reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.172 | Possession or Sale of Hypodermics.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
(A) Possession of a hypodermic is authorized for the following:
(1) A manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any authorized agent or employee of that manufacturer, distributor, or dealer, in the regular course of business;
(2) A terminal distributor of dangerous drugs, in the regular course of business;
(3) A person authorized to administer injections, in the regular course of the person's profession or employment;
(4) A person, when the hypodermic was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;
(5) A person whose use of a hypodermic is for legal research, clinical, educational, or medicinal purposes;
(6) A farmer, for the lawful administration of a drug to an animal;
(7) A person whose use of a hypodermic is for lawful professional, mechanical, trade, or craft purposes.
(B) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (A) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person's possession from theft or acquisition by any unauthorized person.
(C) No person other than one of the following shall sell or furnish a hypodermic to another person:
(1) A manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees;
(2) A terminal distributor of dangerous drugs;
(3) A person under the direct supervision of a pharmacist;
(4) A licensed health professional authorized to prescribe drugs, acting in the regular course of business and as permitted by law;
(5) An individual who holds a current license, certificate, or registration issued under Title 47 of the Revised Code and has been certified to conduct diabetes education by a national certifying body specified in rules adopted by the state board of pharmacy under section 4729.68 of the Revised Code, but only if diabetes education is within the individual's scope of practice under statutes and rules regulating the individual's profession.
(D) No person shall sell or furnish a hypodermic to another whom the person knows or has reasonable cause to believe is not authorized by division (A) of this section to possess a hypodermic.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.18 | Enforcement Officers - Co-Operation With Agencies.

Effective:
September 20, 1984
Latest Legislation:
House Bill 208 - 115th General Assembly
(A) The state board of pharmacy, its officers, agents, inspectors, and representatives, and all officers within the state, and all prosecuting attorneys, shall enforce Chapters 2925. and 3719. of the Revised Code, except those specifically delegated, and cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to controlled substances.
(B) Nothing in this chapter shall be construed to require the state board of pharmacy to enforce minor violations of Chapters 2925. and 3719. of the Revised Code if the board determines that the public interest is adequately served by a notice or warning to the alleged offender.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.19 | Persons Not Subject to Prosecution.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
No person shall be prosecuted for a violation of this chapter if the person has been acquitted or convicted under the federal drug abuse control laws of the same act or omission which, it is alleged, constitutes a violation of this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.21 | Disposition of Fines and Forfeited Bail.

Effective:
April 6, 2018
Latest Legislation:
Senate Bill 319 - 131st General Assembly
Except as provided in division (C) of section 2923.42, division (B) of section 2923.44, divisions (D)(1), (F), and (H) of section 2925.03, division (D)(1) of section 2925.02, 2925.04, or 2925.05, division (E)(1) of section 2925.11, division (E) of section 2925.13, division (F) of section 2925.36, division (D) of section 2925.22, division (H) of section 2925.23, division (M) of section 2925.37, division (B) of section 2925.42, division (B) of section 2929.18, division (D) of section 3719.99, division (B)(1) of section 4729.65, division (E)(3) of section 4729.99, and division (I)(3) of section 4729.99 of the Revised Code, the clerk of the court shall pay all fines or forfeited bail assessed and collected under prosecutions or prosecutions commenced for violations of this chapter, section 2923.42 of the Revised Code, or Chapter 2925. of the Revised Code, within thirty days, to the executive director of the state board of pharmacy, and the executive director shall deposit the fines into the state treasury to the credit of the occupational licensing and regulatory fund.
Last updated December 21, 2023 at 2:19 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.27 | Inspection and Checking of Files and Records.

