Ohio Admin. Code 4729:5-15-01

Current through all regulations passed and filed through November 4, 2024

Section 4729:5-15-01 - Animal shelters - definitions

As used in Chapter 4729:5-15 of the Administrative Code:

(A) "Animal shelter" means a facility licensed as terminal distributor of dangerous drugs in accordance with section 4729.531 of the Revised Code or section 4729.54 of the Revised Code. An animal shelter shall be operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter 955. of the Revised Code and shall comply with all requirements set forth in this chapter.

(1) An animal shelter that does not have a licensed veterinarian serving as the responsible person shall obtain a limited license as terminal distributor of dangerous drugs in accordance with section 4729.531 of the Revised Code.

(2) An animal shelter shall ensure that all agents and employees who perform euthanasia, other than registered veterinary technicians or licensed veterinarians, shall successfully complete a euthanasia technician certification course described in section 4729.532 of the Revised Code.

(3) An animal shelter shall comply with the initial licensure and renewal requirements set forth in rule 4729:5-2-02 of the Administrative Code.

(4) The board may suspend, revoke, restrict, limit, or refuse to grant or renew any license issued to an animal shelter in accordance with rule 4729:5-4-01 of the Administrative Code.

(B) "Certified officer" means an individual who meets the requirements established under section 4729.534 of the Revised Code.

(C) "Chemical capture" means using an anesthetic drug or sedative on a companion animal to do any of the following:

(1) Immobilize and capture;

(2) Attempt to immobilize and capture; or

(3) Attempt to immobilize or capture.

(D) "Chemical capture classification" means an authorization for a facility licensed as a terminal distributor of dangerous drugs in accordance with section 4729.532 of the Revised Code to purchase, possess, and administer a combination of drugs for chemical capture.

(E) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(F) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(G) "County dog warden" means a dog warden or deputy dog warden appointed or employed under section 955.12 of the Revised Code.

(1) A county dog warden shall ensure that all agents and employees who perform euthanasia, other than registered veterinary technicians or licensed veterinarians, shall successfully complete a euthanasia technician certification course described in section 4729.532 of the Revised Code.

(2) A county dog warden shall comply with the initial licensure and renewal requirements set forth in rule 4729:5-2-02 of the Administrative Code.

(3) The board may suspend, revoke, restrict, limit, or refuse to grant or renew any license issued to a county dog warden in accordance with rule 4729:5-4-01 of the Administrative Code.

(H) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.

(I) "Euthanasia" has the same meaning as in paragraph (A) of rule 901:12-1-01 of the Administrative Code.

(J) "Euthanasia technician" is an individual that has successfully completed a euthanasia certification course, the curriculum of which has been approved by the veterinary medical licensing board pursuant to section 4729.532 of the Revised Code, and is in possession of a certificate which documents the successful completion of the certification course. For the purposes of this chapter, a euthanasia technician is considered a certified health care professional.

(K) "Personal supervision" means the person specified in rule shall be physically present at the licensed location to deter and detect the diversion of dangerous drugs.

(L) "Personally furnish" or "personally furnishing" means the distribution of dangerous drugs by a prescriber to the prescriber's patients for use outside the prescriber's practice setting. For the purposes of this chapter, the prescriber shall be a veterinarian. A veterinarian at an animal shelter who personally furnishes a dangerous drug shall comply with the requirements of rule 4729:5-20-02 of the Administrative Code.

(M)

(1) "Positive identification" means a method of identifying a person that does not rely on the use of a private personal identifier such as a password, but must use a secure means of identification that includes any of the following:

(a) A manual signature on a hard copy record;

(b) A magnetic card reader;

(c) A bar code reader;

(d) A biometric method;

(e) A proximity badge reader;

(f) A board approved system of randomly generated personal questions;

(g) A printout of every transaction that is verified and manually signed within a reasonable period of time by the individual who performed the action requiring positive identification. The printout must be maintained for three years and made readily retrievable; or

(h) Other effective methods for identifying individuals that have been approved by the board.

(2) A method relying on a magnetic card reader, a bar code reader, a proximity badge reader, or randomly generated questions for identification must also include a private personal identifier, such as a password, for entry into a secure mechanical or electronic system.

(N) "Readily retrievable" means that records maintained in accordance with this chapter shall be kept in such a manner that, upon request, they can be produced for review no later than three business days to an agent, officer or inspector of the board.

(O) "Registered veterinary technician" has the same meaning as in section 4741.01 of the Revised Code.

(P) "Responsible person" has the same meaning as defined in rule 4729:5-2-01 of the Administrative Code and is responsible for the supervision and control of dangerous drugs as required in division (B) of section 4729.55 of the Revised Code, adequate safeguards as required in division (C) of section 4729.55 of the Revised Code, security and control of dangerous drugs, and maintaining all drug records otherwise required.

(Q) "Veterinarian" means an individual licensed by the state of Ohio to practice veterinary medicine pursuant to Chapter 4741. of the Revised Code.

Ohio Admin. Code 4729:5-15-01

Effective: 12/26/2021
Five Year Review (FYR) Dates: 6/21/2021 and 12/26/2026
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.532
Rule Amplifies: 4729.01, 4729.533, 4729.534, 4729.535
Prior Effective Dates: 08/16/1994 (Emer.), 11/25/1994, 01/01/2009, 01/20/2015, 03/12/2020