Ohio Revised Code Search
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Section 3715.70 | Right of entry - examination of samples.
...house, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold foods, drugs, devices, or cosmetics in commerce, for the following purposes: (1) To inspect the factory, warehouse, establishment, or vehicle to determine if any of the provisions of sections 3715.01 or 3715.52 to 371... |
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Section 3715.72 | Administrative procedure - exceptions.
...ale, or offering for sale, of any food, drug, cosmetic, or device otherwise prohibited by any provision of the Revised Code or by any regulations promulgated pursuant to any provision of the Revised Code; nor do sections 3715.52 to 3715.71, inclusive, of the Revised Code or any regulations thereunder, prohibit the sale or offering for sale, of any food, drug, cosmetic, or device through any outlet where such items ar... |
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Section 3715.73 | Fines or forfeited bonds to be paid into state treasury.
...(A) All fines or forfeited bonds assessed and collected under prosecution by the director of agriculture or prosecution commenced by the director in enforcement of this chapter shall, within thirty days, be paid to the director and by the director paid into the state treasury. (B) All fines or forfeited bonds assessed and collected under prosecution by the state board of pharmacy or prosecution commenced by the boar... |
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Section 3715.74 | Governor may declare adulterated consumer product emergency.
... any medicine, including a prescription drug, that is consumed or used by humans. (3) "Retailer" means a place of business that offers consumer products for sale to the general public. (B)(1) Except as provided in division (C) of this section, if the governor has a reasonable basis to believe that one or more units of a consumer product have been adulterated and that further sale or use of the consumer product pr... |
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Section 3715.80 | Dietary supplement defined.
...the meaning given in the federal "Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 U.S.C.A. 321(ff), as amended. |
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Section 3715.81 | Dietary supplement to be treated as a food.
...For purposes of this chapter, a dietary supplement shall be treated as a food. The director of agriculture shall administer and enforce sections 3715.80 to 3715.86 of the Revised Code and any rules adopted under those sections in accordance with Chapter 3717. of the Revised Code. |
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Section 3715.82 | Adoption of rules.
...ns promulgated under the federal "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, et seq., as amended. |
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Section 3715.83 | Dietary supplement considered to be adulterated.
...In addition to the conditions specified in section 3715.59 of the Revised Code, a dietary supplement is adulterated if it presents a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in its labeling or, if there are no recommended or suggested conditions of use, under the ordinary conditions of use. If the director of agriculture finds or has cause to believe ... |
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Section 3715.84 | Requirements for labeling - misbranding.
...evaluated by the United States food and drug administration. This product is not intended to diagnose, treat, cure, or prevent any disease." (b) In the case of a product manufactured and sold only within the state of Ohio, "This statement has not been evaluated by the Ohio department of agriculture. This product is not intended to diagnose, treat, cure, or prevent any disease." (4) The manufacturer of the dietary s... |
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Section 3715.85 | Publication used in connection with sale to consumers of dietary supplement.
...(A) As used in this section, "publication" includes a book chapter, article, or official abstract of a peer-reviewed scientific article prepared by the article's author or the editors of the publication in which the article is published. (B) A publication used in connection with a sale to consumers of a dietary supplement is not considered part of the label of the dietary supplement if the publication meets all of t... |
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Section 3715.86 | Dietary supplement not considered food additive.
...the meaning given in the federal "Food, Drug, and Cosmetic Act," 21 U.S.C.A. 321(s), as amended. |
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Section 3715.87 | Drug repository program for donated prescription drugs - definitions.
...perated for profit. (6) "Prescription drug" means any drug to which the following applies: (a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend, "Caution: Federal law prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or a... |
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Section 3715.872 | Immunity.
...lated to activities conducted under the drug repository program, all of the following apply: (1) A pharmacy, drug manufacturer, health care facility, or other person or government entity that donates or gives drugs to the program, and any person or government entity that facilitates the donation or gift, shall not be subject to liability in tort or other civil action for injury, death, or loss to person or property... |
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Section 3715.88 | Dangerous drug donation definitions.
...55 of the Revised Code. (B) "National drug code number" means the number registered for a drug pursuant to the listing system established by the United States food and drug administration under the "Drug Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. (C) "Pharmacy school" means a school, college, university, or other educational institution that operates a pharmacy program recognized and appro... |
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Section 3715.89 | Dangerous drug donation requirements.
