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Section 3715.71 | Publication of reports - dissemination of information.

...ems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director or board from collecting, reporting, and illustrating the results of investigations conducted by the director or board.

Section 3715.72 | Administrative procedure - exceptions.

...(A) Sections 3715.01 and 3715.52 to 3715.71, inclusive, of the Revised Code shall be governed by and be administered in accordance with sections 119.01 to 119.13, inclusive, of the Revised Code. (B) Sections 3715.01 and 3715.52 to 3715.71, inclusive, and section 3715.99, of the Revised Code, do not apply when such sections are in conflict with sections 923.41 to 923.55, inclusive, and section 923.99 of the Revised C...

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...

Section 3715.74 | Governor may declare adulterated consumer product emergency.

...product presents a threat to the public health and safety, the governor may declare an adulterated consumer product emergency and make any of the following executive adulterated consumer product emergency orders: (a) That all units of the consumer product be removed from public display by all retailers; (b) That no units of the consumer product be sold or offered for sale during the adulterated consumer product e...

Section 3715.80 | Dietary supplement defined.

...As used in sections 3715.80 to 3715.86 of the Revised Code, "dietary supplement" has the meaning given in the federal "Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 U.S.C.A. 321(ff), as amended.

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.

Section 3715.82 | Adoption of rules.

...The director of agriculture may adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce sections 3715.80 to 3715.86 of the Revised Code. If rules are adopted, the rules shall be no more restrictive than the regulations promulgated under the federal "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, et seq., as amended.

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 ...

Section 3715.84 | Requirements for labeling - misbranding.

...t or dietary ingredient to a disease or health-related condition if all of the following conditions are met: (1) The statement does one of the following: (a) Claims a benefit related to a classical nutrient deficiency disease and discloses the prevalence of the disease in the United States; (b) Describes the role of a nutrient or dietary ingredient intended to affect the structure or function of the human body; (...

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...

Section 3715.86 | Dietary supplement not considered food additive.

...A dietary supplement is not considered a "food additive" within the meaning given in the federal "Food, Drug, and Cosmetic Act," 21 U.S.C.A. 321(s), as amended.

Section 3715.87 | Drug repository program for donated prescription drugs - definitions.

...on 3719.811 of the Revised Code. (3) "Health care facility" has the same meaning as in section 1337.11 of the Revised Code. (4) "Hospital" has the same meaning as in section 3727.01 of the Revised Code. (5) "Nonprofit clinic" means a charitable nonprofit corporation organized and operated pursuant to Chapter 1702. of the Revised Code, or any charitable organization not organized and not operated for profit, tha...

Section 3715.871 | Drugs must be donated at pharmacy, hospital, or nonprofit clinic participating in program.

...(A) Any pharmacy, drug manufacturer, health care facility, or other person or government entity may donate or give prescription drugs to the drug repository program. Any person or government entity may facilitate the donation or gift of drugs to the program. Drugs may be donated or given only at a pharmacy, hospital, or nonprofit clinic participating in the program. (B) Any pharmacy, hospital, or nonprofit clinic m...

Section 3715.872 | Immunity.

...(A) As used in this section, "health care professional" means any of the following who provide medical, dental, or other health-related diagnosis, care, or treatment: (1) Individuals authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; (2) Registered nurses licensed under Chapter 4723. of the Revised Code, includ...

Section 3715.873 | Adoption of rules.

...The state board of pharmacy shall adopt rules governing the drug repository program that establish all of the following: (A) Eligibility criteria for pharmacies, hospitals, and nonprofit clinics to participate in the program, including, in the case of nonprofit clinics, a definition of "underinsured person"; (B) Standards and procedures for accepting, safely storing, and distributing drugs donated or given; (C...

Section 3715.88 | Dangerous drug donation definitions.

...As used in this section and in sections 3715.89 to 3715.92 of the Revised Code: (A) "Expired" has the same meaning as in section 3715.55 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) "Pharm...

Section 3715.89 | Dangerous drug donation requirements.

...(A) Subject to divisions (B) and (C) of this 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...

Section 3715.90 | Pharmacy school acceptance of dangerous drug donations.

...(A) A pharmacy school 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 ...

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.

Section 3715.92 | Immunity of pharmacy school accepting dangerous drugs.

...The state board of pharmacy, 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 f...

Section 3715.99 | Penalty.

...(A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates section 3715.23 or 3715.34 of the Revised Code is guilty of a misdemeanor of the second degree. (D) Whoever violates section 3715.52 or 3715.65 of the Revised Code ...

Section 3716.01 | Labeling of hazardous substances definitions.

...A) "Department" means the department of health. (B) "Director" means the director of health. (C) "Person" includes an individual, partnership, corporation, or association. (D) "Hazardous substance" means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat, or other means, if such substance or mixtur...

Section 3716.02 | Prohibited acts.

