reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.51 | Director of Health to Adopt Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Pursuant to section 3717.04 of the Revised Code, the director of health shall adopt rules regarding food service operations, as follows:
(A) Licensing categories for food service operations and licensing requirements for each category;
(B) Standards and procedures, including a schedule of frequency, for conducting inspections of food service operations;
(C) Standards and procedures for conducting investigations of complaints pertaining to food service operations;
(D) Procedures to be used by the director of health in approving courses of study for persons seeking certification in food protection, standards that must be met to receive and maintain the director's approval, and procedures for withdrawing the director's approval of a course if the standards for approval are no longer being met;
(E) Standards for the provision of assistance to choking victims;
(F) Any other matter the director considers relevant to the administration and enforcement of the provisions of this chapter applicable to food service operations.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.99 | Penalty.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
Whoever violates section 3717.21 or 3717.41 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; for a second offense or subsequent offense, such person is guilty of a misdemeanor of the second degree. Each day the violation continues is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.011 | Conditions Under Which Sewage Treatment System Causes a Public Health Nuisance.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) For purposes of this chapter, a sewage treatment system is causing a public health nuisance if any of the following situations occurs and, after notice by a board of health to the applicable property owner, timely repairs are not made to that system to eliminate the situation:
(1) The sewage treatment system is not operating properly due to a missing component, incorrect settings, or a mechanical or electrical failure.
(2) There is a blockage in a known sewage treatment system component or pipe that causes a backup of sewage or effluent affecting the treatment process or inhibiting proper plumbing drainage.
(3) An inspection conducted by, or under the supervision of, the environmental protection agency or an environmental health specialist registered under Chapter 3776. of the Revised Code documents that there is ponding of liquid or bleeding of liquid onto the surface of the ground or into surface water and the liquid has a distinct sewage odor, a black or gray coloration, or the presence of organic matter and any of the following:
(a) The presence of sewage effluent identified through a dye test;
(b) The presence of fecal coliform at a level that is equal to or greater than five thousand colonies per one hundred milliliters of liquid as determined in two or more samples of the liquid when five or fewer samples are collected or in more than twenty per cent of the samples when more than five samples of the liquid are collected;
(c) Water samples that exceed one thousand thirty e. coli counts per one hundred milliliters in two or more samples when five or fewer samples are collected or in more than twenty per cent of the samples when more than five samples are collected.
(4) With respect to a discharging system for which an NPDES permit has been issued under Chapter 6111. of the Revised Code and rules adopted under it, the system routinely exceeds the effluent discharge limitations specified in the permit.
(B) With respect to divisions (A)(1) and (2) of this section, a property owner may request a test to be conducted by a board of health to verify that the sewage treatment system is causing a public health nuisance. The property owner is responsible for the costs of the test.
Last updated October 16, 2023 at 3:56 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.012 | Older Sewage Treatment Systems.

Effective:
September 17, 2010
Latest Legislation:
Senate Bill 110 - 128th General Assembly
A sewage treatment system that was in operation prior to the effective date of this section shall not be required to be replaced with a new sewage treatment system under this chapter or rules adopted under it and shall be deemed approved if the system does not cause a public health nuisance or, if the system is causing a public health nuisance as provided in section 3718.011 of the Revised Code, repairs are made to the system that eliminate the public health nuisance as determined by the applicable board of health.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.021 | Board of Health May Regulate Small Flow On-Site Systems; Oepa Regulation in Default.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) A board of health may regulate the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems in accordance with rules adopted by the director of health under division (A)(13) of section 3718.02 of the Revised Code. If a board of health chooses to regulate small flow on-site sewage treatment systems, the board first shall send written notification to the director of health and the director of environmental protection.
(B) If a board of health chooses to regulate small flow on-site sewage treatment systems under division (A) of this section and later determines that it no longer wants to regulate those systems, the board shall notify the director of health and the director of environmental protection. Upon the receipt of the notification by the director of environmental protection, the board of health shall cease regulating small flow on-site sewage treatment systems, and the environmental protection agency shall regulate those systems.
(C) If after a survey conducted under section 3718.07 of the Revised Code the director of health finds that a board of health that has chosen to regulate small flow on-site sewage treatment systems is not complying with the rules adopted under division (A)(13) of section 3718.02 of the Revised Code, the director shall notify the director of environmental protection and the board of health. Upon receipt of the notification, the board shall cease regulating small flow on-site sewage treatment systems, and the environmental protection agency shall regulate those systems.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.022 | Consideration of Economic Impact in Adopting Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Notwithstanding any provision in this chapter to the contrary, in adopting rules under division (A) of section 3718.02 of the Revised Code, the director of health shall consider the economic impact of the rules on property owners, the state of available technology, and the nature and economics of the available alternatives.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.024 | Training in Best Management Practices.