Effective:
June 29, 2019
Latest Legislation:
House Bill 111 - 132nd General Assembly
(A) Persons required by Chapter 3719. of the Revised Code to keep files or records shall, upon the written request of an officer or employee designated by the state board of pharmacy, make such files or records available to such officer or employee, at all reasonable hours, for inspection and copying, and accord to such officer or employee full opportunity to check the correctness of such files or records, including opportunity to make inventory of all stocks of controlled substances on hand. No person shall fail to make such files or records available or to accord such opportunity to check their correctness.
(B) Persons required by Chapter 3719. of the Revised Code to keep files or records shall, upon the written request of an employee designated by the director of mental health and addiction services, make such files or records available to the employee for the purpose of section 5119.37 of the Revised Code, at all reasonable hours, for inspection and copying, and accord to such employee full opportunity to check the correctness of such files or records. No person shall fail to make such files or records available or to accord such opportunity to check their correctness.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.28 | Rules for Administration and Enforcement.

Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
(A) The state board of pharmacy, pursuant to Chapter 119. of the Revised Code, shall adopt rules for administration and enforcement of Chapter 3719. of the Revised Code and prescribing the manner of keeping and the form and content of records to be kept by persons authorized to manufacture, distribute, dispense, conduct research in, prescribe, administer, or otherwise deal with controlled substances. Such rules shall be designed to:
(1) Facilitate surveillance of traffic in drugs, to prevent the improper acquisition or use of controlled substances or their diversion into illicit channels;
(2) Aid the state board of pharmacy and state, local, and federal law enforcement officers in enforcing the laws of this state and the federal government dealing with drug abuse and control of drug traffic.
(B) Rules adopted pursuant to this section shall not provide any less stringent requirements with respect to records than the requirements of the federal drug abuse control laws and regulations adopted thereunder. To the extent that records kept under the federal drug abuse control laws and regulations adopted thereunder fulfill requirements for similar records under rules adopted pursuant to this section, compliance with the federal law and regulations shall constitute compliance with the law and rules of this state with respect to such records.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.30 | Prohibition Against Leaving or Depositing Dangerous Drug or Poison on Thoroughfares.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
No person shall leave or deposit dangerous drugs, poisons, or substances containing dangerous drugs or poisons in a common, street, alley, lane, or thoroughfare, or a yard or enclosure occupied by another.
Whoever violates this section shall be liable to the person injured for all damages sustained as a result of leaving or depositing the dangerous drugs, poisons, or other substances.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.31 | Prohibition Against Careless Distribution of Samples Containing Drug or Poison.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall leave, throw, or deposit upon the doorstep or premises owned or occupied by another, or hand, give, or deliver to any person, except in a place where it is kept for sale, a patent or proprietary medicine, preparation, pill, tablet, powder, cosmetic, disinfectant, or antiseptic, or a drug or medicine that contains poison or any ingredient that is deleterious to health, as a sample or for the purpose of advertising.
As used in this section "drug," "medicine," "patent or proprietary medicine," "pill," "tablet," "powder," "cosmetic," "disinfectant," or "antiseptic" includes all remedies for internal or external use.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.32 | Regulating the Sale of Poisons.

Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
No person shall knowingly sell or deliver to any person otherwise than in the manner prescribed by laws, or sell or deliver to a minor under sixteen years of age in the manner prescribed by law but without the written order of an adult, any of the following substances or any poisonous compounds, combinations, or preparations thereof: the compounds and salts of antimony, arsenic, chromium, copper, lead, mercury, and zinc; the concentrated mineral acids; oxalic and hydrocyanic acids and their salts, and carbolic acid; yellow phosphorus; the essential oils of almonds, pennyroyal, tansy, and savin, croton oil, creosote, chloroform, chloral hydrate, and cantharides; aconite, belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, conium, digitalis, hyoscyamus, ignatia, lobelia, nux vomica, opium, physostigma, phytolacca, strophanthus, stramonium, veratum viride, or any of the poisonous alkaloids or alkaloidal salts or other poisonous principles derived from such alkaloids, or other poisonous alkaloids or their salts; or other virulent poison.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.33 | Labeling Poisons.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall sell or deliver to another a substance named in section 3719.32 of the Revised Code without having first learned by due inquiry that such person is aware of the poisonous character of such substance and that it is desired for a lawful purpose; or without plainly labeling "poison," and the names of two or more antidotes therefor, upon the box, bottle, or package containing it; or deliver such substance without recording in a book kept for the purpose, the name thereof, the quantity delivered, the purpose for which it is alleged to be used, the date of its delivery, the name and address of the purchaser, and the name of the dispenser; or fail to preserve said book for five years and submit it at all times for inspection to proper officers of the law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.34 | Provisions Inapplicable.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
Sections 3719.32 and 3719.33 of the Revised Code do not apply to substances sold or delivered upon the order or prescription of a person believed by the seller or deliverer to be a licensed health professional authorized to prescribe drugs.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.35 | Labeling and Recording of Delivery Provisions Exceptions.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
It is not necessary to place a poison label upon, nor record the delivery of, any of the following:
(A) Preparations containing substances named in section 3719.32 of the Revised Code when a single box, bottle, or other package of the bulk of fifteen milliliters or the weight of fifteen grams does not contain more than one adult medicinal dose of any of those substances;
(B) The sulphide of antimony, the oxide or carbonate of zinc, or colors ground in oil and intended for use as paints;
(C) Preparations recommended in good faith for diarrhea or cholera, when each bottle or package is accompanied by specific directions for use and a caution against the habitual use of the preparations;
(D) Liniments or ointments when plainly labeled "for external use only";
(E) Preparations put up and sold in the form of pills, tablets, or lozenges and intended for internal use, when the dose recommended does not contain more than one fourth of an adult medicinal dose of any of the substances named in section 3719.35 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.36 | Board of Pharmacy to Enforce Poison Laws.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
The state board of pharmacy shall enforce sections 3719.30 to 3719.35 of the Revised Code. If the board has information that any of those sections has been violated, it shall investigate, and upon probable cause appearing, shall file a complaint and prosecute the offender.
Fines assessed and collected under prosecutions commenced by the board shall be paid to the executive director of the state board of pharmacy, and by the executive director paid into the state treasury to the credit of the board of pharmacy drug law enforcement fund created by section 4729.65 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.40 | Controlled Substances Included in Schedules by Designated Name.

Effective:
March 22, 2020
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
The controlled substances included or to be included in the schedules established by rule adopted under section 3719.41 or 3719.45 of the Revised Code are included by whatever official, common, usual, chemical, or trade name designated.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.41 | Controlled Substance Schedules.

Effective:
March 22, 2020
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
(A) For purposes of administration, enforcement, and regulation of the manufacture, distribution, dispensing, and possession of controlled substances, the state board of pharmacy shall adopt rules in accordance with Chapter 119. of the Revised Code establishing schedule I, schedule II, schedule III, schedule IV, and schedule V incorporating the five schedules of controlled substances under the federal drug abuse control laws.
The board may include in the schedules any compound, mixture, preparation, or substance that was included in the schedules immediately prior to March 22, 2020, as long as the inclusion does not have the effect of providing less stringent control of the compound, mixture, preparation, or substance than is provided under the federal drug abuse control laws or regulations adopted under those laws.
(B) Except as provided in section 3719.45 of the Revised Code, the board periodically shall update the schedules by rule adopted in accordance with Chapter 119. of the Revised Code to correspond to any change in the federal drug abuse control laws or regulations adopted under those laws, any addition, transfer, or removal by congress or the attorney general of the United States as described in section 3719.43 of the Revised Code, and any addition, transfer, or removal by the board by rule adopted under section 3719.44 of the Revised Code.
(C) Notwithstanding divisions (A) and (B) of this section, the board shall not adopt rules including hemp or a hemp product in a schedule as a controlled substance.
(D) As used in this section, "hemp" and "hemp product" have the same meanings as in section 928.01 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.42 | State Pharmacy Board to Meet Annually.

Effective:
July 22, 1998
Latest Legislation:
Senate Bill 66 - 122nd General Assembly
The state board of pharmacy shall meet in Columbus at least once each fiscal year for the purpose of carrying out its duties under this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.43 | Effect of u.s. Attorney General Addition, Transfer, or Removal of Substance From Schedule.