...The following acts and the causing thereof are hereby prohibited: (A) The sale or delivery for sale of any misbranded package of a hazardous substance; (B) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to a hazardous substance, if such act is done while the substance is held for sale and which results in the haz...

Section 3716.03 | Director of health - powers and duties.

...The director of health shall: (A) Adopt rules in accordance with Chapter 119. of the Revised Code for the efficient enforcement of section 3716.02 of the Revised Code; (B) Conduct examinations, inspections, and investigations for the purpose of establishing such regulations, through such officers of the department of health or the boards of health, as the director delegates; (C) Designate officers and employ...

Section 3716.04 | Handling of violations not constituting serious danger to public health.

...(A) Whenever the director of health finds or has probable cause to believe that any hazardous substance is misbranded as defined in division (N) of section 3716.01 of the Revised Code, he shall, unless he finds that the article is so misbranded as to constitute a serious danger to the public health, give the manufacturer or distributor, whose name appears on the label, written notice of the suspected violation and an...

Section 3701.75 | Authenticating health care records.

... created by using a pen computer. (3) "Health care record" means any document or combination of documents pertaining to a patient's medical history, diagnosis, prognosis, or medical condition that is generated and maintained in the process of the patient's treatment. (B) All notes, orders, and observations entered into a health care record, including any interpretive reports of diagnostic tests or specific treatmen...

Section 3701.76 | Programs to raise awareness of hazards of nonsteroidal synthetic estrogens - annual report of director.

...(A) The director of health shall establish and maintain a statewide public information campaign on the effects of diethylstilbestrol or other nonsteroidal synthetic estrogens for the purpose of educating the public concerning the potential hazards related to exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens and encouraging persons exposed to diethylstilbestrol or other nonsteroidal synthetic es...

Section 3701.77 | Lupus education and awareness program.

...(A) The department of health may establish, promote, and maintain a lupus education and awareness program with an emphasis on at-risk communities to raise public awareness, educate consumers, and educate and train health professionals, human services providers, and other audiences. (B) The department, in creating and implementing the program, may do all of the following: (1) Provide sufficient staff and appropriate...

Section 3701.771 | Needs assessment regarding lupus.

...(A)(1) The department of health may conduct a needs assessment to identify all of the following: (a) The level of statewide health professional and public awareness about lupus; (b) The existence of lupus education, awareness, and treatment programs and related technical assistance available in the state and nationwide; (c) The lupus-related educational and support service needs of health care providers in t...

Section 3701.772 | Program to award grants for lupus diagnosis, treatment, and therapeutic decision-making.

...(A) The department of health may establish a program to award grants to educate and train physicians, health professionals, and other service providers on the most current, accurate scientific and medical information on lupus diagnosis, treatment, and therapeutic decision-making, including medical best practices for detecting and treating the disease in special populations, risks and benefits of medications, an...

Section 3701.775 | Lupus education and awareness program fund.

...ess program fund. If the department of health establishes the lupus education and awareness program, as authorized under section 3701.77 of the Revised Code, all moneys accepted under division (C) of that section shall be credited to the fund. Money in the fund shall be used solely to administer the lupus education and awareness program.

Section 3701.78 | Commission on minority health.

...reby created the commission on minority health, consisting of twenty-two members. The governor shall appoint to the commission nine members from among health researchers, health planners, and health professionals. The governor also shall appoint two members who are representatives of the lupus awareness and education program. The speaker of the house of representatives shall appoint to the commission two members of t...

Section 3701.79 | Physician, hospital, and department abortion reports.

...4) "Department" means the department of health. (5) "Hospital" means any building, structure, institution, or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and medical or surgical care for three or more unrelated individuals having illness, disease, injury, or deformity, and regularly making available at least clinical laboratory services, diagnostic x-ray serv...

Section 3701.791 | Notice to be posted where abortions performed.

...f serious risk to the life or physical health of the woman from the continuation of the pregnancy necessitating the immediate performance or inducement of an abortion. (B) Except as provided in division (D) of this section, an office or facility at which abortions are performed or induced shall post the notice described in division (C) of this section in a conspicuous location in an area of the office or faci...

Section 3701.792 | Child survival form.

...(A) The director of health shall develop a child survival form to be submitted to the department of health in accordance with division (B) of this section each time a child is born alive after an abortion or attempted abortion. In developing the form, the director may consult with obstetricians, maternal-fetal specialists, or any other professionals the director considers appropriate. The form shall include areas for...

Section 3701.80 | Cooperation for health and sanitary practices of meal preparation and service for type A family child care homes.

...The department of health shall cooperate with the director of children and youth when the director promulgates rules pursuant to Chapter 5104. of the Revised Code governing the health and sanitary practices of meal preparation and service for type A family child care homes, as defined in section 5104.01 of the Revised Code, recommend procedures for inspecting type A family child care homes to determine whether they a...

