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Section 3715.50 | Overdose reversal drugs definitions.

...tive authority. (7) "Certified mental health assistant" means an individual who is licensed under Chapter 4772. of the Revised Code and has been granted physician-delegated prescriptive authority. (B) Notwithstanding any conflicting provision of the Revised Code, any person or government entity may purchase, possess, distribute, dispense, personally furnish, sell, or otherwise obtain or provide an overdose revers...

Section 3715.501 | Overdose reversal drugs prescribed or furnished without examination.

...e registered nurse, or certified mental health assistant may issue a prescription for an overdose reversal drug, or personally furnish a supply of the drug, without having examined the individual to whom it may be administered. The physician, physician assistant, advanced practice registered nurse, or certified mental health assistant exercising this authority shall provide, to the individual receiving the prescripti...

Section 3715.502 | [Former R.C. 4729.44, amended and renumbered by H.B. 558, 134th General Assembly, effective 4/6/2023] Protocols authorizing pharmacists, pharmacy interns to dispense overdose reversal drugs.

...e registered nurse, or certified mental health assistant may authorize one or more pharmacists and any of the pharmacy interns supervised by the one or more pharmacists to use a protocol developed pursuant to rules adopted under this section for the purpose of dispensing overdose reversal drugs. If use of the protocol has been authorized, a pharmacist or pharmacy intern may dispense overdose reversal drugs without a ...

Section 3715.503 | Protocols to authorize personally furnishing overdose reversal drugs.

...e registered nurse, or certified mental health assistant may elect to establish a protocol authorizing any individual to personally furnish a supply of an overdose reversal drug to another individual pursuant to the protocol. A person authorized to personally furnish an overdose reversal drug pursuant to the protocol may do so without having examined the individual to whom the drug may be administered. (B) A protoc...

Section 3715.504 | Administering overdose reversal drugs.

...(A) In the case of an individual who is not otherwise authorized under the Revised Code to administer drugs, the individual may administer an overdose reversal drug under this section. This authority may be exercised by any individual who is in a position to assist another individual who is apparently experiencing an opioid-related overdose. (B) An individual who administers an overdose reversal drug under the auth...

Section 3715.505 | [Former R.C. 4765.44, amended and renumbered by H.B. 558, 134th General Assembly, effective 4/6/2023] Disclosure to law enforcement agency related to administration of overdose reversal drug.

...(A) As used in this section: (1) "Emergency medical service personnel," "firefighter," and "volunteer firefighter" have the same meanings as in section 4765.01 of the Revised Code. (2) "Law enforcement agency" means a government entity that employs peace officers to perform law enforcement duties. (3) "Peace officer" has the same meaning as in section 2921.51 of the Revised Code. (B)(1) Upon request of a law ...

Section 3715.52 | Prohibited acts.

...ply to a person who keeps available for public inspection an identification card identifying the person as an authorized representative of the manufacturer or distributor of any drug, cosmetic, or device, as long as the card is not false, fraudulent, or fraudulently obtained. (3) Division (B)(1)(c) of this section does not apply to a person or governmental entity that is licensed as a retail food establishment or fo...

Section 3715.521 | Prohibition against sale or delivery of expired drug, infant formula or baby food.

...No person shall sell, offer for sale, or deliver at retail or to the consumer, any of the following: (A) Any drug after the expiration date required by 21 C.F.R. 211.137 except pursuant to sections 3715.88 to 3715.92 of the Revised Code; (B) Any infant formula after the "use by" date required by 21 C.F.R. 107.20; (C) Any baby food after any expiration date, "use by" date, or sale date required by state or fed...

Section 3715.53 | Injunctions.

...In addition to the remedies provided and irrespective of whether or not there exists an adequate remedy at law, the director of agriculture or the state board of pharmacy is hereby authorized to apply to the court of common pleas in the county wherein any of the provisions of section 3715.52 of the Revised Code are being violated for a temporary or permanent injunction restraining any person from committing the viola...

Section 3715.54 | Exceptions to liability.

...(A) No person shall be subject to the penalties prescribed in section 3715.99 of the Revised Code for violating division (A)(1) or (3) of section 3715.52 of the Revised Code if the person established a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom the person received in good faith the article, to the effect that the article is not adulterated or...

Section 3715.55 | Notice of adulteration, misbranding, or expiration.

...safe, the articles are declared to be a nuisance, and the director shall forthwith condemn or destroy the articles, or in any other manner render the articles unsalable as human food.

Section 3715.551 | Embargo of food.

...(A) As used in this section, "board of health," "retail food establishment," and "food service operation" have the same meanings as in section 3717.01 of the Revised Code. (B) The embargoing of a food may be performed by a board of health approved under section 3717.11 of the Revised Code to serve as the licensor of retail food establishments or food service operations, the director of health acting under section 37...

Section 3715.56 | Attorney general, prosecuting attorney or city director of law to institute proceedings and prosecutions.

...The attorney general, prosecuting attorney, or city director of law to whom the director of agriculture or the state board of pharmacy reports any violation of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, shall cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. The director of agriculture, before reporting any violation...