... section, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of dangerous drugs may donate a dangerous drug, including a dangerous drug that has expired, to a pharmacy school. (B) A dangerous drug donation to a pharmacy school shall meet all of the following requirements: (1) The dangerous drug is not a controlled substance. (2) Each container in which a da... |
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Section 3715.90 | Pharmacy school acceptance of dangerous drug donations.
...l may accept a donation of a dangerous drug if the donation is made in accordance with section 3715.89 of the Revised Code. (B) All of the following apply to a dangerous drug donated to a pharmacy school: (1) The dangerous drug shall be used solely for instructional purposes. (2) The dangerous drug shall not be sold or transferred for consideration of any kind. (3) In accordance with 21 C.F.R. 201.125, the ... |
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Section 3715.91 | Dangerous drug donation implementing rules.
...The state board of pharmacy shall, in accordance with Chapter 119. of the Revised Code, adopt rules as necessary to give effect to sections 3715.89 and 3715.90 of the Revised Code. |
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Section 3715.92 | Immunity of pharmacy school accepting dangerous drugs.
...harmacy, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of dangerous drugs that in good faith donates a dangerous drug under section 3715.89 of the Revised Code, and any pharmacy school that accepts a dangerous drug donation under section 3715.90 of the Revised Code, shall not, in the absence of bad faith, be subject to any of the following for matter... |
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Section 3715.99 | Penalty.
...number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense. |
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Section 4729.02 | State board of pharmacy.
...There shall be a state board of pharmacy, consisting of nine members, eight of whom shall be pharmacists licensed under this chapter, representing to the extent practicable various phases of the practice of pharmacy, and one of whom shall be a public member at least sixty years of age. Members shall be appointed by the governor with the advice and consent of the senate. Terms of office shall be for four years, commen... |
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Section 4729.021 | Licensing and registration of home medical assistance services providers.
...The state board of pharmacy shall license and register home medical equipment services providers under Chapter 4752. of the Revised Code and shall administer and enforce that chapter. |
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Section 4729.03 | Organization.
...ed Code for each day employed in the discharge of their official duties and their necessary expenses while engaged therein. |
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Section 4729.04 | Executive director of board - duties.
...ollars, conditioned for the faithful discharge of the duties of their offices. (F) For purposes of division (A)(25) of section 109.71 of the Revised Code, the executive director shall designate employees of the board to investigate violations of Chapters 2925., 3715., 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder. |
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Section 4729.041 | Amount of salvia divinorum or salvinorin A required for impaired operation.
...The executive director of the state board of pharmacy, as soon as possible after the necessary and appropriate scientific evidence is available and with the board's approval, shall adopt rules that do the following: (A) Specify the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person's urine, in a person's whole blood, or in ... |
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Section 4729.05 | Meetings of board.
...Five of the voting members of the state board of pharmacy shall constitute a quorum. The board shall meet at least once during each quarter of the fiscal year and at such other times and places as the board may direct. The board shall have a seal and prescribe such rules for its own government as it deems proper. |
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Section 4729.281 | Conditions for refill of prescription.
...) A pharmacist may dispense a dangerous drug, other than a schedule II controlled substance as defined in section 3719.01 of the Revised Code, without a prescription from a licensed health professional authorized to prescribe drugs if all of the following conditions are met: (1) The pharmacy at which the pharmacist practices has a record of a prescription for the drug in the name of the patient who is requesting it... |
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Section 4729.282 | Dispensing of drugs pursuant to prescriptions made without examination and EPT prescriptions.
...3 of the Revised Code: (1) Dispense a drug pursuant to the prescription ; (2) Label a drug dispensed pursuant to the prescription without the name of the individual for whom the drug is intended if the prescription contains the words "expedited partner therapy" or the letters "EPT." (B) For each drug dispensed under this section, the pharmacist shall provide all of the following information: (1) Directions ... |
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Section 4729.283 | Dispensing naltrexone without prescription.