Effective:
March 22, 2020
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
When congress or, pursuant to the federal drug abuse control laws, the attorney general of the United States adds a compound, mixture, preparation, or substance to a schedule of the federal drug abuse control laws, transfers any of the same between one schedule of the federal drug abuse control laws to another, or removes a compound, mixture, preparation, or substance from the schedules of the federal drug abuse control laws, then such addition, transfer, or removal is automatically effected in the corresponding schedule or schedules established by rule adopted under section 3719.41 of the Revised Code, subject to amendment pursuant to section 3719.44 of the Revised Code.
The state board of pharmacy shall incorporate the addition, transfer, or removal into or from the schedules in its next update of the schedules under section 3719.41 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.45 | Additions to Schedule I by Emergency Rule; Resolution.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
(A)(1) The state board of pharmacy, by emergency rule adopted in accordance with division (G) of section 119.03 of the Revised Code, shall add a previously unscheduled compound, mixture, preparation, or substance to schedule I if the board determines that the compound, mixture, preparation, or substance has no accepted medical use in treatment in this state and poses an imminent hazard to the public health, safety, or welfare.
(2) In determining whether a previously unscheduled compound, mixture, preparation, or substance poses an imminent hazard to the public health, safety, or welfare, the board shall consider all of the following with respect to the compound, mixture, preparation, or substance:
(a) Its actual or relative potential for abuse;
(b) The scope, duration, and significance of that abuse;
(c) The risk it poses to the public health.
(B) If the board determines that a compound, mixture, preparation, or substance meets the criteria specified in division (A) of this section, the board shall determine whether to issue a resolution requesting that the governor issue an order pursuant to division (G) of section 119.03 of the Revised Code. If a resolution is issued, the resolution shall include the full text of the proposed emergency rule and the reasons for the board's determination that the compound, mixture, preparation, or substance meets the criteria specified in division (A) of this section.
(C) The board may utilize a telephone conference call to make the determinations set forth in divisions (A) and (B) of this section.
(D) An emergency rule adopted under this section takes effect as provided in division (G) of section 119.03 of the Revised Code.
(E) Authority to control under this section does not extend to any of the following:
(1) Distilled spirits, wine, or beer, as those terms are defined or used in Chapter 4301. of the Revised Code ;
(2) Dangerous drugs approved by the United States food and drug administration;
(3) Any drug approved by the United States food and drug administration to be lawfully sold over the counter without a prescription.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.61 | Opioid Treatment Programs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Nothing in the laws dealing with drugs of abuse shall be construed to prohibit treatment of persons with narcotic drug dependencies by the continuing maintenance of their dependence through an opioid treatment program licensed and operated in accordance with section 5119.37 of the Revised Code and the rules adopted under that section.
Last updated March 10, 2023 at 12:21 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.70 | Grant of Immunity or Sentencing Consideration to Person Providing Information Necessary to Investigation.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) When testimony, information, or other evidence in the possession of a person who uses, possesses, or trafficks in any drug of abuse appears necessary to an investigation by law enforcement authorities into illicit sources of any drug of abuse, or appears necessary to successfully institute, maintain, or conclude a prosecution for any drug abuse offense, as defined in section 2925.01 of the Revised Code, a judge of the court of common pleas may grant to that person immunity from prosecution for any offense based upon the testimony, information, or other evidence furnished by that person, other than a prosecution of that person for giving false testimony, information, or other evidence.
(B)(1) When a person is convicted of any misdemeanor drug abuse offense, the court, in determining whether to place the person under a community control sanction pursuant to section 2929.25 of the Revised Code, shall take into consideration whether the person truthfully has revealed all information within the person's knowledge concerning illicit traffic in or use of drugs of abuse and, when required, has testified as to that information in any proceeding to obtain a search or arrest warrant against another or to prosecute another for any offense involving a drug of abuse. The information shall include, but is not limited to, the identity and whereabouts of accomplices, accessories, aiders, and abettors, if any, of the person or persons from whom any drug of abuse was obtained or to whom any drug of abuse was distributed, and of persons known or believed to be persons with drug dependencies, together with the location of any place or places where and the manner in which any drug of abuse is illegally cultivated, manufactured, sold, possessed, or used. The information also shall include all facts and circumstances surrounding any illicit traffic in or use of drugs of abuse of that nature.
(2) If a person otherwise is eligible for intervention in lieu of conviction and being ordered to a period of rehabilitation under section 2951.041 of the Revised Code but the person has failed to cooperate with law enforcement authorities by providing them with the types of information described in division (B)(1) of this section, the person's lack of cooperation may be considered by the court under section 2951.041 of the Revised Code in determining whether to stay all criminal proceedings and order the person to a requested period of intervention.
(C) In the absence of a competent and voluntary waiver of the right against self-incrimination, no information or testimony furnished pursuant to division (B) of this section shall be used in a prosecution of the person furnishing it for any offense other than a prosecution of that person for giving false testimony, information, or other evidence.
Last updated March 10, 2023 at 12:21 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.81 | Furnishing Drug Samples.

