To amend sections 3301.135, 3313.718, 3313.719, 3313.7110, 3313.7111, 3314.141, 3314.143, 3326.28, 3328.24, 3328.29, 3728.01, 4723.483, 4729.01, 4729.51, 4729.513, 4729.541, 4729.88, 4730.433, 4731.96, 4731.961, and 5180.26 and to enact section 4729.262 of the Revised Code to authorize the procurement and emergency use of additional types of epinephrine delivery systems by schools, school districts, and camps.
Observed changes
Oct. 13, 2026, 1:30 a.m.: selected_text changed since Oct. 12, 2026, 9:22 a.m..
{'selected_text': None}{'selected_text': {'text': '(136th General Assembly)\n(Substitute House Bill Number 462)\nAN ACT\nTo amend sections 3301.135, 3313.718, 3313.719, 3313.7110, 3313.7111, 3314.141, \n3314.143, 3326.28, 3328.24, 3328.29, 3728.01, 4723.483, 4729.01, 4729.51, \n4729.513, 4729.541, 4729.88, 4730.433, 4731.96, 4731.961, and 5180.26 and to \nenact section 4729.262 of the Revised Code to authorize the procurement and \nemergency use of additional types of epinephrine delivery systems by schools, \nschool districts, and camps.\nBe it enacted by the General Assembly of the State of Ohio:\nSECTION 1. That sections 3301.135, 3313.718, 3313.719, 3313.7110, 3313.7111, 3314.141, \n3314.143, 3326.28, 3328.24, 3328.29, 3728.01, 4723.483, 4729.01, 4729.51, 4729.513, 4729.541, \n4729.88, 4730.433, 4731.96, 4731.961, and 5180.26 be amended and section 4729.262 of the \nRevised Code be enacted to read as follows:\nSec. 3301.135. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Other public school" has the same meaning as in section 3301.0711 of the Revised \nCode.\n(B) The department of education and workforce annually shall compile a list of \norganizations and companies that offer free and reduced cost epinephrine autoinjectors delivery \nsystems to qualifying school districts, other public schools, and chartered nonpublic schools. The \ndepartment shall make this information readily available on their its web site and send a copy of the \nlist by mail or electronically to each school district, other public school, and chartered nonpublic \nschool. \nAs used in this section, "other public school" has the same meaning as in section 3301.0711 \nof the Revised Code.\nSec. 3313.718. (A) As used in this section, "prescriber":\n(1) "Epinephrine delivery system" means any device or other product that contains a \npremeasured dose of epinephrine and enables the dose to be administered through any route of \nadministration into the human body to prevent or treat a life-threatening allergic reaction. \n"Epinephrine delivery system" includes all of the following:\n(a) Autoinjectors;\n(b) Intranasal sprays;\n(c) Any device or other product designated by the state board of pharmacy in rules adopted \n\nSub. H. B. No. 462 136th G.A.\n2\nunder section 4729.262 of the Revised Code.\n(2) "Prescriber" has the same meaning as in section 4729.01 of the Revised Code. \n(B) Notwithstanding section 3313.713 of the Revised Code or any policy adopted under that \nsection, a student of a school operated by a city, local, exempted village, or joint vocational school \ndistrict or a student of a chartered nonpublic school may possess and use an epinephrine autoinjector \ndelivery system to treat anaphylaxis, if all of the following conditions are satisfied:\n(1) The student has the written approval of the prescriber of the autoinjector delivery system \nand, if the student is a minor, the written approval of the parent, guardian, or other person having \ncare or charge of the student. The prescriber\'s written approval shall include at least all of the \nfollowing information:\n(a) The student\'s name and address;\n(b) The names and dose of the medication epinephrine contained in the autoinjectordelivery \nsystem;\n(c) The date the that administration of the medication epinephrine through the delivery \nsystem is authorized to begin;\n(d) The date, if known, that the administration of the medication authority to administer \nepinephrine through the delivery system is to cease;\n(e) Acknowledgment that the prescriber has determined that the student is capable of \npossessing and using the autoinjector delivery system appropriately and has provided the student \nwith training in the proper use of the autoinjectordelivery system;\n(f) Circumstances in which the autoinjector delivery system should be used;\n(g) Written instructions that outline procedures school employees should follow in the event \nthat the student is unable to administer the anaphylaxis medication epinephrine through the delivery \nsystem or the medication does not produce the expected relief from the student\'s anaphylaxis;\n(h) Any severe adverse reactions that may occur to the child student using the autoinjector \nepinephrine delivery system that should be reported to the prescriber;\n(i) Any severe adverse reactions that may occur to another childstudent, for whom the \nautoinjector epinephrine delivery system is not prescribed, should such a child student receive a dose \nof the medicationepinephrine;\n(j) At least one emergency telephone number for contacting the prescriber in an emergency;\n(k) At least one emergency telephone number for contacting the parent, guardian, or other \nperson having care or charge of the student in an emergency;\n(l) Any other special instructions from the prescriber.\n(2) The school principal and, if a school nurse is assigned to the student\'s school building, \nthe school nurse has received copies of the written approvals required by division (B)(1) of this \nsection.\n(3) The school principal or, if a school nurse is assigned to the student\'s school building, the \nschool nurse has received a backup dose of the anaphylaxis medication epinephrine delivery system \n\nSub. H. B. No. 462 136th G.A.\n3\nfrom the parent, guardian, or other person having care or charge of the student or, if the student is \nnot a minor, from the student.\nIf these conditions are satisfied, the student may possess and use the autoinjector epinephrine \ndelivery system at school or at any activity, event, or program sponsored by or in which the student\'s \nschool is a participant.\n(C) Whenever a student uses an autoinjector epinephrine delivery system at school or at any \nactivity, event, or program sponsored by or in which the student\'s school is a participant or whenever \na school employee administers anaphylaxis medication epinephrine to a student through an \nepinephrine delivery system that was possessed by the student pursuant to the written approvals \ndescribed in division (B)(1) of this section, a school employee shall immediately request assistance \nfrom an emergency medical service provider.\n(D)(1) A school district, member of a school district board of education, or school district \nemployee is not liable in damages in a civil action for injury, death, or loss to person or property \nallegedly arising from a district employee\'s prohibiting a student from using an autoinjector \nepinephrine delivery system because of the employee\'s good faith belief that the conditions of \ndivision (B) of this section had not been satisfied. A school district, member of a school district \nboard of education, or school district employee is not liable in damages in a civil action for injury, \ndeath, or loss to person or property allegedly arising from a district employee\'s permitting a student \nto use an autoinjector epinephrine delivery system because of the employee\'s good faith belief that \nthe conditions of division (B) of this section had been satisfied. Furthermore, when a school district \nis required by this section to permit a student to possess and use an autoinjector epinephrine delivery \nsystem because the conditions of division (B) of this section have been satisfied, the school district, \nany member of the school district board of education, or any school district employee is not liable in \ndamages in a civil action for injury, death, or loss to person or property allegedly arising from the \nuse of the autoinjector epinephrine delivery system by a student for whom it was not prescribed.\nThis section does not eliminate, limit, or reduce any other immunity or defense that a school \ndistrict, member of a school district board of education, or school district employee may be entitled \nto under Chapter 2744. or any other provision of the Revised Code or under the common law of this \nstate.\n(2) A chartered nonpublic school or any officer, director, or employee of the school is not \nliable in damages in a civil action for injury, death, or loss to person or property allegedly arising \nfrom a school employee\'s prohibiting a student from using an autoinjector epinephrine delivery \nsystem because of the employee\'s good faith belief that the conditions of division (B) of this section \nhad not been satisfied. A chartered nonpublic school or any officer, director, or employee of the \nschool is not liable in damages in a civil action for injury, death, or loss to person or property \nallegedly arising from a school employee\'s permitting a student to use an autoinjector epinephrine \ndelivery system because of the employee\'s good faith belief that the conditions of division (B) of this \nsection had been satisfied. Furthermore, when a chartered nonpublic school is required by this \n\nSub. H. B. No. 462 136th G.A.\n4\nsection to permit a student to possess and use an autoinjector epinephrine delivery system because \nthe conditions of division (B) of this section have been satisfied, the chartered nonpublic school or \nany officer, director, or employee of the school is not liable in damages in a civil action for injury, \ndeath, or loss to person or property allegedly arising from the use of the autoinjector epinephrine \ndelivery system by a student for whom it was not prescribed.\nSec. 3313.719. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs" has the same meaning as in \nsection 4729.01 of the Revised Code.\n(B) The board of education of each city, local, exempted village, and joint vocational school \ndistrict and the governing authority of each chartered nonpublic school shall establish a written \npolicy with respect to protecting students with food allergies. The policy shall be developed in \nconsultation with parents, school nurses and other school employees, school volunteers, students, \nand community members.\n(B)(C) Each school district board may create training for all staff members and age-\nappropriate instruction for students in grades kindergarten through twelve on food allergies and \nways in which to assist an individual experiencing an allergic reaction.\n(C) Training completed under division (B) of this section The training may include \ninstruction in food allergies, signs and symptoms of anaphylaxis, prevention of allergic reactions, \nmanagement and administration of epinephrine, and follow-up and reporting procedures.\n(D) Training completed under division (B)(C) of this section shall qualify as a professional \ndevelopment activity for the renewal of educator licenses, in addition to activities approved by local \nprofessional development committees under division (F) of section 3319.22 of the Revised Code. \n(E)(1) The following are not liable in damages in a civil action for injury, death, or loss to \nperson or property that allegedly arise from an act or omission associated with any training under \ndivisions (B) and division (C) of this section, unless the act or omission constitutes willful or wanton \nmisconduct:\n(a) A school or school district; \n(b) A member of a district board of education; \n(c) A district or school employee or contractor; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, who consults with a superintendent, or who \nissues a protocol pursuant to section 3313.7110 of the Revised Code; \n(e) An anaphylaxis training organization and its personnel where leadership includes a \nphysician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or \nosteopathic medicine and surgery who is board-certified in allergy and immunology as that \ndesignation is issued by a medical specialty certifying board recognized by the American board of \n\nSub. H. B. No. 462 136th G.A.\n5\nmedical specialties or American osteopathic association.\n(2) This section does not eliminate, limit, or reduce any other immunity or defense that a \nschool or school district, member of a district board of education, district or school employee or \ncontractor, or licensed health professional may be entitled to under Chapter 2744. or any other \nprovision of the Revised Code or under the common law of this state.\nSec. 3313.7110. (A) The board of education of each city, local, exempted village, or joint \nvocational school district may procure epinephrine autoinjectors delivery systems for each school \noperated by the district to have on the school premises for use in emergency situations identified \nunder division (C)(5) of this section by doing one of the following: \n(1) Having a licensed health professional authorized to prescribe drugs, acting in accordance \nwith section 4723.483, 4730.433, or 4731.96 of the Revised Code, personally furnish the \nepinephrine autoinjectors delivery systems to the school or school district or issue a prescription for \nthem in the name of the school or district; \n(2) Having the district\'s superintendent obtain a prescriber-issued protocol that includes \ndefinitive orders for epinephrine autoinjectors delivery systems and the dosages of epinephrine to be \nadministered through them. \nA district board that elects to procure epinephrine autoinjectors delivery systems under this \nsection is encouraged to maintain, at all times, at least two epinephrine autoinjectors delivery \nsystems at each school operated by the district. \n(B) A district board that elects to procure epinephrine autoinjectors delivery systems under \nthis section shall require the district\'s superintendent to adopt a policy governing their maintenance \nand use. Before adopting the policy, the superintendent shall consult with a licensed health \nprofessional authorized to prescribe drugs. \n(C) The policy adopted under division (B) of this section shall do all of the following: \n(1) Identify the one or more locations in each school operated by the district in which an \nepinephrine autoinjector delivery system must be stored; \n(2) Specify the conditions under which an epinephrine autoinjector delivery system must be \nstored, replaced, and disposed; \n(3) Specify the individuals employed by or under contract with the district board, in addition \nto a school nurse or an athletic trainer, licensed under Chapter 4755. of the Revised Code, who may \naccess and use an epinephrine autoinjector delivery system to provide a dosage of epinephrine to an \nindividual in an emergency situation identified under division (C)(5) of this section; \n(4) Specify any training that employees or contractors specified under division (C)(3) of this \nsection, other than a school nurse or athletic trainer, must complete before being authorized to access \nand use an epinephrine autoinjectordelivery system; \n(5) Identify the emergency situations, including when an individual exhibits signs and \nsymptoms of anaphylaxis, in which a school nurse, athletic trainer, or other employees or contractors \nspecified under division (C)(3) of this section may access and use an epinephrine \n\nSub. H. B. No. 462 136th G.A.\n6\nautoinjectordelivery system; \n(6) Specify that assistance from an emergency medical service provider must be requested \nimmediately after an epinephrine autoinjector delivery system is used; \n(7) Specify the individuals, in addition to students, school employees or contractors, and \nschool visitors, to whom a dosage of epinephrine may be administered through an epinephrine \nautoinjector delivery system in an emergency situation specified under division (C)(5) of this \nsection. \n(D)(1) The following are not liable in damages in a civil action for injury, death, or loss to \nperson or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector delivery system under this section, \nunless the act or omission constitutes willful or wanton misconduct: \n(a) A school or school district; \n(b) A member of a district board of education; \n(c) A district or school employee or contractor; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, consults with a superintendent, or issues a \nprotocol pursuant to this section. \n(2) This section does not eliminate, limit, or reduce any other immunity or defense that a \nschool or school district, member of a district board of education, district or school employee or \ncontractor, or licensed health professional may be entitled to under Chapter 2744. or any other \nprovision of the Revised Code or under the common law of this state. \n(E) A school district board of education may accept donations of epinephrine autoinjectors \ndelivery systems from a wholesale distributor of dangerous drugs or a manufacturer of dangerous \ndrugs, as defined in section 4729.01 of the Revised Code, and may accept donations of money from \nany person to purchase epinephrine autoinjectorsdelivery systems. \n(F) A district board that elects to procure epinephrine autoinjectors delivery systems under \nthis section shall report to the department of education and workforce each procurement and \noccurrence in which an epinephrine autoinjector delivery system is used from a school\'s supply of \nepinephrine autoinjectorsdelivery systems. \n(G) As used in this section, "licensed :\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs," and "prescriber" \n"prescriber," "manufacturer of dangerous drugs," and "wholesale distributor of dangerous drugs" \nhave the same meanings as in section 4729.01 of the Revised Code.\nSec. 3313.7111. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n\nSub. H. B. No. 462 136th G.A.\n7\n(2) "Licensed health professional authorized to prescribe drugs," "manufacturer of dangerous \ndrugs," and "wholesale distributor of dangerous drugs" have the same meanings as in section \n4729.01 of the Revised Code.\n(B) With the approval of its governing authority, a chartered or nonchartered nonpublic \nschool may procure epinephrine autoinjectors delivery systems in the manner prescribed by section \n3313.7110 of the Revised Code. A chartered or nonchartered nonpublic school that elects to do so \nshall comply with all provisions of that section as if it were a school district. \n(B)(1)(C)(1) The following are not liable in damages in a civil action for injury, death, or \nloss to person or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector delivery system under this section, \nunless the act or omission constitutes willful or wanton misconduct: \n(a) A chartered or nonchartered nonpublic school; \n(b) A member of a chartered or nonchartered nonpublic school governing authority; \n(c) An employee or contractor of the school; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, provides a consultation, or issues a protocol \npursuant to this section. \n(2) This division does not eliminate, limit, or reduce any other immunity or defense that a \nchartered or nonchartered nonpublic school or governing authority, member of a chartered or \nnonchartered nonpublic school governing authority, chartered or nonchartered nonpublic school \nemployee or contractor, or licensed health professional may be entitled to under any other provision \nof the Revised Code or the common law of this state. \n(C)(D) A chartered or nonchartered nonpublic school may accept donations of epinephrine \nautoinjectors delivery systems from a wholesale distributor of dangerous drugs or a manufacturer of \ndangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of \nmoney from any person to purchase epinephrine autoinjectorsdelivery systems. \n(D)(E) A chartered or nonchartered nonpublic school that elects to procure epinephrine \nautoinjectors delivery systems under this section shall report to the department of education and \nworkforce each procurement and occurrence in which an epinephrine autoinjector delivery system is \nused from the school\'s supply of epinephrine autoinjectorsdelivery systems.