Effective:
September 17, 2010
Latest Legislation:
Senate Bill 110 - 128th General Assembly
The director of health in cooperation with a board of health shall assess the familiarity of the board's staff with best management practices in the use of sewage treatment systems, as necessary, and conduct appropriate training to educate the board's staff in those best management practices and in the use of any new sewage treatment system technology that is recommended for use by the sewage treatment system technical advisory committee created in section 3718.03 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.025 | National Pollutant Discharge Elimination System Permits.

Effective:
September 17, 2010
Latest Legislation:
Senate Bill 110 - 128th General Assembly
The environmental protection agency shall not require a board of health to enter into a memorandum of understanding or any other agreement with the agency regarding the issuance of national pollutant discharge elimination system permits for off-lot household sewage treatment systems. Rather, a representative of a board of health may meet with a person who intends to install such a system to determine the feasibility of the system and refer the person to the agency to secure a national pollutant discharge elimination system permit for the system if needed. The environmental protection agency shall make revisions to any applicable general national pollutant discharge elimination system permits, issued pursuant to the federal Water Pollution Control Act as defined in section 6111.01 of the Revised Code, so that such a memorandum of understanding is not required. A board of health voluntarily may enter into a memorandum of understanding with the environmental protection agency to implement a general national pollutant discharge elimination system permit. The agency shall work with boards of health to facilitate securing national pollutant discharge elimination system permits on behalf of property owners in counties without a memorandum of understanding.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.041 | Requests for Statements of Approval for Installers or Manufacturers.

