of the	656
following:	657

(1) Identify the one or more locations in which an	658
epinephrine autoinjector must be stored;	659

(2) Specify the conditions under which an epinephrine	660
autoinjector must be stored, replaced, and disposed;	661

(3) Specify the individuals employed by the camp who may	662
access and use an epinephrine autoinjector to provide a dosage of	663
epinephrine to an individual in an emergency situation identified	664
under division (C)(5) of this section;	665

(4) Specify any training that employees specified under	666
division (C)(3) of this section must complete before accessing or	667
using an epinephrine autoinjector;	668

(5) Identify the emergency situations, including when an	669
individual exhibits signs and symptoms of anaphylaxis, in which	670
employees specified under division (C)(3) of this section may use	671
an epinephrine autoinjector;	672

(6) Specify that assistance from an emergency medical service	673
provider must be requested immediately after an epinephrine	674
autoinjector is used;	675

(7) Specify the individuals who may receive a dosage of	676
epinephrine in an emergency situation specified under division	677
(C)(5) of this section.	678

(D) A residential camp, child day camp, or an employee of a	679
residential camp or child day camp is not liable in damages in a	680
civil action for injury, death, or loss to person or property	681
allegedly arising from the use of an epinephrine autoinjector	682
under this section.	683

(E) A residential camp or child day camp may accept donations	684
of epinephrine autoinjectors from a registered wholesale	685
distributor of dangerous drugs or a manufacturer of dangerous	686
drugs, as defined in section 4729.01 of the Revised Code, and may	687
accept donations of money from any person to purchase epinephrine	688
autoinjectors.	689

(F) A residential camp or child day camp that elects to	690
procure epinephrine autoinjectors under this section shall report	691
to the department of job and family services each procurement and	692
occurrence in which an epinephrine autoinjector is used from a	693
camp's supply of epinephrine autoinjectors.	694

Section 2.  That existing sections 3313.713, 3313.718,	695
4729.51, and 4729.60 of the Revised Code are hereby repealed.	696