2006 Ohio Revised Code - 3715.05. Sales of pseudoephedrine products; log book.

§ 3715.05. Sales of pseudoephedrine products; log book.
 

(A)  As used in this section and section 3715.06 of the Revised Code: 

(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans. 

(2) "Drug," "licensed health professional authorized to prescribe drugs," "pharmacy," "prescriber," "prescription," and "terminal distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code. 

(3) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy. 

(4) "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under sections 4507.50 to 4507.52 of the Revised Code that shows a person is eighteen years of age or older. 

(5) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers. 

(6) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following: 

(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form; 

(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine. 

(7) "Retailer" means a place of business that offers consumer products for sale to the general public. 

(8) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient. 

(9) "Wholesaler" has the same meaning as in section 3719.01 of the Revised Code. 

(B)  A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall do all of the following: 

(1) Segregate pseudoephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs; 

(2) With regard to each time a pseudoephedrine product is sold or otherwise provided: 

(a) Determine, by examination of a valid proof of age, that the purchaser or recipient is at least eighteen years of age; 

(b) Make a reasonable attempt to ensure that no individual purchases or receives more than nine grams of pseudoephedrine products within a period of thirty consecutive days; 

(3) Maintain a log book of pseudoephedrine product purchases, in accordance with division (C) of this section. 

(C) (1)  As used in division (C) of this section, "law enforcement official" means an officer or employee of any agency or authority of the United States, a state, a territory, a political division of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law. 

(2) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall maintain a log book of all purchases of pseudoephedrine products. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following: 

(a) Require each purchaser to sign an entry in the log book that is maintained in the electronic or tangible format; 

(b) Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card; 

(c) Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book; 

(d) Include in the log book in the manner described in division (C)(5) of this section or, in the alternative, post, in a conspicuous location, the following statement: "Ohio law prohibits the over-the-counter purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient. If you purchase a consumer product in which pseudoephedrine is the only active ingredient, you are required to sign a log book that may be accessible to law enforcement officers and to provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient, and the purchase by any individual under eighteen years of age of any consumer product in which pseudoephedrine is the only active ingredient, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring any consumer product in which pseudoephedrine is the only active ingredient is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law." 

(3) Each purchaser of a pseudoephedrine product shall do all of the following: 

(a) Sign and print the purchaser's name and address in the log book; 

(b) Provide a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser's identity. 

(4) Information contained in the log book may not be used or disclosed except in the following circumstances: 

(a) In response to a court order or subpoena; 

(b) In response to a request from a law enforcement official to be used for law enforcement purposes. 

(5) If a retailer or terminal distributor of dangerous drugs chooses to include the statement set forth in division (C)(2)(d) of this section in the log book maintained under division (C)(2) of this section, the statement shall be set forth in the following manner: 

(a) If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry. 

(b) If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book. 

(D)  Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the state board of pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the state medical board and its employees for purposes of enforcing Chapter 4731. of the Revised Code. 
 

HISTORY: 151 v S 53, § 1, eff. 5-17-06.
 

Not analogous to former RC § 3715.06 (GC §§ 5777, 5779, 5784; 99 v 258; 100 v 105; 103 v 137; 108 v PtI, 15; 112 v 135; 117 v 156; 120 v 255; Bureau of Code Revision, 10-1-53), repealed 127 v 819(835), § 2, eff 9-13-57.