Effective:
September 17, 2010
Latest Legislation:
Senate Bill 110 - 128th General Assembly
An installer or manufacturer of a sewage treatment system or component of a system the use of which has been authorized in rules adopted under section 3718.02 of the Revised Code may request from the director of health a written statement acknowledging that the system or component of a system is approved for use in this state and that the approval is equivalent in all respects to the approval of a system or component of a system under section 3718.04 of the Revised Code. The director may approve or deny such a request as the director determines appropriate.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.05 | Administration and Enforcement Duties of Director of Health.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall do all of the following:
(A) Administer and enforce this chapter and the rules adopted under it;
(B) Examine records of boards of health, in accordance with rules adopted by the director, that are determined necessary to ascertain compliance with this chapter and rules adopted under it;
(C) Review and approve or disapprove rules proposed by boards of health under division (B) of section 3718.02 of the Revised Code. The director shall not disapprove a proposed rule unless the director determines that the proposed rule conflicts with this chapter or rules adopted under division (A) of section 3718.02 of the Revised Code or fails to promote public health or environmental protection. If the director disapproves a proposed rule, the director shall provide a written explanation of the director's disapproval to the board of health that proposed the rule.
(D) Survey boards of health as required by section 3718.07 of the Revised Code;
(E) Develop with the sewage treatment system technical advisory committee standards, guidelines, and protocols for use by the director in approving or disapproving a sewage treatment system under section 3718.04 of the Revised Code and an application form for use by applicants for that approval, including identification of the information that must be included with the form;
(F) Provide instructions on the operation and maintenance of a sewage treatment system. The director shall provide the operation and maintenance instructions on the department of health's web site. In addition, the director shall provide a copy of the operation and maintenance instructions when the director receives a written request for the instructions.
(G) Develop educational programs, in conjunction with boards of health, to educate owners of sewage treatment systems regarding the proper operation and maintenance of those systems.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.06 | Fees; Disposition of Proceeds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A board of health shall establish fees in accordance with section 3709.09 of the Revised Code for the purpose of carrying out its duties under this chapter and rules adopted under it, including fees for installation permits, operation permits, and alteration permits issued by the board. All fees so established and collected by the board shall be deposited in a special fund of the district to be used exclusively by the board in carrying out those duties.
(B) In accordance with Chapter 119. of the Revised Code, the director of health may establish by rule a fee to be collected from applicants for installation permits and alteration permits issued under rules adopted under this chapter. The director of health shall use not more than ninety per cent of the proceeds from that fee for administering and enforcing this chapter and the rules adopted under it by the director. The director shall use not less than ten per cent of the proceeds from that fee to establish a program in cooperation with boards of health to fund installation and evaluation of sewage treatment system new technology pilot projects through grants or other agreements. In the selection of pilot projects, the director shall consult with the sewage treatment system technical advisory committee. A board of health shall collect and transmit the fee to the director pursuant to section 3709.092 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.07 | Survey to Determine Compliance - Approved District List.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall survey each city and general health district at least once every three years to determine whether there is substantial compliance with the requirements of this chapter pertaining to health districts and the applicable rules adopted by the director under this chapter. Upon determining that there is substantial compliance, the director shall place the district on an approved list. The director may resurvey an approved district if it is determined by the director to be necessary and may remove from the list a district that is found not to be substantially complying with the requirements of this chapter pertaining to health districts and the applicable rules.
If the director determines that a district is not eligible to be placed on the approved list or to continue on the list after a resurvey, the director shall certify that determination to the board of health, and the director shall carry out the duties of the unapproved health district under this chapter and the applicable rules adopted under it within the district or shall contract with an approved health district to conduct those duties until the unapproved district is placed on or returned to the approved list. The director or the contracting district shall have within the unapproved district the authority to exercise powers and perform duties granted to or imposed on the board under this chapter and the applicable rules adopted under it.
Until the unapproved district is placed on or returned to the approved list, the director or the contracting district shall collect all fees payable to the board of health under this chapter and all such fees previously paid to the unapproved district that have not been expended or encumbered. The director shall deposit those fees in the state treasury to the credit of a special fund, which is hereby created, to be used by the director for the purpose of carrying out the duties of the unapproved health district under this chapter and the applicable rules adopted under it. A contracting district shall deposit those fees to the credit of its fund created under section 3718.06 of the Revised Code to be used by the district for the purpose of carrying out the duties of the unapproved district under this chapter and the applicable rules adopted under it. The director or contracting district shall repay to the unapproved district any balance remaining in the applicable fund from all sources when the unapproved district is placed on or returned to the approved list by the director.
If a health district is removed from the approved list under this section and the board of health of the district is regulating small flow on-site sewage treatment systems in the district under section 3718.021 of the Revised Code, the director of environmental protection shall regulate those systems in that district in accordance with division (C) of that section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.08 | Violation of Chapter, Rules or Conditions Prohibited.

Effective:
July 1, 2007
Latest Legislation:
House Bill 231 - 125th General Assembly
No person shall violate this chapter, any rule adopted or order issued under it, or any condition of a registration or permit issued under rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.09 | Enforcement Orders - Emergency Orders.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) A board of health may issue, modify, suspend, or revoke enforcement orders to a registration or permit holder or other person directing the holder or person to abate a violation of this chapter, any rule adopted or order issued under it, or a condition of a registration or permit issued under it within a specified, reasonable time. If an order issued under this division is neglected or disregarded, the applicable board of health may proceed in accordance with section 3707.02 of the Revised Code.
(B) The health commissioner or the commissioner's designated representative, without prior notice or hearing and in accordance with rules adopted by the director of health, may issue an emergency order requiring any action necessary to meet a public health emergency or to prevent or abate an imminent and substantial threat to surface water or ground water regarding domestic septage management or regarding a sewage treatment system that is being operated in a manner that does not comply with this chapter or rules adopted under it. A person to whom such an emergency order is issued immediately shall comply with the order. A person so ordered may apply to the issuer of the order for a hearing, which shall be held as soon as possible, but not later than twenty days after the issuer's receipt of the application for a hearing.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.10 | Prosecution or Injunction for Violation - Civil Penalty.