Effective:
May 17, 2006
Latest Legislation:
Senate Bill 154 - 126th General Assembly
(A) As used in this section, "sample drug" has the same meaning as in section 2925.01 of the Revised Code.
(B) A person may furnish another a sample drug, if all of the following apply:
(1) The sample drug is furnished free of charge by a manufacturer, manufacturer's representative, or wholesale dealer in pharmaceuticals to a licensed health professional authorized to prescribe drugs, or is furnished free of charge by such a professional to a patient for use as medication;
(2) The sample drug is in the original container in which it was placed by the manufacturer, and the container is plainly marked as a sample;
(3) Prior to its being furnished, the sample drug has been stored under the proper conditions to prevent its deterioration or contamination;
(4) If the sample drug is of a type which deteriorates with time, the sample container is plainly marked with the date beyond which the sample drug is unsafe to use, and the date has not expired on the sample furnished. Compliance with the labeling requirements of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance with this section.
(5) The sample drug is distributed, stored, or discarded in such a way that the sample drug may not be acquired or used by any unauthorized person, or by any person, including a child, for whom it may present a health or safety hazard.
(C) Division (B) of this section does not do any of the following:
(1) Apply to or restrict the furnishing of any sample of a nonnarcotic substance if the substance may, under the "Federal Food, Drug, and Cosmetic Act" and under the laws of this state, otherwise be lawfully sold over the counter without a prescription;
(2) Authorize a licensed health professional authorized to prescribe drugs who is a clinical nurse specialist, certified nurse-midwife, certified nurse practitioner, optometrist, or physician assistant to furnish a sample drug that is not a drug the professional is authorized to prescribe.
(3) Prohibit a licensed health professional authorized to prescribe drugs, manufacturer of dangerous drugs, wholesale distributor of dangerous drugs, or representative of a manufacturer of dangerous drugs from furnishing a sample drug to a charitable pharmacy in accordance with section 3719.811 of the Revised Code.
(4) Prohibit a pharmacist working, whether or not for compensation, in a charitable pharmacy from dispensing a sample drug to a person in accordance with section 3719.811 of the Revised Code.
(D) The state board of pharmacy shall, in accordance with Chapter 119. of the Revised Code, adopt rules as necessary to give effect to this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.812 | Qualified Immunity of Sample Drug Donors and Recipients.

Effective:
April 15, 2005
Latest Legislation:
House Bill 454 - 125th General Assembly
The state board of pharmacy; any person that donates a sample drug as permitted under section 3719.811 of the Revised Code; any charitable pharmacy or pharmacist working in a charitable pharmacy that accepts or dispenses sample drugs as permitted under section 3719.811 of the Revised Code; and any licensed health professional authorized to prescribe drugs who accepts delivery of a sample drug on behalf of a charitable pharmacy as permitted under section 3719.811 of the Revised Code shall not, in the absence of bad faith, be subject to any of the following for matters related to donating, accepting, or dispensing sample drugs under section 3719.811 of the Revised Code: criminal prosecution; liability in tort or other civil action for injury, death, or loss to person or property; or professional disciplinary action.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.813 | Qualified Immunity of Sample Drug Manufacturers.