...th professional authorized to prescribe drugs if all of the following conditions are met: (1) The pharmacist is able to verify a record of a prescription for the injectable long-acting or extended-release form of naltrexone in the name of the patient who is requesting the drug, but the prescription does not provide for a refill or the time permitted by rules adopted by the state board of pharmacy for providing refi... |
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Section 4729.284 | Pharmacist dispensing nicotine replacement therapy.
... "nicotine replacement therapy" means a drug, including a dangerous drug, that delivers small doses of nicotine to an individual for the purpose of aiding in tobacco cessation or smoking cessation. (B) Subject to division (C) of this section, if use of a protocol that has been developed under this section has been authorized under section 4723.4812 or 4731.90 of the Revised Code, a pharmacist may dispense nicotine... |
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Section 4729.285 | Telehealth services.
...t in the case of dispensing a dangerous drug, a pharmacist shall not use telehealth mechanisms or other virtual means to perform any of the actions involved in dispensing the dangerous drug unless the action is authorized by section 4729.554 of the Revised Code or by the state board of pharmacy through rules it adopts under section 4743.09 of the Revised Code. |
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Section 4729.29 | Exemptions.
...th professional authorized to prescribe drugs who is acting within the prescriber's scope of professional practice; (B) Prevent a prescriber from personally furnishing the prescriber's patients with drugs, within the prescriber's scope of professional practice, that seem proper to the prescriber, as long as the drugs are furnished in accordance with section 4729.291 of the Revised Code; (C) Apply to an individual... |
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Section 4729.291 | Drugs personally furnished by prescriber.
...th professional authorized to prescribe drugs personally furnishes drugs to a patient pursuant to division (B) of section 4729.29 of the Revised Code, the prescriber shall ensure that the drugs are labeled and packaged in accordance with state and federal drug laws and any rules and regulations adopted pursuant to those laws. Records of purchase and disposition of all drugs personally furnished to patients shall be m... |
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Section 4729.292 | On-site inspection of opioid treatment programs.
...The state board of pharmacy shall annually conduct an on-site inspection of each opioid treatment program licensed under section 5119.37 of the Revised Code. |
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Section 4729.30 | Sale of Paris green.
...Sections 4729.27 and 4729.28 of the Revised Code shall not prohibit a person from selling Paris green and other materials or compounds used exclusively for spraying and disinfecting when put up in bottles or boxes, bearing the name of a licensed pharmacist or wholesale dealer, and labeled as required by section 3719.33 of the Revised Code or apply to or interfere with the exclusively wholesale business of a dealer. |
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Section 4729.31 | Exceptions.
...Sections 4729.27 and 4729.28 of the Revised Code shall not apply to, interfere with, or prohibit any person, firm, or corporation from selling completely denatured alcohol or wood alcohol. |
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Section 4729.32 | Requirements for sale of denatured or wood alcohol in five gallon lots or more.
...No person shall have in his possession, or dispense or sell packages or containers of completely denatured alcohol or wood alcohol containing five wine gallons or more without having marked or stenciled thereon the name and address of the seller, the degree of proof of such alcohol, the formula number, and, in letters of not less than one inch in height, the words, "Completely Denatured Alcohol" or "Wood Alcohol," as... |
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Section 4729.33 | Requirements for sale of denatured or wood alcohol in less than five gallon lots.
...No person shall dispense or sell completely denatured alcohol or wood alcohol in packages containing less than five wine gallons without having affixed thereto a label on which is printed or stenciled in plain, legible, red letters of equal prominence on a white background the words, "Completely Denatured Alcohol" or "Wood Alcohol," as the case may be, and in addition on the same label in red ink, under the skull and... |
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Section 4729.34 | Advertising.
...No person shall dispense, sell, or offer for sale completely denatured alcohol or wood alcohol, or shall display a sign or use a label or advertise such alcohol having the word "pure" or the single word "alcohol" alone thereon, or shall fail to state the degree of proof of such alcohol, or to have the letters displaying or advertising "Completely Denatured Alcohol" or "Wood Alcohol" plain, legible, and of equal promi... |
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Section 4729.35 | Violations deemed public nuisance.
...rmacy controlling the distribution of a drug of abuse as defined in section 3719.011 of the Revised Code or the commission of any act set forth in division (A) of section 4729.16 of the Revised Code, is hereby declared to be inimical, harmful, and adverse to the public welfare of the citizens of Ohio and to constitute a public nuisance. The attorney general, the prosecuting attorney of any county in which the offense... |
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Section 4729.36 | Advertisements.
