4729-9-24 Retail and wholesale sales of dangerous drugs on-line.

(A) All persons selling or offering to sell dangerous drugs at retail or wholesale into, out of, or within Ohio must be properly licensed or registered with the Ohio state board of pharmacy as a dangerous drug distributor.

(B) All dangerous drug distributors registered or licensed with the Ohio state board of pharmacy and who sell or offer to sell dangerous drugs at retail or wholesale on the "Internet" to persons located in Ohio or any other state must make such sales only in compliance with all state and federal laws governing the legal distribution of dangerous drugs.

(C) "Internet" sites owned and/or maintained by Ohio registered or licensed dangerous drug distributors must provide the following information to the public on the "Internet" site and no drugs are to be shipped at wholesale or retail except in accordance with Ohio's drug laws:

(1) Name under which the dangerous drug distributor is licensed to do business as in Ohio.

(2) Full address of licensed or registered site.

(3) Name of responsible person as it appears on the dangerous drug distributor license.

(4) Telephone number where responsible person may be contacted.

(5) A list of the states in which the dangerous drug distributor may legally sell prescription drugs at wholesale or retail.

(6) The name, address, and how the drug law enforcement agency may be contacted in each state in which the person is authorized to do business. This may include a link to the drug law enforcement agency's "Internet" site and/or their e-mail address.

(D) Any Ohio licensed or registered dangerous drug distributor requesting personal information from the public by way of the "Internet" site (questionnaire forms or e-mail) must provide for security and confidentiality of the information. This portion of the "Internet" site must also provide information regarding how the personal information will be used, pursuant to all federal and state laws, rules, and regulations, and ensure that such information is not used for purposes not disclosed without the written informed consent of the patient or person submitting personal information.

Effective: 01/01/2009
R.C. 119.032 review dates: 09/26/2008 and 12/01/2013
Promulgated Under: 119.03
Statutory Authority: 3715.69 , 3719.28 , 4729.26
Rule Amplifies: 3719.04 , 3719.05 , 4729.51 , 4729. 551
Prior Effective Dates: 3/1/1999, 1/1/2004