Effective:
April 15, 2005
Latest Legislation:
House Bill 454 - 125th General Assembly
A drug manufacturer shall not, in the absence of bad faith, be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a drug manufactured by the drug manufacturer that is donated by any person as permitted under section 3719.811 of the Revised Code, including but not limited to liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3719 | Controlled Substances › Section 3719.82 | Effect of Child Support Default on License.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the state board of pharmacy shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.012 | Risk Agreement.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
A residential care facility may enter into a risk agreement with a resident or the resident's sponsor. Under a risk agreement, the resident or sponsor and the facility agree to share responsibility for making and implementing decisions affecting the scope and quantity of services provided by the facility to the resident. The facility also agrees to identify the risks inherent in a decision made by a resident or sponsor not to receive a service provided by the facility. A risk agreement is valid only if it is made in writing.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.

Effective:
July 21, 2000
Latest Legislation:
Senate Bill 178 - 123rd General Assembly
Every person who operates a home, as defined in section 3721.01 of the Revised Code, and each county home and district home licensed as a residential care facility shall have available in the home for review by prospective patients and residents, their guardians, or other persons assisting in their placement, each inspection report completed pursuant to section 3721.02 of the Revised Code and each statement of deficiencies and plan of correction completed and made available to the public under Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and any rules promulgated under Titles XVIII and XIX, including such reports that result from life safety code and health inspections during the preceding three years, and shall post prominently within the home a notice of this requirement.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.023 | Party Identified in License Deemed Sole Owner of Business on Premises Leased on or Before 1-1-70.

Effective:
October 29, 1993
Latest Legislation:
Senate Bill 131 - 120th General Assembly
Where a nursing home licensed under this Chapter is operated in a building that was leased pursuant to a written lease agreement entered into on or before January 1, 1970, and where the lease agreement does not expressly determine or state the identity of the party that owns the nursing home business, operating rights, certificate of need, or legal rights associated with ownership and operation of the nursing home beds located in the leased building and does not provide that the lessor retains any rights to the nursing home business that is operated in the leased building, the party identified in the nursing home license in existence on the effective date of this section shall be deemed the sole owner of the nursing home business, operating rights, certificate of need, and legal rights associated with ownership and operation of the nursing home beds and may relocate the nursing home business, beds, or operating rights without the consent of the owner of the real estate in or on which the nursing home is operated. Where a court having jurisdiction over a nursing home has determined prior to July 1, 1993, that the lessee or person in possession of and operating the nursing home owns the operating rights of the nursing home and there is no written lease agreement between the owner of the real estate and the person in possession and operating the nursing home, the director of health shall not grant a certificate of need under sections 3702.51 to 3702.62 of the Revised Code to relocate any of the nursing facility beds or the license from the owner's real estate in or on which the beds are located unless the lessee or person in possession of the facility obtains the voluntary written consent of the owner or sublessor of the real estate to such relocation and meets all other requirements for the relocation of beds as specified in this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.024 | Nursing Facility Recognition Program.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in this section, "nursing facility" has the same meaning as in section 5165.01 of the Revised Code.
The department of health may establish a program of recognition of nursing facilities that provide the highest quality care to residents who are medicaid recipients. The program may be funded with public funds appropriated by the general assembly for the purpose of the program or any funds appropriated for nursing home licensure.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "survey" has the same meaning as in section 5165.60 of the Revised Code.
(B) The department of health shall investigate within ten working days after referral, in accordance with procedures and criteria to be established by the department of health and the department of aging, any unresolved complaint that the office of the state long-term care ombudsman has investigated and found to be valid and refers to the department of health. This requirement does not supersede federal requirements for survey agency complaint investigations.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.03 | Enforcement of Provisions - Revocation of License.