Section 3715.57 | Written notice or warning for minor violations sufficient.

...the director or board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

Section 3715.59 | When food is adulterated.

...bstance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated if the quantity of the substance in the food does not ordinarily render it injurious to health. (B) It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of section 3715.62 of the Revised Code. (C) It consists in whole o...

Section 3715.60 | Misbranded food.

...Food is misbranded within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if: (A) Its labeling is false or misleading in any particular. (B) It is offered for sale under the name of another food. (C) Its container is so made, formed, or filled as to be misleading. (D) It is an imitation of another food, unless its label bears in type of uniform size and promine...

Section 3715.601

...As used in this section and sections 3715.602 to 3715.605 of the Revised Code: (A) "Agricultural food animal" means both of the following: (1) A domesticated animal belonging to the bovine, caprine, ovine, or porcine species; (2) Any type of poultry. (B) "Cultivated-protein food product" means a food having one or more sensory attributes that resemble a type of tissue originating from an agricultural food an...

Section 3715.602

...(A) Food is misbranded as a meat product if all of the following apply: (1) The food is a manufactured-protein food product or the food contains a manufactured-protein food product. (2) The food is offered for sale by a food processing establishment. (3) A label that is part of or placed on the package or other container storing the manufactured-protein food product includes an identifying meat term. (4) The ...

Section 3715.603

...In conducting a routine inspection of the premises of a food processing establishment, the department of agriculture is not required to determine if any food located on the premises is misbranded as a meat product or an egg product pursuant to section 3715.602 of the Revised Code. The department shall inspect an inventory of food offered for sale or sold by a food processing establishment based on a credible compla...

Section 3715.604

...If the department of agriculture has reasonable cause to believe that a food processing establishment is selling food that is misbranded as a meat product or an egg product in violation of section 3715.602 of the Revised Code, section 3715.55 of the Revised Code applies to the food.

Section 3715.605

...(A) Any person who violates section 3715.602 of the Revised Code shall pay a civil penalty of not more than ten thousand dollars for each violation, to be paid into the state treasury to the credit of the general revenue fund. Each day that a violation continues constitutes a separate offense. The attorney general, upon written request by the director of agriculture, shall bring an action for such a penalty against a...

Section 3715.61 | Director of agriculture - powers regarding permits.

...ime, as may be necessary to protect the public health; and after the effective date of such regulations, and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the director as provided by such rules....

Section 3715.62 | Unsafe food.

...necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of division (B) of section 3715.59 of the Revised Code. While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance,...

Section 3715.63 | When drug or device is adulterated.

...it may have been rendered injurious to health. (3) It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health. (4) It is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under authority of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 104...

Section 3715.64 | Misbranded drug or device.

...ar drug or device to protect the public health, the director shall adopt rules exempting the drug or device from the requirement; (b) Adequate warnings against use in those pathological conditions or by children when its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, presented in a manner and form as necessary for the protection of users. (8) It pur...

Section 5122.341 | Immunity from liability.

...mmitted to the department of behavioral health under sections 2945.37 to 2945.402 of the Revised Code, any entity in which the department of behavioral health places such a person. (2) "Person committed to the department" means a person committed to the department of behavioral health under sections 2945.37 to 2945.402 of the Revised Code. (B) No member of a board of directors, or employee, of a facility or provi...

Section 5122.35 | Venue.

...(A) In a case in which the jurisdiction of a court has not been specifically given or the procedure provided for, the court in the county in which a person alleged to be mentally ill is found shall have full, complete, and general jurisdiction to make disposition of such person in accordance with the procedure prescribed by Chapter 5122. of the Revised Code. (B) When an affidavit is filed in the court as provided in...

Section 5122.36 | Expenses of return to county of residence.

...eferred to the department of behavioral health for investigation and determination.

Section 5122.38 | Competency adjudications.

...Each individual now or formerly hospitalized pursuant to this chapter or former Chapter 5123. of the Revised Code, is entitled to an adjudication of competency or incompetency or termination of guardianship upon written request by any such individual, his guardian, or the chief clinical officer to the probate court. The court, on its own motion, may initiate such a hearing. Upon filing of such application, or on the...

Section 5122.39 | Guardianship of mentally ill persons.

...om which the person is receiving mental health services.

Section 5122.41 | Transmission of court papers.

...The court, upon making an order hospitalizing a person under this chapter, shall immediately transmit to the chief clinical officer of the hospital, copies, under his official seal, of court papers in the case, including the certificate of the medical witnesses and of his findings in the case. Upon hospitalization, the chief clinical officer of the hospital to which the patient is admitted shall take possession of a...

Section 5122.42 | Preservation of rights and privileges.

...Nothing in this chapter limits any rights, privileges, or immunities under the constitution, and laws of the United States or this state.

Section 5122.43 | Payment of costs, fees, and expenses of proceedings - reimbursement.

...e paid as follows: (1) To police and health officers, other than sheriffs or their deputies, the same fees allowed to constables, to be paid upon the approval of the probate judge; (2) To sheriffs or their deputies, the same fees allowed for similar services in the court of common pleas; (3) To physicians or licensed clinical psychologists acting as expert witnesses and to other expert witnesses designated b...

