Amendment No. am_136_0797

S. B. No. 152

As Passed by the Senate

__________________________ moved to amend as follows:

In line 1 of the title, after "4729.01" insert ", 4729.36"

In line 5 of the title, after "drugs" insert "and to modify the law regarding the use of terms that are limited to pharmacies and pharmacists"

In line 6, after "4729.01" insert ", 4729.36"

After line 295, insert:

"Sec. 4729.36. (A) No place except a pharmacy licensed as a terminal distributor of dangerous drugs and no person except a licensed pharmacist shall knowingly display any sign or advertise in any fashion, using the words "pharmacy," "drugs," "drug store," "drug store supplies," "pharmacist," "druggist," "pharmaceutical chemist," "apothecary," "drug sundries," or "medicine," or knowingly use any of these words or their equivalent, of those words in any manner that would lead or tend to lead the public to believe that the place is a pharmacy or the person is a pharmacist.

(B) A pharmacy making retail sales may advertise by name or therapeutic class the availability for sale or dispensing of any dangerous drug provided that the advertising includes the price information specified in the definition of that term in section 4729.01 of the Revised Code."

In line 706, after "4729.01" insert ", 4729.36"

The motion was __________ agreed to.

SYNOPSIS

Use of "apothecary" and other pharmacy-related terms

R.C. 4729.36

Eliminates the existing prohibition against the term "apothecary" being used in a sign or advertisement by entities other than pharmacies and pharmacists.

Specifies that any term equivalent to a term currently reserved for use by only a pharmacy or pharmacist cannot be used by any other entity if the term would lead or tend to lead the public to believe that a place or person is a pharmacy or pharmacist, respectively.

Adds the culpable mental state of "knowingly" to the existing offense of a non-pharmacist displaying a sign or advertisement that uses a term reserved for use by only a pharmacy or pharmacist, and extends the same "knowingly" standard to the new offense of unauthorized use of other terms related to pharmacies and pharmacists.