Effective:
December 22, 2015
Latest Legislation:
House Bill 340 - 131st General Assembly
(A) As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code.
(B) The director of health shall enforce the provisions of sections 3721.01 to 3721.13 and 3721.99 of the Revised Code and may issue orders to secure compliance with the provisions of these sections and the rules adopted under them. The director may hold hearings, issue subpoenas, compel testimony, and make adjudications.
The director may issue an order revoking a license in the event the director finds, upon hearing or opportunity afforded pursuant to Chapter 119. of the Revised Code, that any of the following apply to a person, county home, or district home licensed under section 3721.07 of the Revised Code:
(1) Has violated any of the provisions of Chapter 3721. of the Revised Code or rules adopted by the director under it;
(2) Has violated any order issued by the director;
(3) Is not, or any of its principals are not suitable, morally or financially to operate such an institution;
(4) Is not furnishing humane, kind, and adequate treatment and care;
(5) Has had a long-standing pattern of violations of this chapter or the rules adopted under it that has caused physical, emotional, mental, or psychosocial harm to one or more residents.
Upon the issuance of any order of revocation, the person whose license is revoked, or the county home or district home that has its license revoked, may appeal in accordance with Chapter 119. of the Revised Code.
(C) Once the director notifies a person, county home, or district home licensed to operate a home that the license may be revoked or issues any order under this section, the person, county home, or district home shall not assign or transfer to another person or entity the right to operate the home, unless the notice or order is issued solely because the home has already closed or ceased operations. This prohibition shall remain in effect until proceedings under Chapter 119. of the Revised Code concerning the order or license revocation have been concluded or the director notifies the person, county home, or district home that the prohibition has been lifted.
If a license is revoked under this section, the former license holder shall not assign or transfer or consent to assignment or transfer of the right to operate the home. Any attempted assignment or transfer to another person or entity is void.
On revocation of a license, the former licensee shall take all necessary steps to cease operation of the home.
The director of health shall not accept a certificate of need application under section 3702.52 of the Revised Code regarding a home if the license to operate the home has been revoked under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The state fire marshal shall enforce all statutes and rules pertaining to fire safety in homes and shall adopt rules pertaining to fire safety in homes as the marshal determines necessary. The rules adopted by the marshal shall be in addition to those fire safety rules that the board of building standards and the director of health are empowered to adopt. In the event of a dispute between the marshal and another officer having responsibilities under sections 3721.01 to 3721.09 of the Revised Code with respect to the interpretation or application of a specific fire safety statute or rule, the interpretation of the marshal shall prevail.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.041 | Vaccinations to Be Offered to Residents.

Effective:
March 21, 2017
Latest Legislation:
Senate Bill 311 - 131st General Assembly
(A) As used in this section:
(1) "Advisory committee" means the advisory committee on immunization practices of the United States centers for disease control and prevention or a successor committee or agency.
(2) "Home" has the same meaning as in section 3721.01 of the Revised Code.
( 3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(B) (1) Each home shall, on an annual basis, offer to each resident, in accordance with guidelines issued by the advisory committee, vaccination against influenza, unless a physician has determined that vaccination of the resident is medically inappropriate. The vaccine shall be of a form approved by the advisory committee for that calendar year. A resident may refuse vaccination.
(2) Each home shall obtain the influenza vaccine information sheet described in section 3701.138 of the Revised Code and post the sheet in a conspicuous location that is accessible to all residents, employees, and visitors. Not later than the first day of August each year, the home shall determine whether the information sheet it has posted is the most recent version available. If it is not, the home shall replace the information sheet with the updated version. Nothing in this division requires an older adult to be vaccinated against influenza.
Failure to comply with the requirement to post the information sheet shall not be taken into account when any survey or inspection of the home is conducted and shall not be used as the basis for imposing any penalty against the home.
(C) Each home shall offer to each resident, in accordance with guidelines issued by the advisory committee, vaccination against pneumococcal pneumonia, unless the resident has already received such vaccination or a physician has determined that vaccination of the resident is medically inappropriate. Each vaccine shall be of a form approved by the advisory committee for that calendar year. A resident may refuse vaccination.
(D) The director of health may adopt rules under Chapter 119. of the Revised Code as the director considers appropriate to implement this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.042 | Excluded Grounds for Denial of License.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of health may not deny a nursing home license to a facility seeking a license under this chapter as a nursing home on the grounds that the facility does not satisfy a requirement established in rules adopted under section 3721.04 of the Revised Code regarding the toilet rooms and dining and recreational areas of nursing homes if all of the following requirements are met:
(A) The facility seeks a license under this chapter because it is a county home or district home being sold under section 5155.31 of the Revised Code to a person who may not operate the facility without a nursing home license under this chapter.
(B) The requirement would not have applied to the facility had the facility been a nursing home first licensed under this chapter before October 20, 2001.
(C) The facility was a nursing facility, as defined in section 5165.01 of the Revised Code, on the date immediately preceding the date the facility is sold to the person seeking the license.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.05 | Operating Home Requires License - Prohibited Activities.