Effective:
July 1, 2007
Latest Legislation:
House Bill 231 - 125th General Assembly
(A) The prosecuting attorney of the county or the city director of law, village solicitor, or other chief legal officer of the municipal corporation where a violation has occurred or is occurring, upon complaint of the director of health or a board of health, shall prosecute to termination or bring an action for injunction or other appropriate relief against any person who is violating or has violated this chapter, any rule adopted or order issued under it, or any condition of a registration or permit issued under rules adopted under it. The court of common pleas or the municipal or county court in which an action for injunction is filed has jurisdiction to grant such relief upon a showing that the respondent named in the complaint is or was in violation of the chapter or rules, orders, or conditions.
Upon finding that a person intentionally has violated this chapter, a rule adopted or order issued under it, or any condition of a registration or permit issued under rules adopted under it, the court may assess a civil penalty of not more than one hundred dollars for each day of violation against the person. Seventy-five per cent of any penalties assessed by the court under this division shall be paid to the health district whose board of health brought the complaint, or to the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code if the director of health is carrying out the duties of an unapproved health district in which the violation occurred in accordance with section 3718.07 of the Revised Code, and shall be used for the purposes of this chapter and the rules adopted under it. Twenty-five per cent of any penalties assessed by the court under this division shall be paid to the prosecuting attorney of the county or city director of law, village solicitor, or other chief legal officer of the municipal corporation that prosecuted or brought the action under this division to pay the expenses incurred in bringing the action.
(B) The remedies provided in this chapter are in addition to any other remedies available under law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3718 | Sewage Treatment Systems › Section 3718.99 | Penalty.

Effective:
July 1, 2007
Latest Legislation:
House Bill 231 - 125th General Assembly
Whoever purposely violates section 3718.08 of the Revised Code shall be fined not more than one thousand dollars. Each day of violation is a separate offense. All money collected from fines under this section shall be used to administer and enforce this chapter and rules adopted under it and shall be deposited as follows:
(A) If the violation occurred within a health district that is approved under section 3718.07 of the Revised Code, the money shall be deposited to the credit of the district's special fund created under section 3718.06 of the Revised Code.
(B) If the violation occurred within a health district that is not approved under section 3718.07 of the Revised Code and a contracting district is carrying out the duties of the unapproved health district in accordance with that section, the money shall be deposited to the credit of the contracting district's special fund created under section 3718.06 of the Revised Code.
(C) If the violation occurred within an unapproved health district and the director of health is carrying out the duties of the unapproved health district in accordance with section 3718.07 of the Revised Code, the money shall be deposited in the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.011 | Controlled Substances Definitions for Use in Revised Code.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
As used in the Revised Code:
(A) "Drug of abuse" means any controlled substance as defined in section 3719.01 of the Revised Code, any harmful intoxicant as defined in section 2925.01 of the Revised Code, and any dangerous drug as defined in section 4729.01 of the Revised Code.
(B) "Person with a drug dependency" means any person who, by reason of the use of any drug of abuse, is physically, psychologically, or physically and psychologically dependent upon the use of such drug, to the detriment of the person's health or welfare.
(C) "Person in danger of becoming a person with a drug dependency" means any person who, by reason of the person's habitual or incontinent use of any drug of abuse, is in imminent danger of becoming a person with a drug dependency.
Last updated March 10, 2023 at 12:20 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.012 | Minor May Give Consent to Diagnosis or Treatment of Condition Caused by Drug or Alcohol Abuse.

Effective:
October 1, 1982
Latest Legislation:
House Bill 357 - 114th General Assembly
(A) Notwithstanding any other provision of law, a minor may give consent for the diagnosis or treatment by a physician licensed to practice in this state of any condition which it is reasonable to believe is caused by a drug of abuse, beer, or intoxicating liquor. Such consent shall not be subject to disaffirmance because of minority.
(B) A physician licensed to practice in this state, or any person acting at his direction, who in good faith renders medical or surgical services to a minor giving consent under division (A) of this section, shall not be subject to any civil or criminal liability for assault, battery, or assault and battery.
(C) The parent or legal guardian of a minor giving consent under division (A) of this section is not liable for the payment of any charges made for medical or surgical services rendered such minor, unless the parent or legal guardian has also given consent for the diagnosis or treatment.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.013 | Controlled Substance Analog.