\nSec. 3314.141. (A) As used in this section, "epinephrine delivery system" has the same \nmeaning as in section 3313.718 of the Revised Code.\n(B) A community school, community school governing authority, or community school \nemployee is not liable in damages in a civil action for harm allegedly arising from a community \nschool employee\'s prohibiting a student from using an autoinjector epinephrine delivery system \ndescribed in section 3313.718 of the Revised Code because of the employee\'s good faith belief that \nthe conditions of division (B) of that section had not been satisfied. A community school, \ncommunity school governing authority, or community school employee is not liable in damages in a \n\nSub. H. B. No. 462 136th G.A.\n8\ncivil action for harm allegedly arising from a community school employee\'s permitting a student to \nuse an autoinjector epinephrine delivery system described in that section because of the employee\'s \ngood faith belief that the conditions of division (B) of that section had been satisfied. Furthermore, \nwhen a community school is required in accordance with that section to permit a student to possess \nand use an autoinjector epinephrine delivery system because the conditions of division (B) of that \nsection have been satisfied, the community school, any member of the community school governing \nauthority, or any community school employee is not liable in damages in a civil action for injury, \ndeath, or loss to person or property allegedly arising from the use of the autoinjector epinephrine \ndelivery system by a student for whom it was not prescribed.\n(C) This section does not eliminate, limit, or reduce any other immunity or defense that a \ncommunity school, community school governing authority, or community school employee may be \nentitled to under Chapter 2744. or any other provision of the Revised Code or under the common \nlaw of this state.\nSec. 3314.143. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs," "manufacturer of dangerous \ndrugs," and "wholesale distributor of dangerous drugs" have the same meanings as in section \n4729.01 of the Revised Code.\n(B) With the approval of its governing authority, a community school established under this \nchapter may procure epinephrine autoinjectors delivery systems in the manner prescribed by section \n3313.7110 of the Revised Code. A community school that elects to do so shall comply with all \nprovisions of that section as if it were a school district. \n(B)(1)(C)(1) The following are not liable in damages in a civil action for injury, death, or \nloss to person or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector delivery system under this section, \nunless the act or omission constitutes willful or wanton misconduct: \n(a) A community school; \n(b) A member of a community school governing authority; \n(c) A community school employee or contractor; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, provides a consultation, or issues a protocol \npursuant to this section. \n(2) This division does not eliminate, limit, or reduce any other immunity or defense that a \ncommunity school or governing authority, member of a community school governing authority, \ncommunity school employee or contractor, or licensed health professional may be entitled to under \nChapter 2744. or any other provision of the Revised Code or under the common law of this state. \n(C)(D) A community school may accept donations of epinephrine autoinjectors delivery \n\nSub. H. B. No. 462 136th G.A.\n9\nsystems from a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs , as \ndefined in section 4729.01 of the Revised Code, and may accept donations of money from any \nperson to purchase epinephrine autoinjectorsdelivery systems. \n(D)(E) A community school that elects to procure epinephrine autoinjectors delivery systems \nunder this section shall report to the department of education and workforce each procurement and \noccurrence in which an epinephrine autoinjector delivery system is used from the school\'s supply of \nepinephrine autoinjectorsdelivery systems.\nSec. 3326.28. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs," "manufacturer of dangerous \ndrugs," and "wholesale distributor of dangerous drugs" have the same meanings as in section \n4729.01 of the Revised Code.\n(B) With the approval of its governing body, a STEM school established under this chapter \nmay procure epinephrine autoinjectors delivery systems in the manner prescribed by section \n3313.7110 of the Revised Code. A STEM school that elects to do so shall comply with all provisions \nof that section as if it were a school district. \n(B)(1)(C)(1) The following are not liable in damages in a civil action for injury, death, or \nloss to person or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector delivery system under this section, \nunless the act or omission constitutes willful or wanton misconduct: \n(a) A STEM school; \n(b) A member of a STEM school governing body; \n(c) A STEM school employee or contractor; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, provides a consultation, or issues a protocol \npursuant to this section. \n(2) This division does not eliminate, limit, or reduce any other immunity or defense that a \nSTEM school or governing body, member of a STEM school governing body, STEM school \nemployee or contractor, or licensed health professional may be entitled to under Chapter 2744. or \nany other provision of the Revised Code or under the common law of this state. \n(C)(D) A STEM school may accept donations of epinephrine autoinjectors delivery systems \nfrom a wholesale distributor of dangerous drugs or a manufacturer of dangerous drugs , as defined in \nsection 4729.01 of the Revised Code, and may accept donations of money from any person to \npurchase epinephrine autoinjectorsdelivery systems. \n(D)(E) A STEM school that elects to procure epinephrine autoinjectors delivery systems \nunder this section shall report to the department of education and workforce each procurement and \noccurrence in which an epinephrine autoinjector delivery system is used from the school\'s supply of \n\nSub. H. B. No. 462 136th G.A.\n10\nepinephrine autoinjectorsdelivery systems.\nSec. 3328.24. A college-preparatory boarding school established under this chapter and its \nboard of trustees shall comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 3301.0714, \n3301.0729, 3301.948, 3302.037, 3313.474, 3313.5318, 3313.5319, 3313.6013, 3313.6021, \n3313.6023, 3313.6024, 3313.6026, 3313.6029, 3313.6031, 3313.617, 3313.618, 3313.6114, \n3313.6411, 3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 3313.718, 3313.7112, \n3313.7117, 3313.721, 3313.753, 3313.8110, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, \n3319.324, 3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, \nand 5502.262, and Chapter 3365. of the Revised Code as if the school were a school district and the \nschool\'s board of trustees were a district board of education.\nSec. 3328.29. (A) As used in this section:\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs," "manufacturer of dangerous \ndrugs," and "wholesale distributor of dangerous drugs" have the same meanings as in section \n4729.01 of the Revised Code.\n(B) With the approval of its board of trustees, a college-preparatory boarding school \nestablished under this chapter may procure epinephrine autoinjectors delivery systems in the manner \nprescribed by section 3313.7110 of the Revised Code. A college-preparatory boarding school that \nelects to do so shall comply with all provisions of that section as if it were a school district. \n(B)(1)(C)(1) The following are not liable in damages in a civil action for injury, death, or \nloss to person or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector delivery system under this section, \nunless the act or omission constitutes willful or wanton misconduct: \n(a) A college-preparatory boarding school; \n(b) A member of a college-preparatory boarding school board of trustees; \n(c) A college-preparatory boarding school employee or contractor; \n(d) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, provides a consultation, or issues a protocol \npursuant to this section. \n(2) This division does not eliminate, limit, or reduce any other immunity or defense that a \ncollege-preparatory boarding school or board of trustees, member of a college-preparatory boarding \nschool board of trustees, college-preparatory boarding school employee or contractor, or licensed \nhealth professional may be entitled to under Chapter 2744. or any other provision of the Revised \nCode or under the common law of this state. \n(C)(D) A college-preparatory boarding school may accept donations of epinephrine \nautoinjectors delivery systems from a wholesale distributor of dangerous drugs or a manufacturer of \ndangerous drugs, as defined in section 4729.01 of the Revised Code, and may accept donations of \n\nSub. H. B. No. 462 136th G.A.\n11\nmoney from any person to purchase epinephrine autoinjectorsdelivery systems. \n(D)(E) A college-preparatory boarding school that elects to procure epinephrine \nautoinjectors delivery systems under this section shall report to the department of education and \nworkforce each procurement and occurrence in which an epinephrine autoinjector delivery system is \nused from a school\'s supply of epinephrine autoinjectorsdelivery systems.