Section 5122.44 | Patients buried on department hospital grounds - definitions.

...unds of or adjacent to the grounds of a public hospital: (1) Name; (2) Date of birth; (3) Date of death or burial; (4) Specific physical location of the burial, entombment, or inurnment, including the plot or grave site number if available. (B) "Patient" means an individual who died while admitted to a public hospital that was under the control of the department of behavioral health. (C) "Record" has the ...

Section 5122.45 | Compilation of patient information for each cemetery.

...unds of or adjacent to the grounds of a public hospital that is under the control of the department on March 31, 2005. The compilation shall be created within a reasonable time not exceeding three years after March 31, 2005. The department shall use its best efforts to create the most complete compilations possible using records in the department's possession and records obtained in accordance with section 5122.46 of...

Section 5122.46 | History connection and state agencies to provide access to information.

...request of the department of behavioral health, provide the department access to records and information in the possession of the Ohio history connection or state agency for purposes of creating compilations.

Section 5122.47 | Deposit of compilations with history connection and state library.

...The department of behavioral health shall deposit a copy of each compilation with the Ohio history connection and the state library as soon as a compilation is completed. The department shall not disclose any record or information used to create a compilation except as provided in sections 149.43 and 5122.31 of the Revised Code.

Section 5122.99 | Penalty.

...A person who violates division (B)(2) of section 5122.32 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense.

Section 5123.01 | Department of developmental disabilities definitions.

...ning. (F) "Health officer" means any public health physician, public health nurse, or other person authorized or designated by a city or general health district. (G) "Home and community-based services" means medicaid-funded home and community-based services specified in division (A)(1) of section 5166.20 of the Revised Code provided under the medicaid waiver components the department of developmental disabiliti...

Section 5123.011 | Adoption of rules.

...The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to do both of the following: (A) Define "developmental delay"; (B) For the purpose of division (Q)(4)(c) of section 5123.01 and division (F)(4)(c) of section 5126.01 of the Revised Code, specify how to determine whether a person six years of age or older has a substantial functional limitation in a...

Section 5123.012 | Eligibility determinations.

...(A) As used in this section, "preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code. (B) Except as provided in division (C) of this section, the department of developmental disabilities shall make eligibility determinations in accordance with the definition of "developmental disability" contained in section 5123.01 of the Revised Code. The department may adopt rules in acc...

Section 5123.013 | Application of chapter.

...The provisions of this chapter regarding institutionalization apply to a person who is found incompetent to stand trial or not guilty by reason of insanity and is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code to the extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapte...

Section 5123.014 | Reference to department or director and other terms.

...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation is deemed to refer to the department or director of developmental disabilities, as the case may be. Whenever "mental retardation" or any derivation of that term is referred to or designated in any statute, rule, c...

Section 5123.02 | Duties of department.

...the state. These programs shall include public awareness, prevention, assessment, treatment, training, and care. (B) Provide administrative leadership for statewide services; (C) Develop and maintain, to the extent feasible, data on all services and programs that governmental and private agencies provide for persons with developmental disabilities; (D) Provide leadership to local authorities in planning and ...

Section 5123.021 | Determining need for nursing facility care.

...ved by the United States department of health and human services under section 1919(e)(7)(E) of the "Social Security Act." (3) In the case of an individual who is determined under division (B) or (C) of this section to require both the level of services provided by a nursing facility and specialized services for mental retardation, the department of developmental disabilities shall provide or arrange for the p...

Section 5123.022 | State policy regarding community employment for individuals with developmental disabilities.

...id, job and family services, and mental health and addiction services ; the opportunities for Ohioans with disabilities agency; and each other state agency that provides employment services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever employment services are provided to individuals with developmental disabilities. The department of ...

Section 5123.023 | Employment first task force.

...id, job and family services, and mental health and addiction services ; and the opportunities for Ohioans with disabilities agency. The purpose of the task force shall be to improve the coordination of the state's efforts to address the needs of individuals with developmental disabilities who seek community employment as defined in section 5123.022 of the Revised Code. (B) The department of developmental disabilit...

Section 5123.025 | Technology first policy.

... aging, job and family services, mental health and addiction services, and transportation; the opportunities for Ohioans with disabilities agency; and each other state agency that provides technology services to individuals with developmental disabilities shall implement the policy of this state and ensure that it is followed whenever technology services are provided to individuals with developmental disabilities. ...

Section 5123.026 | Technology first task force.

... aging, job and family services, mental health and addiction services, children and youth, and transportation; and the opportunities for Ohioans with disabilities agency. (B) The task force shall do all of the following: (1) Expand innovative technology solutions within the operation and delivery of services to individuals with developmental disabilities; (2) Use technology to reduce the barriers individuals...

Section 5123.03 | Management of institutions and facilities.

...) Receive from the department of mental health and addiction services any patient in the custody of the department who is transferred to the department of developmental disabilities upon such terms and conditions as may be agreed upon by the two departments. (C) In addition to the powers and duties expressly conferred by this section, the department may take any other action necessary for the full and efficient exe...