Effective:
December 20, 2012
Latest Legislation:
House Bill 334 - 129th General Assembly
Except as otherwise provided in section 2925.03 or 2925.11 of the Revised Code, a controlled substance analog, to the extent intended for human consumption, shall be treated for purposes of any provision of the Revised Code as a controlled substance in schedule I.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.04 | Sale of Controlled Substances by Category III Licensees.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
(A) A person identified in division (B)(1)(a) of section 4729.52 of the Revised Code who holds a category III license under that section may sell at wholesale controlled substances to any of the following persons and subject to the following conditions:
(1) To another person who holds a category III license issued under section 4729.52 of the Revised Code or to a terminal distributor of dangerous drugs with a category III license issued under section 4729.54 of the Revised Code;
(2) To a person in the employ of the United States government or of any state, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing controlled substances by reason of official duties;
(3) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board the ship or aircraft, when not in port; provided such controlled substances shall be sold to the master of the ship or person in charge of the aircraft only in pursuance of a special official written order approved by a commissioned medical officer or acting assistant surgeon of the United States public health service;
(4) To a person in a foreign country, if the federal drug abuse control laws are complied with.
(B) An official written order for any schedule II controlled substances shall comply with all requirements of the federal drug abuse control laws and rules adopted by the state board of pharmacy. Except as provided in section 3719.05 of the Revised Code or as otherwise specified in rules adopted by the board, each party engaged in the sale of schedule II controlled substances shall maintain all records relating to the order for a period of five years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.062 | Adoption of Rules by Health-Related Licensing Board Regarding Opioid Analgesics.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
As used in this section, "health-related licensing board" means a state board authorized to issue a license to engage in the practice of a licensed health professional authorized to prescribe drugs.
A health-related licensing board may adopt rules limiting the amount of an opioid analgesic that may be prescribed pursuant to a single prescription by an individual licensed by the board. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.063 | Liability for Administration of Naltrexone.

Effective:
March 20, 2019
Latest Legislation:
Senate Bill 119 - 132nd General Assembly
In the absence of gross negligence or intentional misconduct, a person who administers the drug naltrexone by injection, the person's employer, and the facility at which the drug is administered are not liable in any civil action or subject to criminal prosecution or professional discipline for any injury or damage caused by the injection or drug if all of the following conditions are met:
(A) The individual to whom the drug is administered is unable to have it administered as follows:
(1) By a person who routinely administers the drug to the individual;
(2) At the facility at which the drug is routinely administered to the individual;
(3) Under the direction of the drug's prescriber.
(B) The person who administers the drug under this section is legally authorized to administer it by injection but is not the prescriber of the drug or one who routinely administers it to the individual.
(C) The drug is provided to the person who administers it under this section in either of the following ways:
(1) By the individual to whom it is administered;
(2) By the pharmacy that has a record of a prescription for the drug in the name of the individual to whom it is administered.
(D) The person who administers the drug under this section is authorized to do so by that person's employer or the facility at which the drug is administered.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.064 | Prerequisites for Initiation of Medication-Assisted Treatment.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section:
(1) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(2) "Prescriber" means any of the following:
(a) An advanced practice registered nurse who holds a current, valid license issued under Chapter 4723. of the Revised Code and is designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(b) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(c) A physician assistant who is licensed under Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical board, and has been granted physician-delegated prescriptive authority.
(3) "Qualifying practitioner" has the same meaning as in section 303(g)(2)(G)(iii) of the "Controlled Substances Act of 1970," 21 U.S.C. 823(g)(2)(G)(iii), as amended.
(B) Before initiating medication-assisted treatment, a prescriber shall give the patient or the patient's representative information about all drugs approved by the United States food and drug administration for use in medication-assisted treatment. The information must be provided both orally and in writing. The prescriber or the prescriber's delegate shall note in the patient's medical record when this information was provided and make the record available to employees of the board of nursing or state medical board on their request.
If the prescriber is not a qualifying practitioner and the patient's choice is opioid treatment and the prescriber determines that such treatment is clinically appropriate and meets generally accepted standards of medicine, the prescriber shall refer the patient to an opioid treatment program licensed under section 5119.37 of the Revised Code or a qualifying practitioner. The prescriber or the prescriber's delegate shall make a notation in the patient's medical record naming the program or practitioner to whom the patient was referred and specifying when the referral was made.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.08 | Label Required.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in this division, "repackager" and "outsourcing facility" have the same meanings as in section 4729.01 of the Revised Code.
Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager, or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager, or outsourcing facility, as the case may be, shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription shall alter, deface, or remove any label so affixed.
(B) Except as provided in division (C) of this section, when a pharmacist dispenses any controlled substance on a prescription for use by a patient, or supplies a controlled substance to a licensed health professional authorized to prescribe drugs for use by the professional in personally furnishing patients with controlled substances, the pharmacist shall affix to the container in which the controlled substance is dispensed or supplied a label showing the following:
(1) The name and address of the pharmacy dispensing or supplying the controlled substance;
(2) The name of the patient for whom the controlled substance is prescribed and, if the patient is an animal, the name of the owner and the species of the animal;
(3) The name of the prescriber;
(4) All directions for use stated on the prescription or provided by the prescriber;
(5) The date on which the controlled substance was dispensed or supplied;
(6) The name, quantity, and strength of the controlled substance and, if applicable, the name of the distributor or manufacturer.
(C) The requirements of division (B) of this section do not apply when a controlled substance is prescribed or supplied for administration to an ultimate user who is institutionalized.
(D) A licensed health professional authorized to prescribe drugs who personally furnishes a controlled substance to a patient shall comply with division (A) of section 4729.291 of the Revised Code with respect to labeling and packaging of the controlled substance.
(E) No person shall alter, deface, or remove any label affixed pursuant to this section as long as any of the original contents remain.
(F) Every label for a schedule II, III, or IV controlled substance shall contain the following warning:
"Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed."
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.10 | Nuisance.

Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
Premises or real estate, including vacant land, on which a felony violation of Chapter 2925. or 3719. of the Revised Code occurs constitute a nuisance subject to abatement pursuant to Chapter 3767. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.11 | Controlled Substances Forfeited and Destroyed.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
All controlled substances, the lawful possession of which is not established or the title to which cannot be ascertained, that have come into the custody of a peace officer, shall be forfeited pursuant to Chapter 2981. of the Revised Code, and, unless any such section provides for a different manner of disposition, shall be disposed of as follows:
(A) The court or magistrate having jurisdiction shall order the controlled substances forfeited and destroyed. The agency served by the peace officer who obtained or took custody of the controlled substances may destroy them or may send them to the bureau of criminal identification and investigation for destruction by it. A record of the place where the controlled substances were seized, of the kinds and quantities of controlled substances so destroyed, and of the time, place, and manner of destruction, shall be kept, and a return under oath, reporting the destruction, shall be made by the officer who destroys them to the court or magistrate and to the United States director, bureau of narcotics and dangerous drugs.
(B) Upon written application by the department of health, the court or magistrate that ordered the forfeiture of the controlled substances may order the delivery of any of them, except heroin and its salts and derivatives, to the department for distribution or destruction as provided in this section.
(C) Upon application by any hospital within this state that is not operated for private gain, the department of health may deliver any controlled substances that have come into its custody pursuant to this section to the applicant for medicinal use. The department may deliver excess stocks of the controlled substances to the United States director, bureau of narcotics and dangerous drugs, or may destroy the excess stocks.
(D) The department of health shall keep a complete record of all controlled substances received pursuant to this section and of all controlled substances disposed of pursuant to this section, showing all of the following:
(1) The exact kinds, quantities, and forms of the controlled substances;
(2) The persons from whom they were received and to whom they were delivered;
(3) By whose authority they were received, delivered, or destroyed;
(4) The dates of their receipt, delivery, or destruction.
(E) The record required by this section shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic and drug abuse control laws.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.12 | Prosecutor to Report Conviction to Board That Licensed, Certified, or Registered Person.

Effective:
March 22, 2020
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
Unless a report has been made pursuant to section 2929.42 of the Revised Code, on the conviction of a manufacturer, wholesaler, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, terminal distributor of dangerous drugs, pharmacist, pharmacy intern, registered pharmacy technician, certified pharmacy technician, pharmacy technician trainee, dentist, chiropractor, physician, podiatrist, registered nurse, licensed practical nurse, physician assistant, optometrist, or veterinarian of the violation of this chapter or Chapter 2925. of the Revised Code, the prosecutor in the case promptly shall report the conviction to the board that licensed, certified, or registered the person to practice or to carry on business. The responsible board shall provide forms to the prosecutor. Within thirty days of the receipt of this information, the board shall initiate action in accordance with Chapter 119. of the Revised Code to determine whether to suspend or revoke the person's license, certificate, or registration.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.13 | Inspection of Prescriptions, Orders, Records, and Stock.

