Chapter 4729-14 Animal Shelters

4729-14-01 Definitions.

As used in Chapter 4729-14 of the Administrative Code:

(A) "Animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter 955. of the Revised Code.

(B) "Controlled substance" has the same meaning as in section 4729.01 of the Revised Code.

(C) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code and in rule 4729-9-01 of the Administrative Code.

(D) "D.E.A." means the federal drug enforcement administration.

(E) "Euthanasia technician" is an individual that has successfully completed a euthanasia certification course, the curriculum of which has been approved by the veterinary medical licensing board pursuant to section 4729.532 of the Revised Code, and is in possession of a certificate which documents the successful completion of the certification course.

(F) "Registered veterinary technician" has the same meaning as given that term in section 4741.01 of the Revised Code.

(G) "Registration numbers" means the numbers assigned to each person registered under the federal drug abuse control laws and/or Chapter 4729. of the Revised Code.

(H) "Responsible person" means the individual designated by the licensee as the person who will maintain supervision and control over the possession and custody of the dangerous drugs that may be acquired and utilized by the licensee.

Replaces: 4729-14-01

Effective: 01/01/2009
R.C. 119.032 review dates: 12/01/2013
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.01
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994

4729-14-02 Procedure for licensure as an animal shelter.

(A) A person, as defined in division (S) of section 4729.01 of the Revised Code, desiring to be licensed by the state board of pharmacy as an animal shelter shall file with the state board of pharmacy a completed application containing information relative to the qualifications for approval as set forth in rule 4729-14-03 of the Administrative Code.

(B) The state board of pharmacy shall issue a limited terminal distributor of dangerous drugs license, pursuant to sections 4729.531 and 4729.532 of the Revised Code, at the establishment or place described in the application to each person who has submitted an application and has paid the required license fee if the board determines that such applicant meets the requirements set forth in Chapter 4729-14 of the Administrative Code.

(C) All licenses issued pursuant to this rule shall be effective for a period of twelve months from the first day of January of each year. A license shall be renewed by the state board of pharmacy for a like period, annually, according to the provisions of this rule, and the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code.

(D) The fee required for issuance of the license shall be the same as that required in section 4729.54 of the Revised Code.

(E) A person desiring to renew the license shall submit a completed application for such renewal and pay the required fee on or before the thirty-first day of December each year.

(F) The state board of pharmacy, within thirty days after receipt of a complete application filed in the form and manner set forth in this rule for the issuance of a new or renewal license, shall notify the applicant whether or not such license will be issued or renewed. If the board determines that such license will not be issued or renewed, such notice to the applicant shall set forth the reason or reasons that such license will not be issued or renewed.

R.C. 119.032 review dates: 04/03/2014 and 04/03/2019
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.531 , 4729.532 , 4729.54 , 4729.55
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994, 3/1/1999, 1/1/2004

4729-14-03 Qualifications for licensure as an animal shelter.

(A) No license shall be issued to an applicant for licensure as a limited terminal distributor of dangerous drugs unless the applicant has furnished satisfactory proof to the board of pharmacy that:

(1) The applicant is equipped as to land, buildings, and equipment to properly carry on the business of a terminal distributor of dangerous drugs within the category of license requested.

(2) A responsible person shall maintain supervision and control over the possession and custody of such dangerous drugs that may be acquired by or on behalf of the applicant.

(3) Adequate safeguards are assured to prevent the illegal acquisition, distribution, or utilization of dangerous drugs or their diversion into illicit channels.

(4) If the applicant, or any agent or employee of the applicant, has been found guilty of violating section 4729.51 of the Revised Code, the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C. 301 , the Federal Narcotic Law, sections 3715.01 to 3715.72 of the Revised Code, Chapter 2925., 3719., or 4729. of the Revised Code, or any rule of the board, adequate safeguards are assured to prevent the recurrence of such violation.

(B) The applicant shall submit a current copy of the renewal certificate for each registered veterinary technician.

(C) The applicant shall submit a copy of each euthanasia technician's certificate. This certificate shall document that that individual successfully completed a certification course as described in section 4729.532 of the Revised Code.

(D) The notarized drug list required by section 4729.54 shall include the statement: "The drug(s) listed on this document will be purchased and stored at this location for the sole purpose of the performance of euthanasia on animals by registered veterinary technicians or euthanasia technicians pursuant to section 4729.531 and 4729.532 of the Revised Code." This statement shall be signed by the responsible person and at least one registered veterinary technician or euthanasia technician.

R.C. 119.032 review dates: 04/03/2014 and 04/03/2019
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51 , 4729.531 , 4729.532 , 4729.54 , 4729.55
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994

4729-14-04 Records of dangerous drugs.

(A) Each limited terminal distributor of dangerous drugs shall keep records in accordance with rules 4729-9-14 and 4729-9-22 of the Administrative Code.

(B) Destruction of controlled substances shall be conducted in accordance with rule 4729-9-06 of the Administrative Code.

R.C. 119.032 review dates: 04/03/2014 and 04/03/2019
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51 , 4729.531 , 4729.532 , 4729.54 , 4529.55
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994

4729-14-05 Security controls for animal shelters.

(A) Areas designated for the storage of dangerous drugs shall meet the security requirements in paragraph (B) of rule 4729-9-11 of the Administrative Code.

(B) Controlled substances shall be stored in a securely locked and substantially constructed cabinet.

(C) The responsible person shall notify the board of pharmacy and local law enforcement authorities of the theft or significant loss of any dangerous drug immediately upon discovery of such theft or loss. If the drug is a controlled substance, the responsible person shall also notify the regional office of the federal D.E.A. in his region pursuant to rule 4729-9-15 of the Administrative Code.

R.C. 119.032 review dates: 04/03/2014 and 04/03/2019
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51 , 4729.531 , 4729.532 , 4729.54 , 4729.55
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994, 1/1/2004

4729-14-06 Responsible person for an approved animal shelter.

(A) An individual shall be the responsible person for no more than one such location except with written permission from the board. A written request shall be submitted outlining the circumstances requiring an individual to be responsible for more than one location and the period of time during which the circumstances will exist. An individual shall not be designated the responsible person for a location unless that person shall be physically present in the facility a sufficient amount of time to provide supervision and control.

(B) The responsible person whose name appears on the limited terminal distributor of dangerous drugs license shall sign the license and shall maintain the license in a readily available place in the principal location of the business.

(C) The responsible person is responsible for maintaining adequate supervision and control over the dangerous drugs acquired, utilized, or administered by the approved animal shelter and is responsible for maintaining all required records.

(D) If there is a change in the responsible person, the board of pharmacy shall be notified within thirty days thereof of the date of change and the name of the new responsible person.

(1) This notice to the board of pharmacy shall be made by completing, signing, and returning the form supplied by the board by regular mail or by verified facsimile transmission.

(2) Included with this notice to the board shall be a notarized drug list prepared pursuant to paragraph (D) of rule 4729-14-03 of the Administrative Code.

(3) A complete inventory of the controlled substances on hand shall be taken, pursuant to federal regulations, with the new responsible person. The new responsible person shall be responsible for completing and maintaining this inventory record at the site of the terminal distributor of dangerous drugs.

Effective: 01/01/2009
R.C. 119.032 review dates: 09/26/2008 and 12/01/2013
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51 , 4729.531 , 4729.532 , 4729.54 , 4729.55
Prior Effective Dates: 8/16/1994 (Emer.), 11/25/1994, 1/1/2004