\nSec. 3728.01. As used in this chapter: \n(A) "Administer epinephrine" means to inject an individual with epinephrine using an \nautoinjector in a manufactured dosage form. \n(B) "Peace officer" has the same meaning as in section 109.71 of the Revised Code and also \nincludes a sheriff.\n(C) "Prescriber" means an individual who is authorized by law to prescribe drugs or \ndangerous drugs or drug therapy related devices in the course of the individual\'s professional \npractice, including only the following: \n(1) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who \nholds a certificate to prescribe issued under section 4723.48 of the Revised Code; \n(2) A physician authorized under Chapter 4731. of the Revised Code to practice medicine \nand surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; \n(3) A physician assistant who is licensed under Chapter 4730. of the Revised Code, holds a \nvalid prescriber number issued by the state medical board, and has been granted physician-delegated \nprescriptive authority. \n(D)(D)(1) "Qualified entity" means either of the following:\n(1)(a) Any public or private entity that is associated with a location where allergens capable \nof causing anaphylaxis may be present, including child care centers, colleges and universities, places \nof employment, restaurants, amusement parks, recreation camps, sports playing fields and arenas, \nand other similar locations, except that "qualified ;\n(b) Either of the following served by a peace officer: a law enforcement agency or other \nentity described in division (A) of section 109.71 of the Revised Code.\n(2) "Qualified entity" does not include either of the following: \n(a) A chartered or nonchartered nonpublic school; community school; science, technology, \nengineering, and mathematics school; college-preparatory boarding school; or a school operated by \nthe board of education of a city, local, exempted village, or joint vocational school district, as those \nentities are otherwise authorized to procure epinephrine autoinjectors delivery systems pursuant to \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the Revised Code; \n(b) A camp described in section 5180.26 of the Revised Code that is authorized to procure \nepinephrine autoinjectors delivery systems pursuant to that section;\n(2) Either of the following served by a peace officer: a law enforcement agency or other \nentity described in division (A) of section 109.71 of the Revised Code.\nSec. 4723.483. (A)(1)(A) As used in this section, "epinephrine delivery system" has the \n\nSub. H. B. No. 462 136th G.A.\n12\nsame meaning as in section 3313.718 of the Revised Code.\n(B)(1) Subject to division (A)(2)(B)(2) of this section, and notwithstanding any conflicting \nprovision of this chapter or rule adopted by the board of nursing, a clinical nurse specialist, certified \nnurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under \nsection 4723.48 of the Revised Code may do either any of the following without having examined \nan individual to whom epinephrine may be administered:\n(a) Personally furnish a supply of epinephrine autoinjectors for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 \nChapter 3728. of the Revised Code;\n(b) Personally furnish a supply of epinephrine delivery systems for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code;\n(c) Issue a prescription for epinephrine autoinjectors for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 Chapter 3728. \nof the Revised Code;\n(d) Issue a prescription for epinephrine delivery systems for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code.\n(2) An epinephrine autoinjector personally furnished or prescribed under division (A)(1)(B)\n(1)(a) or (c) of this section must be furnished or prescribed in such a manner that it may be \nadministered only in a manufactured dosage form.\n(B)(C) A nurse who acts in good faith in accordance with this section is not liable for or \nsubject to any of the following for any action or omission of an entity to which an epinephrine \ndelivery system, including an autoinjector, is furnished or a prescription is issued: damages in any \ncivil action, prosecution in any criminal proceeding, or professional disciplinary action.\nSec. 4729.01. As used in this chapter: \n(A) "Pharmacy," except when used in a context that refers to the practice of pharmacy, \nmeans any area, room, rooms, place of business, department, or portion of any of the foregoing \nwhere the practice of pharmacy is conducted. \n(B) "Practice of pharmacy" means providing pharmacist care requiring specialized \nknowledge, judgment, and skill derived from the principles of biological, chemical, behavioral, \nsocial, pharmaceutical, and clinical sciences. As used in this division, "pharmacist care" includes the \nfollowing: \n(1) Interpreting prescriptions; \n(2) Dispensing drugs and drug therapy related devices; \n(3) Compounding drugs; \n(4) Counseling individuals with regard to their drug therapy, recommending drug therapy \nrelated devices, and assisting in the selection of drugs and appliances for treatment of common \ndiseases and injuries and providing instruction in the proper use of the drugs and appliances; \n(5) Performing drug regimen reviews with individuals by discussing all of the drugs that the \n\nSub. H. B. No. 462 136th G.A.\n13\nindividual is taking and explaining the interactions of the drugs; \n(6) Performing drug utilization reviews with licensed health professionals authorized to \nprescribe drugs when the pharmacist determines that an individual with a prescription has a drug \nregimen that warrants additional discussion with the prescriber; \n(7) Advising an individual and the health care professionals treating an individual with \nregard to the individual\'s drug therapy; \n(8) Acting pursuant to a consult agreement, if an agreement has been established; \n(9) Engaging in the administration of immunizations to the extent authorized by section \n4729.41 of the Revised Code; \n(10) Engaging in the administration of drugs to the extent authorized by section 4729.45 of \nthe Revised Code. \n(C) "Compounding" means the preparation, mixing, assembling, packaging, and labeling of \none or more drugs in any of the following circumstances: \n(1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe \ndrugs; \n(2) Pursuant to the modification of a prescription made in accordance with a consult \nagreement; \n(3) As an incident to research, teaching activities, or chemical analysis; \n(4) In anticipation of orders for drugs pursuant to prescriptions, based on routine, regularly \nobserved dispensing patterns; \n(5) Pursuant to a request made by a licensed health professional authorized to prescribe \ndrugs for a drug that is to be used by the professional for the purpose of direct administration to \npatients in the course of the professional\'s practice, if all of the following apply: \n(a) At the time the request is made, the drug is not commercially available regardless of the \nreason that the drug is not available, including the absence of a manufacturer for the drug or the lack \nof a readily available supply of the drug from a manufacturer. \n(b) A limited quantity of the drug is compounded and provided to the professional. \n(c) The drug is compounded and provided to the professional as an occasional exception to \nthe normal practice of dispensing drugs pursuant to patient-specific prescriptions. \n(D) "Consult agreement" means an agreement that has been entered into under section \n4729.39 of the Revised Code. \n(E) "Drug" means: \n(1) Any article recognized in the United States pharmacopoeia and national formulary, or \nany supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention \nof disease in humans or animals; \n(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or \nprevention of disease in humans or animals; \n(3) Any article, other than food, intended to affect the structure or any function of the body \n\nSub. H. B. No. 462 136th G.A.\n14\nof humans or animals; \n(4) Any article intended for use as a component of any article specified in division (E)(1), \n(2), or (3) of this section; but does not include devices or their components, parts, or accessories. \n"Drug" does not include "hemp" as that term is defined in section 928.01 of the Revised \nCode. \n(F) "Dangerous drug" means any of the following: \n(1) Any drug to which either of the following applies: \n(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. \n301, as amended, the drug is required to bear a label containing the legend "Caution: Federal law \nprohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on \nthe order of a licensed veterinarian" or any similar restrictive statement, or the drug may be \ndispensed only upon a prescription; \n(b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon \na prescription. \n(2) Any drug that contains a schedule V controlled substance and that is exempt from \nChapter 3719. of the Revised Code or to which that chapter does not apply; \n(3) Any drug intended for administration by injection into the human body other than \nthrough a natural orifice of the human body; \n(4) Any drug that is a biological product, as defined in section 3715.01 of the Revised Code. \n(G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the \nRevised Code. \n(H) "Prescription" means all of the following: \n(1) A written, electronic, or oral order for drugs or combinations or mixtures of drugs to be \nused by a particular individual or for treating a particular animal, issued by a licensed health \nprofessional authorized to prescribe drugs; \n(2) For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93 of the Revised \nCode, a written, electronic, or oral order for a drug to treat chlamydia, gonorrhea, or trichomoniasis \nissued to and in the name of a patient who is not the intended user of the drug but is the sexual \npartner of the intended user; \n(3) For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 4723.483, \n4729.88, 4730.433, 4731.96, and 5180.26 of the Revised Code, a written, electronic, or oral order \nfor an epinephrine autoinjector delivery system issued to and in the name of a school, school district, \nor camp; \n(4) For purposes of Chapter 3728. and sections 4723.483, 4729.88, 4730.433, and 4731.96 of \nthe Revised Code, a written, electronic, or oral order for an epinephrine autoinjector issued to and in \nthe name of a qualified entity, as defined in section 3728.01 of the Revised Code; \n(5) For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60, 3328.38, 4723.4811, \n4730.437, 4731.92, and 5180.262 of the Revised Code, a written, electronic, or oral order for \n\nSub. H. B. No. 462 136th G.A.