Section 3701.81 | Exposing others to contagion.

...xposure to the contagion, and to inform health authorities of the existence of the contagion. (C) No person, having charge of a public conveyance or place of public accommodation, amusement, resort, or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measur...

Section 3701.82 | Rules and prohibitions for use of burners or heaters.

...(A) A brazier, salamander, space heater, room heater, furnace, water heater, or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas, or similar fuel, and tending to give off carbon monoxide or other harmful gases: (1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so ...

Section 3701.83 | General operations fund.

...There is hereby created in the state treasury the general operations fund. Moneys in the fund shall be used for the purposes specified in sections 3701.04, 3701.344, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022, 3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 3776.08, and 4769.09 of the Revised Code.

Section 3701.831 | Director to assess operating funds to pay share of department's administrative costs.

...The director of health may assess the operating funds of the department to pay a share of the department's administrative costs. The assessments shall be based on a plan that the director develops. Assessments shall be paid from the funds designated in the plan and credited by means of intrastate transfer voucher to the central support indirect fund which is hereby created in the state treasury. The fund shall be adm...

Section 3701.832 | Department of health medicaid fund.

...n the state treasury the department of health medicaid fund. All funds the department of health receives for the purpose of paying the expenses the department incurs under the medicaid program shall be deposited into the fund. The department shall use the money in the fund to pay the expenses the department incurs under the medicaid program.

Section 3701.834 | Public health emergency preparedness fund.

...reated in the state treasury the public health emergency preparedness fund. All federal funds the department of health receives to conduct public health emergency preparedness and response activities shall be credited to the fund. The department shall use money in the fund to pay expenses related to public health emergency preparedness and response activities.

Section 3701.84 | Plan for reduction of tobacco use.

...(A) The department of health shall prepare a plan to reduce tobacco use by Ohioans, with emphasis on reducing the use of tobacco by youth, minority and regional populations, pregnant women, medicaid recipients, and others who may be disproportionately affected by the use of tobacco. The department shall make copies of the plan available to the public. (B) The plan shall do both of the following: (1) Take into acc...

Section 3701.841 | Tobacco use prevention fund.

... donations received by the director of health for the purposes of the tobacco use prevention fund. All investment earnings of the fund shall be credited to the fund. The treasurer, in consultation with the director, may invest moneys in the fund in accordance with section 135.143 of the Revised Code. Moneys in the fund shall be used to pay outstanding expenses of the former tobacco use prevention and control f...

Section 3701.85 | Automated external defibrillator - requirements for use.

...(A) As used in this section: (1) "Automated external defibrillation" has the same meaning as in section 2305.235 of the Revised Code. (2) "Emergency medical services organization" has the same meaning as in section 4765.01 of the Revised Code. (B) A person as defined under section 1.59 of the Revised Code who possesses an automated external defibrillator shall do both of the following: (1) Encourage expected ...

Section 3701.851 | Development of model emergency action plan.

...The department of health shall develop a model emergency action plan for the use of automated external defibrillators by public and chartered nonpublic schools, youth sports organizations, and sports and recreation locations, as that term is defined in section 755.13 of the Revised Code. The model emergency action plan shall require the plan to be practiced at least quarterly. The department shall develop a procedu...

Section 3701.861 | Laboratory bill for anatomical pathology services.

...s the services; (3) A hospital, public health clinic, or not-for-profit health clinic ordering the services; (4) A referring clinical laboratory; (5) A governmental agency or any person acting on behalf of a governmental agency; (6) A physician who is permitted to bill for the services under division (D) of section 4731.72 of the Revised Code. (B) Nothing in this section shall be construed to do either of th...

Section 3701.87 | Agreement to review proposed capital expenditures by health care facilities.

...vernor may authorize the department of health to enter into an agreement on behalf of the state with the United States secretary of health and human services whereby the department may serve as the agency for review of proposed capital expenditures by health care facilities pursuant to section 1122 of the "Social Security Act" as amended by Public Law 92-603, 42 U.S.C. 1320a-1, and the regulations adopted there...

Section 3701.88 | 340B covered entity reporting requirements.

...ed in section 340B(a)(4) of the "Public Health Service Act," 42 U.S.C. 256b(a)(4). "340B drug" means a covered outpatient drug that has been subject to discount pricing under the 340B drug pricing program and is purchased by a 340B covered entity. "340B drug pricing program" means the federal drug pricing program established under 42 U.S.C. 256b. "Contract pharmacy" means a retail pharmacy under contract with a...

Section 3701.90 | Development of curricula on efficacy-based contraceptives.

...The director of health, with participation from the state medical board and board of nursing, shall collaborate with medical, nursing, and physician assistant schools or programs in this state, as well as medical residency and fellowship programs in this state, to develop and implement appropriate curricula in those schools and programs designed to prepare primary care and women's health care physicians, advanced pra...