Effective:
June 29, 2019
Latest Legislation:
House Bill 111 - 132nd General Assembly
Prescriptions, orders, and records, required by Chapter 3719. of the Revised Code, and stocks of dangerous drugs and controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, and employees of the state board of pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by employees of the state medical board for purposes of enforcing Chapters 4730. and 4731. of the Revised Code, employees of the board of nursing for purposes of enforcing Chapter 4723. of the Revised Code, and employees of the department of mental health and addiction services for purposes of section 5119.37 of the Revised Code. No person having knowledge of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.14 | Exemptions.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
(A) A common carrier or warehouse while engaged in lawfully transporting or storing any controlled substance or an employee of a common carrier or warehouse of that nature who is acting within the scope of the employee's employment may control and possess any controlled substance.
(B) Any law enforcement official may purchase, collect, or possess any controlled substance or may offer to sell any controlled substance, or any counterfeit controlled substance as defined in section 2925.01 of the Revised Code, when the purchase, collection, possession, or offer to sell is necessary to do so in the performance of the official's official duties. This division does not permit a law enforcement official to sell any controlled substance in the performance of the official's official duties. A peace officer, as defined in section 3719.141 of the Revised Code, may sell a controlled substance in the performance of the officer's official duties only as provided in that section.
(C) Any employee or agent of a person who is entitled to possession of a controlled substance or whose possession of a controlled substance is for the purpose of aiding any law enforcement official in the official's official duties temporarily may possess any controlled substance.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.15 | Exceptions.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
This chapter and Chapter 2925. of the Revised Code shall not apply, except as specifically provided otherwise in those chapters, to the following cases:
(A) Where a licensed health professional authorized to prescribe drugs administers or personally furnishes, or where a pharmacist sells at retail, any medicinal preparation that contains in thirty milliliters, or if a solid or semisolid preparation, in thirty grams, of any of the following:
(1) Not more than one hundred thirty milligrams of opium;
(2) Not more than sixteen and twenty-five one hundreths milligrams of morphine or of any of its salts;
(3) Not more than sixty-five milligrams of codeine or of any of its salts;
(4) Not more than thirty-two and five-tenths milligrams of dihydrocodeine or any of its salts;
(5) Not more than sixteen and twenty-five one hundreths milligrams of ethylmorphine or any of its salts.
Each preparation specified in divisions (A)(1), (2), (3), (4), and (5) of this section shall in addition contain one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the preparation valuable medicinal qualities other than those possessed by the narcotic drug alone.
(6) Pharmaceutical preparations in solid form containing not more than two and five-tenths milligrams diphenoxylate and not less than twenty-five micrograms atropine sulfate per dosage unit.
(B) Where a licensed health professional authorized to prescribe drugs administers or personally furnishes, or where a pharmacist sells at retail, liniments, ointments, and other preparations, that are susceptible of external use only and that contain narcotic drugs in a combination that prevents the drugs from being readily extracted from the liniments, ointments, or preparations, except that this chapter and Chapter 2925. of the Revised Code shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.
The medicinal preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, personally furnished, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone. The preparation shall be prescribed, personally furnished, administered, compounded, dispensed, and sold in good faith as a medicine, and not for the purpose of evading this chapter or Chapter 2925. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.16 | Dispensing of Excepted Substances.

Effective:
October 26, 1971
Latest Legislation:
House Bill 924 - 109th General Assembly
No person shall dispense or sell, under the exemptions of section 3719.15 of the Revised Code to any one person, or for the use of any one person or animal, any preparation included within such section, when he knows, or can by reasonable diligence ascertain, that such dispensing or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is dispensed or sold, within any forty-eight consecutive hours, with more than two grains of opium, or more than one-half of a grain of morphine or any of its salts, or more than four grains of codeine or any of its salts, or more than two grains of dihydrocodeine or any of its salts, or more than one-half grain of ethylmorphine or any of its salts, or will provide such person or the owner of such animal, within forty-eight consecutive hours, with more than one preparation exempted by the provisions of section 3719.15 of the Revised Code.
No person shall obtain or attempt to obtain, under the exemptions of section 3719.15 of the Revised Code, more than one preparation exempted by the provisions of that section within forty-eight consecutive hours.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.161 | Prohibition Against Altering Substance to Increase Concentration.

Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
No person shall alter any controlled substance from the original compounded form by evaporation or other means to increase the concentration of narcotic drug contained therein. Altered preparations having a greater concentration of schedule V narcotic drug content than specified under provisions of section 3719.15 of the Revised Code, shall be classified as a schedule III narcotic drug.