\n15\ninjectable or nasally administered glucagon in the name of a school, school district, or camp. \n(I) "Licensed health professional authorized to prescribe drugs" or "prescriber" means an \nindividual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related \ndevices in the course of the individual\'s professional practice, including only the following: \n(1) A dentist licensed under Chapter 4715. of the Revised Code; \n(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who \nholds a current, valid license issued under Chapter 4723. of the Revised Code to practice nursing as \nan advanced practice registered nurse; \n(3) A certified registered nurse anesthetist who holds a current, valid license issued under \nChapter 4723. of the Revised Code to practice nursing as an advanced practice registered nurse, but \nonly to the extent of the nurse\'s authority under sections 4723.43 and 4723.434 of the Revised Code; \n(4) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry; \n(5) A physician authorized under Chapter 4731. of the Revised Code to practice medicine \nand surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; \n(6) A physician assistant who holds a license to practice as a physician assistant issued under \nChapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical \nboard, and has been granted physician-delegated prescriptive authority; \n(7) A veterinarian licensed under Chapter 4741. of the Revised Code;\n(8) A certified mental health assistant licensed under Chapter 4772. of the Revised Code \nwho has been granted physician-delegated prescriptive authority by the physician supervising the \ncertified mental health assistant. \n(J) "Sale" or "sell" includes any transaction made by any person, whether as principal \nproprietor, agent, or employee, to do or offer to do any of the following: deliver, distribute, broker, \nexchange, gift or otherwise give away, or transfer, whether the transfer is by passage of title, \nphysical movement, or both. \n(K) "Wholesale sale" and "sale at wholesale" mean any sale in which the purpose of the \npurchaser is to resell the article purchased or received by the purchaser. \n(L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at \nwholesale. \n(M) "Retail seller" means any person that sells any dangerous drug to consumers without \nassuming control over and responsibility for its administration. Mere advice or instructions \nregarding administration do not constitute control or establish responsibility. \n(N) "Price information" means the price charged for a prescription for a particular drug \nproduct and, in an easily understandable manner, all of the following: \n(1) The proprietary name of the drug product; \n(2) The established (generic) name of the drug product; \n(3) The strength of the drug product if the product contains a single active ingredient or if the \ndrug product contains more than one active ingredient and a relevant strength can be associated with \n\nSub. H. B. No. 462 136th G.A.\n16\nthe product without indicating each active ingredient. The established name and quantity of each \nactive ingredient are required if such a relevant strength cannot be so associated with a drug product \ncontaining more than one ingredient. \n(4) The dosage form; \n(5) The price charged for a specific quantity of the drug product. The stated price shall \ninclude all charges to the consumer, including, but not limited to, the cost of the drug product, \nprofessional fees, handling fees, if any, and a statement identifying professional services routinely \nfurnished by the pharmacy. Any mailing fees and delivery fees may be stated separately without \nrepetition. The information shall not be false or misleading. \n(O) "Wholesale distributor of dangerous drugs" or "wholesale distributor" means a person \nengaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a \nperson authorized by the person to engage in the sale of dangerous drugs at wholesale. \n(P) "Manufacturer of dangerous drugs" or "manufacturer" means a person, other than a \npharmacist or prescriber, who manufactures dangerous drugs and who is engaged in the sale of those \ndangerous drugs. \n(Q) "Terminal distributor of dangerous drugs" or "terminal distributor" means a person who \nis engaged in the sale of dangerous drugs at retail, or any person, other than a manufacturer, \nrepackager, outsourcing facility, third-party logistics provider, wholesale distributor, or pharmacist, \nwho has possession, custody, or control of dangerous drugs for any purpose other than for that \nperson\'s own use and consumption. "Terminal distributor" includes pharmacies, hospitals, nursing \nhomes, and laboratories and all other persons who procure dangerous drugs for sale or other \ndistribution by or under the supervision of a pharmacist, licensed health professional authorized to \nprescribe drugs, or other person authorized by the state board of pharmacy. \n(R) "Promote to the public" means disseminating a representation to the public in any \nmanner or by any means, other than by labeling, for the purpose of inducing, or that is likely to \ninduce, directly or indirectly, the purchase of a dangerous drug at retail. \n(S) "Person" includes any individual, partnership, association, limited liability company, or \ncorporation, the state, any political subdivision of the state, and any district, department, or agency \nof the state or its political subdivisions. \n(T)(1) "Animal shelter" means a facility operated by a humane society or any society \norganized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter \n955. of the Revised Code. \n(2) "County dog warden" means a dog warden or deputy dog warden appointed or employed \nunder section 955.12 of the Revised Code.\n(3) "Wild animal rehabilitation facility" means a facility that holds a permit issued by the \nchief of the division of wildlife for rehabilitation purposes in accordance with section 1533.08 of the \nRevised Code or rules adopted by the chief. \n(U) "Food" has the same meaning as in section 3715.01 of the Revised Code. \n\nSub. H. B. No. 462 136th G.A.\n17\n(V) "Pain management clinic" has the same meaning as in section 4731.054 of the Revised \nCode. \n(W) "Investigational drug or product" means a drug or product that has successfully \ncompleted phase one of the United States food and drug administration clinical trials and remains \nunder clinical trial, but has not been approved for general use by the United States food and drug \nadministration. "Investigational drug or product" does not include controlled substances in schedule \nI, as defined in section 3719.01 of the Revised Code. \n(X) "Product," when used in reference to an investigational drug or product, means a \nbiological product, other than a drug, that is made from a natural human, animal, or microorganism \nsource and is intended to treat a disease or medical condition. \n(Y) "Third-party logistics provider" means a person that provides or coordinates \nwarehousing or other logistics services pertaining to dangerous drugs including distribution, on \nbehalf of a manufacturer, wholesale distributor, or terminal distributor of dangerous drugs, but does \nnot take ownership of the drugs or have responsibility to direct the sale or disposition of the drugs. \n(Z) "Repackager of dangerous drugs" or "repackager" means a person that repacks and \nrelabels dangerous drugs for sale or distribution. \n(AA) "Outsourcing facility" means a facility that is engaged in the compounding and sale of \nsterile drugs and is registered as an outsourcing facility with the United States food and drug \nadministration. \n(BB) "Laboratory" means a laboratory licensed under this chapter as a terminal distributor of \ndangerous drugs and entrusted to have custody of any of the following drugs and to use the drugs for \nscientific and clinical purposes and for purposes of instruction: dangerous drugs that are not \ncontrolled substances, as defined in section 3719.01 of the Revised Code; dangerous drugs that are \ncontrolled substances, as defined in that section; and controlled substances in schedule I, as defined \nin that section. \n(CC) "Overdose reversal drug" means both of the following:\n(1) Naloxone;\n(2) Any other drug that the state board of pharmacy, through rules adopted in accordance \nwith Chapter 119. of the Revised Code, designates as a drug that is approved by the federal food and \ndrug administration for the reversal of a known or suspected opioid-related overdose.\n(DD) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\nSec. 4729.262. The state board of pharmacy shall adopt rules designating the devices or \nother products that are approved by the United States food and drug administration for use in \nadministering a premeasured dose of epinephrine through any route of administration into the human \nbody. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.\nSec. 4729.51. (A) No person other than a licensed manufacturer of dangerous drugs, \noutsourcing facility, third-party logistics provider, repackager of dangerous drugs, or wholesale \n\nSub. H. B. No. 462 136th G.A.\n18\ndistributor of dangerous drugs shall possess for sale, sell, distribute, or deliver, at wholesale, \ndangerous drugs or investigational drugs or products, except as follows: \n(1) A licensed terminal distributor of dangerous drugs that is a pharmacy may make \noccasional sales of dangerous drugs or investigational drugs or products at wholesale. \n(2) A licensed terminal distributor of dangerous drugs having more than one licensed \nlocation may transfer or deliver dangerous drugs from one licensed location to another licensed \nlocation owned by the terminal distributor if the license issued for each location is in effect at the \ntime of the transfer or delivery. \n(3) A licensed terminal distributor of dangerous drugs that is not a pharmacy may make \noccasional sales of the following at wholesale: \n(a) Overdose reversal drugs; \n(b) Dangerous drugs if the drugs being sold are in shortage, as defined in rules adopted under \nsection 4729.26 of the Revised Code; \n(c) Dangerous drugs other than those described in divisions (A)(3)(a) and (b) of this section \nor investigational drugs or products if authorized by rules adopted under section 4729.26 of the \nRevised Code. \n(B) No licensed manufacturer, outsourcing facility, third-party logistics provider, \nrepackager, or wholesale distributor shall possess for sale, sell, or distribute, at wholesale, dangerous \ndrugs or investigational drugs or products to any person other than the following: \n(1) Subject to division (D) of this section, a licensed terminal distributor of dangerous drugs; \n(2) Subject to division (C) of this section, any person exempt from licensure as a terminal \ndistributor of dangerous drugs under section 4729.541 of the Revised Code; \n(3) A licensed manufacturer, outsourcing facility, third-party logistics provider, repackager, \nor wholesale distributor; \n(4) A terminal distributor, manufacturer, outsourcing facility, third-party logistics provider, \nrepackager, or wholesale distributor that is located in another state, is not engaged in the sale of \ndangerous drugs within this state, and is actively licensed to engage in the sale of dangerous drugs \nby the state in which the distributor conducts business. \n(C) No licensed manufacturer, outsourcing facility, third-party logistics provider, \nrepackager, or wholesale distributor shall possess for sale, sell, or distribute, at wholesale, dangerous \ndrugs or investigational drugs or products to either of the following: \n(1) A prescriber who is employed by a pain management clinic that is not licensed as a \nterminal distributor of dangerous drugs with a pain management clinic classification issued under \nsection 4729.552 of the Revised Code; \n(2) A business entity described in division (A)(2) or (3) of section 4729.541 of the Revised \nCode that is, or is operating, a pain management clinic without a license as a terminal distributor of \ndangerous drugs with a pain management clinic classification issued under section 4729.552 of the \nRevised Code. \n\nSub. H. B. No. 462 136th G.A.\n19\n(D) No licensed manufacturer, outsourcing facility, third-party logistics provider, \nrepackager, or wholesale distributor shall possess dangerous drugs or investigational drugs or \nproducts for sale at wholesale, or sell or distribute such drugs at wholesale, to a licensed terminal \ndistributor of dangerous drugs, except as follows: \n(1) In the case of a terminal distributor with a category II license, only dangerous drugs in \ncategory II, as defined in division (A)(1) of section 4729.54 of the Revised Code; \n(2) In the case of a terminal distributor with a category III license, dangerous drugs in \ncategory II and category III, as defined in divisions (A)(1) and (2) of section 4729.54 of the Revised \nCode; \n(3) In the case of a terminal distributor with a limited category II or III license, only the \ndangerous drugs specified in the license. \n(E)(1) Except as provided in division (E)(2) of this section, no person shall do any of the \nfollowing: \n(a) Sell or distribute, at retail, dangerous drugs; \n(b) Possess for sale, at retail, dangerous drugs; \n(c) Possess dangerous drugs. \n(2)(a) Divisions (E)(1)(a), (b), and (c) of this section do not apply to any of the following: \n(i) A licensed terminal distributor of dangerous drugs; \n(ii) A person who possesses, or possesses for sale or sells, at retail, a dangerous drug in \naccordance with Chapters 3719., 4715., 4723., 4725., 4729., 4730., 4731., 4741., and 4772. of the \nRevised Code; \n(iii) Any of the persons identified in divisions (A)(1) to (5) and (18)(17) of section 4729.541 \nof the Revised Code, but only to the extent specified in that section. \n(b) Division (E)(1)(c) of this section does not apply to any of the following: \n(i) A licensed manufacturer, outsourcing facility, third-party logistics provider, repackager, \nor wholesale distributor; \n(ii) Any of the persons identified in divisions (A)(6) to (16) of section 4729.541 of the \nRevised Code, but only to the extent specified in that section. \n(F) No licensed terminal distributor of dangerous drugs or person that is exempt from \nlicensure under section 4729.541 of the Revised Code shall purchase dangerous drugs or \ninvestigational drugs or products from any person other than a licensed manufacturer, outsourcing \nfacility, third-party logistics provider, repackager, or wholesale distributor, except as follows: \n(1) A licensed terminal distributor of dangerous drugs or person that is exempt from \nlicensure under section 4729.541 of the Revised Code may make occasional purchases of dangerous \ndrugs or investigational drugs or products that are sold in accordance with division (A)(1) or (3) of \nthis section. \n(2) A licensed terminal distributor of dangerous drugs having more than one licensed \nlocation may transfer or deliver dangerous drugs or investigational drugs or products from one \n\nSub. H. B. No. 462 136th G.A.\n20\nlicensed location to another licensed location if the license issued for each location is in effect at the \ntime of the transfer or delivery. \n(G) No licensed terminal distributor of dangerous drugs shall engage in the retail sale or \nother distribution of dangerous drugs or investigational drugs or products or maintain possession, \ncustody, or control of dangerous drugs or investigational drugs or products for any purpose other \nthan the distributor\'s personal use or consumption, at any establishment or place other than that or \nthose described in the license issued by the state board of pharmacy to such terminal distributor. \n(H) Nothing in this section shall be construed to interfere with the performance of official \nduties by any law enforcement official authorized by municipal, county, state, or federal law to \ncollect samples of any drug, regardless of its nature or in whose possession it may be. \n(I) Notwithstanding anything to the contrary in this section, the board of education of a city, \nlocal, exempted village, or joint vocational school district may distribute epinephrine autoinjectors \ndelivery systems for use in accordance with section 3313.7110 of the Revised Code, may distribute \ninhalers for use in accordance with section 3313.7113 of the Revised Code, and may distribute \ninjectable or nasally administered glucagon for use in accordance with section 3313.7115 of the \nRevised Code.\nSec. 4729.513. A manufacturer of dangerous drugs may donate inhalers, as defined in \nsection 3313.7113 of the Revised Code, epinephrine autoinjectorsdelivery systems, as defined in \nsection 3313.718 of the Revised Code, or injectable or nasally administered glucagon to any of the \nfollowing:\n(A) The board of education of a city, local, exempted village, or joint vocational school \ndistrict; \n(B) A community school established under Chapter 3314. of the Revised Code; \n(C) A STEM school established under Chapter 3326. of the Revised Code; \n(D) A college-preparatory boarding school established under Chapter 3328. of the Revised \nCode; \n(E) A chartered or nonchartered nonpublic school;\n(F) A residential camp, as defined in section 2151.011 of the Revised Code;\n(G) A child day camp, as defined in section 5104.01 of the Revised Code;\n(H) A child day camp operated by any county, township, municipal corporation, township \npark district created under section 511.18 of the Revised Code, park district created under section \n1545.04 of the Revised Code, or joint recreation district established under section 755.14 of the \nRevised Code.\nSec. 4729.541. (A) Except as provided in divisions (B) and (C) of this section, all of the \nfollowing are exempt from licensure as a terminal distributor of dangerous drugs: \n(1) A licensed health professional authorized to prescribe drugs; \n(2) A business entity that is a corporation formed under division (B) of section 1701.03 of \nthe Revised Code, a limited liability company formed under former Chapter 1705. of the Revised \n\nSub. H. B. No. 462 136th G.A.