Effective:
June 30, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
No person, firm, partnership, association, or corporation shall:
(A) Operate a home as defined in section 3721.01 of the Revised Code without obtaining a license from the director of health;
(B) Violate any of the conditions or requirements necessary for licensing after the license has been issued;
(C) Operate a home after the license for such has been revoked by the director of health;
(D) Interfere with the inspection of a licensed home by any state or local official when he is performing duties required of him by Chapter 3721. of the Revised Code. All licensed homes shall be open for inspection.
(E) Violate any of the provisions of Chapter 3721. of the Revised Code or any rules and regulations adopted pursuant thereto.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.051 | County or District - Prohibited Activities.

Effective:
July 21, 2000
Latest Legislation:
Senate Bill 178 - 123rd General Assembly
No county home or district home licensed under section 3721.07 of the Revised Code shall do any of the following:
(A) Violate any of the conditions or requirements necessary for licensing after the license has been issued;
(B) Continue operation after its license has been revoked by the director of health;
(C) Fail to be open for an inspection, or interfere with an inspection, by a state or local official performing inspection duties under Chapter 3721. of the Revised Code;
(D) Violate any of the provisions of this chapter or any rules adopted thereunder.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.

Effective:
October 20, 1965
Latest Legislation:
House Bill 710 - 106th General Assembly
No public official or employee shall place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in any home as defined in section 3721.01 of the Revised Code which is being operated without a license from the director of health or from a political subdivision certified pursuant to section 3721.09 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3721 | Nursing Homes; Residential Care Facilities › Section 3721.071 | Home Must Be Equipped With Both Automatic Fire Extinguishing and Fire Alarm Systems.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The buildings in which a home is housed shall be equipped with both an automatic fire extinguishing system and fire alarm system. Such systems shall conform to standards set forth in the regulations of the board of building standards and the state fire marshal.
The time for compliance with the requirements imposed by this section shall be January 1, 1975, except that the date for compliance with the automatic fire extinguishing requirements is extended to January 1, 1976, provided the buildings of the home are otherwise in compliance with fire safety laws and regulations and:
(A) The home within thirty days after August 4, 1975, files a written plan with the state fire marshal's office that:
(1) Outlines the interim safety procedures which shall be carried out to reduce the possibility of a fire;
(2) Provides evidence that the home has entered into an agreement for a fire safety inspection to be conducted not less than monthly by a qualified independent safety engineer consultant or a township, municipal, or other legally constituted fire department, or by a township or municipal fire prevention officer;
(3) Provides verification that the home has entered into a valid contract for the installation of an automatic fire extinguishing system or fire alarm system, or both, as required to comply with this section;
(4) Includes a statement regarding the expected date for the completion of the fire extinguishing system or fire alarm system, or both.
(B) Inspections by a qualified independent safety engineer consultant or a township, municipal, or other legally constituted fire department, or by a township or municipal fire prevention officer are initiated no later than sixty days after August 4, 1975, and are conducted no less than monthly thereafter, and reports of the consultant, fire department, or fire prevention officer identifying existing hazards and recommended corrective actions are submitted to the state fire marshal, the division of industrial compliance in the department of commerce, and the department of health.
It is the express intent of the general assembly that the department of medicaid shall terminate the medicaid provider agreements of those homes that do not comply with the requirements of this section for the submission of a written fire safety plan and the deadline for entering into contracts for the installation of systems.