Chapter 4729-22 Oxygen
Each person, whether located within or outside this state, who sells oxygen in original packages labeled as required by the "federal Food, Drug, and Cosmetic Act" to persons residing in this state, shall obtain a limited category II terminal distributor of dangerous drugs license from the board of pharmacy pursuant to the provisions of sections 4729.54 and 4729.55 of the Revised Code. A person who is a nonresident and is selling medical oxygen at retail to Ohio residents must also comply with the requirements in Chapter 4729-10 of the Administrative Code. This requirement shall not apply to persons already licensed to purchase, possess, and sell unlimited category II dangerous drugs at retail.
Medical oxygen may be sold only at retail to patients pursuant to an order from a prescriber in the course of their professional practice. Medical oxygen may be sold at retail and must be maintained in accordance with Chapters 3715. and 4729. of the Revised Code; rules 4729-9-05, 4729-9-11, 4729-9-12, and Chapter 4729-21 of the Administrative Code; and the "Federal Food, Drug and Cosmetic Act".
All retail sellers of oxygen shall maintain records of purchase of oxygen at wholesale and sale of oxygen at retail for three years at the licensed location for inspection and copying by board of pharmacy agents.
Before making an initial sale of medical oxygen to a patient, the retail seller must have an order issued by a prescriber in the course of the prescriber's professional practice. The order must include the full name and address of the patient, the positive identification of the prescriber, the manually printed, typewritten, electronically generated or preprinted full name and address of the prescriber, the telephone number where the prescriber can be personally contacted during normal business hours, and documentation of need. The prescriber's order may be transmitted electronically to the retail seller. This order must be renewed at least annually.
Five Year Review (FYR) Dates: 10/31/2014 and 01/20/2019
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51, 4729.54, 4729.55
Prior Effective Dates: 8/16/94 (Emer), 11/25/94, 3/31/00, 2/1/05, 1/1/10