\n21\nCode as that chapter existed prior to February 11, 2022, or Chapter 1706. of the Revised Code, or a \nprofessional association formed under Chapter 1785. of the Revised Code if the entity has a sole \nshareholder who is a prescriber and is authorized to provide the professional services being offered \nby the entity; \n(3) A business entity that is a corporation formed under division (B) of section 1701.03 of \nthe Revised Code, a limited liability company formed under former Chapter 1705. of the Revised \nCode as that chapter existed prior to February 11, 2022, or Chapter 1706. of the Revised Code, a \npartnership or a limited liability partnership formed under Chapter 1775. of the Revised Code, or a \nprofessional association formed under Chapter 1785. of the Revised Code, if, to be a shareholder, \nmember, or partner, an individual is required to be licensed, certified, or otherwise legally authorized \nunder Title XLVII of the Revised Code to perform the professional service provided by the entity \nand each such individual is a prescriber; \n(4) An individual who holds a current license, certificate, or registration issued under Title \nXLVII of the Revised Code and has been certified to conduct diabetes education by a national \ncertifying body specified in rules adopted by the state board of pharmacy under section 4729.68 of \nthe Revised Code, but only with respect to insulin that will be used for the purpose of diabetes \neducation and only if diabetes education is within the individual\'s scope of practice under statutes \nand rules regulating the individual\'s profession; \n(5) An individual who holds a valid certificate issued by a nationally recognized S.C.U.B.A. \ndiving certifying organization approved by the state board of pharmacy under rules adopted by the \nboard, but only with respect to medical oxygen that will be used for the purpose of emergency care \nor treatment at the scene of a diving emergency; \n(6) With respect to epinephrine autoinjectors delivery systems that may be possessed under \nsection 3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the Revised Code, any of the \nfollowing: the board of education of a city, local, exempted village, or joint vocational school \ndistrict; a chartered or nonchartered nonpublic school; a community school established under \nChapter 3314. of the Revised Code; a STEM school established under Chapter 3326. of the Revised \nCode; or a college-preparatory boarding school established under Chapter 3328. of the Revised \nCode; \n(7) With respect to epinephrine autoinjectors delivery systems that may be possessed under \nsection 5180.26 of the Revised Code, any of the following: a residential camp, as defined in section \n2151.011 of the Revised Code; a child day camp, as defined in section 5104.01 of the Revised Code; \nor a child day camp operated by any county, township, municipal corporation, township park district \ncreated under section 511.18 of the Revised Code, park district created under section 1545.04 of the \nRevised Code, or joint recreation district established under section 755.14 of the Revised Code; \n(8) With respect to epinephrine autoinjectors that may be possessed under Chapter 3728. of \nthe Revised Code, a qualified entity, as defined in section 3728.01 of the Revised Code; \n(9) With respect to inhalers that may be possessed under section 3313.7113, 3313.7114, \n\nSub. H. B. No. 462 136th G.A.\n22\n3314.144, 3326.30, or 3328.30 of the Revised Code, any of the following: the board of education of \na city, local, exempted village, or joint vocational school district; a chartered or nonchartered \nnonpublic school; a community school established under Chapter 3314. of the Revised Code; a \nSTEM school established under Chapter 3326. of the Revised Code; or a college-preparatory \nboarding school established under Chapter 3328. of the Revised Code; \n(10) With respect to inhalers that may be possessed under section 5180.261 of the Revised \nCode, any of the following: a residential camp, as defined in section 2151.011 of the Revised Code; \na child day camp, as defined in section 5104.01 of the Revised Code; or a child day camp operated \nby any county, township, municipal corporation, township park district created under section 511.18 \nof the Revised Code, park district created under section 1545.04 of the Revised Code, or joint \nrecreation district established under section 755.14 of the Revised Code; \n(11) With respect to overdose reversal drugs that may be possessed for the purposes \ndescribed in section 3715.50 of the Revised Code, any person or government entity exercising the \nauthority conferred by that section; \n(12) With respect to overdose reversal drugs that may be possessed for use in personally \nfurnishing supplies of the drug pursuant to a protocol established under section 3715.503 of the \nRevised Code, any individual exercising the authority conferred by that section; \n(13) With respect to injectable or nasally administered glucagon that may be possessed under \nsections 3313.7115, 3313.7116, 3314.147, 3326.60, and 3328.38 of the Revised Code, any of the \nfollowing: the board of education of a city, local, exempted village, or joint vocational school \ndistrict; a chartered or nonchartered nonpublic school; a community school established under \nChapter 3314. of the Revised Code; a STEM school established under Chapter 3326. of the Revised \nCode; or a college-preparatory boarding school established under Chapter 3328. of the Revised \nCode; \n(14) With respect to injectable or nasally administered glucagon that may be possessed under \nsection 5180.262 of the Revised Code, any of the following: a residential camp, as defined in section \n2151.011 of the Revised Code; a child day camp, as defined in section 5104.01 of the Revised Code; \nor a child day camp operated by any county, township, municipal corporation, township park district \ncreated under section 511.18 of the Revised Code, park district created under section 1545.04 of the \nRevised Code, or joint recreation district established under section 755.14 of the Revised Code; \n(15) A person who possesses nitrous oxide for use as a direct ingredient in food pursuant to \n21 C.F.R. 184.1545 or for testing or maintaining a plumbing or heating, ventilation, and air \nconditioning system; \n(16) A person who possesses medical oxygen, sterile water, or sterile saline for direct \nadministration to patients or for the purpose of installation or maintenance of home medical \nequipment, as defined in section 4752.01 of the Revised Code; \n(17) A facility that is owned and operated by the United States department of defense, the \nUnited States department of veterans affairs, or any other federal agency. \n\nSub. H. B. No. 462 136th G.A.\n23\n(B) If a person described in division (A) of this section is a pain management clinic or is \noperating a pain management clinic, the person shall hold a license as a terminal distributor of \ndangerous drugs with a pain management clinic classification issued under section 4729.552 of the \nRevised Code. \n(C) Any of the persons described in divisions (A)(1) to (16) of this section shall hold a \nlicense as a terminal distributor of dangerous drugs in order to possess, have custody or control of, \nand distribute any of the following: \n(1) Dangerous drugs that are compounded or used for the purpose of compounding; \n(2) A schedule I, II, III, IV, or V controlled substance, as defined in section 3719.01 of the \nRevised Code.\nSec. 4729.88. (A) Notwithstanding any conflicting provision of this chapter or rule adopted \nby the state board of pharmacy, a pharmacist may dispense epinephrine delivery systems, including \nepinephrine autoinjectors, pursuant to a prescription issued under section 4723.483, 4730.433, or \n4731.96 of the Revised Code.\nA pharmacist who in good faith dispenses epinephrine delivery systems, including \nautoinjectors, under this division is not liable for or subject to any of the following for any action or \nomission of an entity to which an epinephrine delivery system, including an autoinjector, is \ndispensed: damages in any civil action, prosecution in any criminal proceeding, or professional \ndisciplinary action.\n(B) Notwithstanding any conflicting provision of this chapter or rule adopted by the state \nboard of pharmacy, a pharmacist may dispense injectable or nasally administered glucagon pursuant \nto a prescription issued under section 4723.4811, 4730.437, or 4731.92 of the Revised Code.\nA pharmacist who in good faith dispenses injectable or nasally administered glucagon under \nthis division is not liable for or subject to any of the following for any action or omission of an entity \nto which the drug is dispensed: damages in any civil action, prosecution in any criminal proceeding, \nor professional disciplinary action.\nSec. 4730.433. (A)(1) (A) As used in this section, "epinephrine delivery system" has the \nsame meaning as in section 3313.718 of the Revised Code.\n(B)(1) Subject to division (A)(2)(B)(2) of this section, and notwithstanding any conflicting \nprovision of this chapter or rule adopted by the state medical board, a physician assistant who holds \na license issued under this chapter and a valid prescriber number issued by the state medical board \nand has been granted physician-delegated prescriptive authority may do either any of the following \nwithout having examined an individual to whom epinephrine may be administered:\n(a) Personally furnish a supply of epinephrine autoinjectors for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 \nChapter 3728. of the Revised Code;\n(b) Personally furnish a supply of epinephrine delivery systems for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code;\n\nSub. H. B. No. 462 136th G.A.\n24\n(c) Issue a prescription for epinephrine autoinjectors for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 Chapter 3728. \nof the Revised Code;\n(d) Issue a prescription for epinephrine delivery systems for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code.\n(2) An epinephrine autoinjector personally furnished or prescribed under division (A)(1)(B)\n(1)(a) or (c) of this section must be furnished or prescribed in such a manner that it may be \nadministered only in a manufactured dosage form.