... as a terminal distributor of dangerous drugs and no person except a licensed pharmacist shall knowingly display any sign or advertise in any fashion using the words "pharmacy," "drugs," "drug store," "drug store supplies," "pharmacist," "druggist," "pharmaceutical chemist," "drug sundries," or "medicine" or knowingly use any equivalent of those words in any manner that would lead or tend to lead the public to believ... |
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Section 4729.361 | Disclosing price information.
...(A) A retail seller of dangerous drugs shall disclose price information regarding dangerous drugs to any person requesting such information. (B) Pursuant to division (A) of this section, a retail seller of dangerous drugs shall disclose price information in the following ways: (1) By means of verbal disclosure on the premises of the retail seller to all persons requesting such information; (2) By means of telephon... |
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Section 4729.37 | Filling prescriptions - records.
...A copy of an original prescription may only be filled in accordance with the rules and regulations adopted by the state board of pharmacy. Prescriptions received electronically or by word of mouth, telephone, telegraph, or other means of communication shall be recorded in writing by the pharmacist and the record so made by the pharmacist shall constitute the original prescription to be filled by the pharmacist. All ... |
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Section 4729.38 | Selecting generically equivalent drugs or interchangeable biological products.
...d dosage form," "generically equivalent drug," and "interchangeable biological product" have the same meanings as in section 3715.01 of the Revised Code. (B) Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug prescribed by its brand name may, subject to the following conditions, select a generically equivalent drug, or, in the cas... |
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Section 4729.381 | Licensed pharmacist - immunity.
...cution arising from the dispensing of a drug based upon a formulary established by a hospital, a health insuring corporation, a long-term care facility, or the department of rehabilitation and corrections and requiring the pharmacist to dispense the particular drug. |
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Section 4729.382 | Pharmacist's authority to dispense an epinephrine autoinjector by substitution.
... approved by the United States food and drug administration; and it has not been excluded from recognition as a pharmaceutical equivalent form of epinephrine by rules adopted under division (H) of this section. (C) All of the following conditions apply with respect to a pharmacist's authority to dispense an epinephrine autoinjector by substitution: (1) The pharmacist shall not make the substitution if the person ... |
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Section 4729.39 | Consult agreement with physicians.
...nt relationship with each patient whose drug therapy is to be managed. (2) The diagnosis for which each patient has been prescribed drug therapy must be within the scope of each practitioner's practice. (3) Each pharmacist must have training and experience related to the particular diagnosis for which drug therapy is to be prescribed. (D) With respect to consult agreements, all of the following apply: (1) Und... |
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Section 4729.391 | Adding drug delivery devices to a prescription.
...(A) A pharmacist may modify a drug's prescription to also include a drug delivery device, if the pharmacist determines that the device is necessary for the drug's administration. (B) The state board of pharmacy may adopt rules to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. (C) For purposes of reimbursement under the terms of a health benefit plan by a he... |
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Section 4729.40 | Authority for pharmacists to convert prescriptions authorizing refills under certain circumstances.
...ase of a prescription that authorizes a drug to be dispensed by refilling the prescription one or more times and the total quantity or amount of the drug that may be dispensed by filling and refilling the prescription does not exceed a ninety-day supply of the drug, a pharmacist who is filling or refilling the prescription may dispense a quantity or amount of the drug that varies from the quantity or amount of the dr... |
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Section 4729.41 | Authority to administer immunizations.
...(A)(1) A pharmacist licensed under this chapter who meets the requirements of division (B) of this section, a pharmacy intern licensed under this chapter who meets the requirements of division (B) of this section and is working under the direct supervision of a pharmacist who meets the requirements of that division, and a certified pharmacy technician or a registered pharmacy technician who meets the requirements of ... |
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Section 4729.42 | Authority to order, administer COVID-19 diagnostic tests.
...(A) A pharmacist may order and administer diagnostic tests for COVID-19 and tests for COVID-19 antibodies. (B) Both of the following may, under the direct supervision of a pharmacist, administer diagnostic tests for COVID-19 and tests for COVID-19 antibodies: (1) A pharmacy intern; (2) A certified pharmacy technician. |