\n(B)(C) A physician assistant who acts in good faith in accordance with this section is not \nliable for or subject to any of the following for any action or omission of an entity to which an \nepinephrine delivery system, including an autoinjector, is furnished or a prescription is issued: \ndamages in any civil action, prosecution in any criminal proceeding, or professional disciplinary \naction.\nSec. 4731.96. (A) As used in this section and section 4731.961 of the Revised Code, \n"physician":\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Physician" means an individual authorized under this chapter to practice medicine and \nsurgery, osteopathic medicine and surgery, or podiatric medicine and surgery.\n(B)(1) Subject to division (B)(2) of this section, and notwithstanding any conflicting \nprovision of this chapter or rule adopted by the state medical board, a physician may do either any of \nthe following without having examined an individual to whom epinephrine may be administered:\n(a) Personally furnish a supply of epinephrine autoinjectors for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 \nChapter 3728. of the Revised Code;\n(b) Personally furnish a supply of epinephrine delivery systems for use in accordance with \nsections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code;\n(c) Issue a prescription for epinephrine autoinjectors for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 3728.03 to 3728.05, and 5180.26 Chapter 3728. \nof the Revised Code;\n(d) Issue a prescription for epinephrine delivery systems for use in accordance with sections \n3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, and 5180.26 of the Revised Code.\n(2) An epinephrine autoinjector personally furnished or prescribed under division (B)(1)(B)\n(1)(a) or (c) of this section must be furnished or prescribed in such a manner that it may be \nadministered only in a manufactured dosage form.\n(C) A physician who acts in good faith in accordance with this section is not liable for or \nsubject to any of the following for any action or omission of an entity to which an epinephrine \ndelivery system, including an autoinjector, is furnished or a prescription is issued: damages in any \n\nSub. H. B. No. 462 136th G.A.\n25\ncivil action, prosecution in any criminal proceeding, or professional disciplinary action.\nSec. 4731.961. A As used in this section, "physician" has the same meaning as in section \n4731.96 of the Revised Code.\nA physician who has established a protocol that meets the requirements specified by the state \nboard of pharmacy in rules adopted under section 4729.47 of the Revised Code may authorize one or \nmore pharmacists and any of the pharmacy interns supervised by the pharmacist or pharmacists to \nuse the protocol for the purpose of dispensing epinephrine under section 4729.47 of the Revised \nCode.\nSec. 5180.26. (A) A residential camp, as defined in section 2151.011 of the Revised Code, a \nchild day camp, as defined in section 5104.01 of the Revised Code, or a child day camp operated by \nany county, township, municipal corporation, township park district created under section 511.18 of \nthe Revised Code, park district created under section 1545.04 of the Revised Code, or joint \nrecreation district established under section 755.14 of the Revised Code may procure epinephrine \nautoinjectors delivery systems for use in emergency situations identified under division (C)(5) of \nthis section by doing one of the following: \n(1) Having a licensed health professional authorized to prescribe drugs, acting in accordance \nwith section 4723.483, 4730.433, or 4731.96 of the Revised Code, personally furnish the \nepinephrine autoinjectors delivery systems to the camp or issue a prescription for them in the name \nof the camp; \n(2) Obtaining a prescriber-issued protocol that includes definitive orders for epinephrine \nautoinjectors delivery systems and the dosages of epinephrine to be administered through them. \nA camp that elects to procure epinephrine autoinjectors delivery systems under this section is \nencouraged to maintain at least two epinephrine autoinjectors delivery systems at all times. \n(B) A camp that elects to procure epinephrine autoinjectors delivery systems under this \nsection shall adopt a policy governing their maintenance and use. Before adopting the policy, the \ncamp shall consult with a licensed health professional authorized to prescribe drugs. \n(C) The policy adopted under division (B) of this section shall do all of the following: \n(1) Identify the one or more locations in which an epinephrine autoinjector must be stored; \n(2) Specify the conditions under which an epinephrine autoinjector must be stored, replaced, \nand disposed; \n(3) Specify the individuals employed by or under contract with the camp who may access \nand use an epinephrine autoinjector to provide a dosage of epinephrine to an individual in an \nemergency situation identified under division (C)(5) of this section; \n(4) Specify any training that employees or contractors specified under division (C)(3) of this \nsection must complete before being authorized to access and use an epinephrine autoinjector; \n(5) Identify the emergency situations, including when an individual exhibits signs and \nsymptoms of anaphylaxis, in which employees or contractors specified under division (C)(3) of this \nsection may access and use an epinephrine autoinjector; \n\nSub. H. B. No. 462 136th G.A.\n26\n(6) Specify that assistance from an emergency medical service provider must be requested \nimmediately after an epinephrine autoinjector is used; \n(7) Specify the individuals to whom a dosage of epinephrine may be administered through \nan epinephrine autoinjector in an emergency situation specified under division (C)(5) of this section. \n(D)(1) The following are not liable in damages in a civil action for injury, death, or loss to \nperson or property that allegedly arises from an act or omission associated with procuring, \nmaintaining, accessing, or using an epinephrine autoinjector under this section, unless the act or \nomission constitutes willful or wanton misconduct: \n(a) A camp; \n(b) A camp employee or contractor; \n(c) A licensed health professional authorized to prescribe drugs who personally furnishes or \nprescribes epinephrine autoinjectorsdelivery systems, provides a consultation, or issues a protocol \npursuant to this section. \n(2) This section does not eliminate, limit, or reduce any other immunity or defense that a \ncamp or camp employee or contractor or licensed health professional may be entitled to under \nChapter 2744. or any other provision of the Revised Code or under the common law of this state. \n(E) A camp may accept donations of epinephrine autoinjectors delivery systems from a \nwholesale distributor of dangerous drugs, as defined in section 4729.01 of the Revised Code, and \nmay accept donations of money from any person to purchase epinephrine autoinjectorsdelivery \nsystems. \n(F) A camp that elects to procure epinephrine autoinjectors delivery systems under this \nsection shall report to the department of children and youth each procurement and occurrence in \nwhich an epinephrine autoinjector is used from a camp\'s supply of epinephrine autoinjectorsdelivery \nsystems. \n(G) As used in this section, "licensed :\n(1) "Epinephrine delivery system" has the same meaning as in section 3313.718 of the \nRevised Code.\n(2) "Licensed health professional authorized to prescribe drugs" and \n"prescriber""prescriber," and "wholesale distributor of dangerous drugs" have the same meanings as \nin section 4729.01 of the Revised Code.\nSECTION 2. That existing sections 3301.135, 3313.718, 3313.719, 3313.7110, 3313.7111, \n3314.141, 3314.143, 3326.28, 3328.24, 3328.29, 3728.01, 4723.483, 4729.01, 4729.51, 4729.513, \n4729.541, 4729.88, 4730.433, 4731.96, 4731.961, and 5180.26 of the Revised Code are hereby \nrepealed.\nSECTION 3. The General Assembly, applying the principle stated in division (B) of section \n1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of \n\nSub. H. B. No. 462 136th G.A.\n27\nsimultaneous operation, finds that the following sections, presented in this act as composites of the \nsections as amended by the acts indicated, are the resulting versions of the sections in effect prior to \nthe effective date of the sections as presented in this act:\nSection 3328.24 of the Revised Code as amended by both H.B. 10 and H.B. 96 of the 136th \nGeneral Assembly.\nSection 4729.01 of the Revised Code as amended by H.B. 96, S.B. 56, and S.B. 152, all of \nthe 136th General Assembly.\n\nSub. H. B. No. 462 136th G.A.\nSpeaker ___________________ of the House of Representatives.\nPresident ___________________ of the Senate.\nPassed ________________________, 20____\nApproved ________________________, 20____\nGovernor.\n\nSub. H. B. No. 462 136th G.A.\nThe section numbering of law of a general and permanent nature is \ncomplete and in conformity with the Revised Code.\nDirector, Legislative Service Commission.\nFiled in the office of the Secretary of State at Columbus, Ohio, on the ____ \nday of ___________, A. D. 20____.\nSecretary of State.\nFile No. _________ Effective Date ___________________', 'pages': 29, 'doc_id': '3436386', 'truncated': False, 'extraction': 'source-pdf-text', 'source_url': 'https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb462/05_EN/pdf/', 'observed_at': '2026-10-13T01:30:32.914436+00:00', 'content_hash': 'd0f13c421579c3fd54482d8e1d4ad5fdb5a06bc167d256c53a43034eb2b67df3'}}Collection history starts with our observations; it is not complete legislative amendment history.
Source selection: defense procurement. Observed 2026-10-13T01:30:17.415547+00:00.
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