OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 80 Bill Analysis
135th General Assembly
Click here for H.B. 80’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Lipps
Effective date:
Audra Tidball, Attorney
SUMMARY
 Authorizes pharmacists, in accordance with a statewide written protocol, to conduct
screenings, order lab and diagnostic tests, evaluate the results of screenings and tests,
and treat: the flu, COVID-19, and strep throat.
 Authorizes pharmacists, in accordance with a physician-developed protocol, to
administer by injection (1) HIV treatment drugs in long-acting or extended release forms
and (2) other drugs specified by the State Board of Pharmacy in rules.
DETAILED ANALYSIS
Practice of pharmacy
The bill modifies the services that pharmacists are permitted to provide as part of their
licensed practice. Specifically, as referenced in the statutory definition of “practice of
pharmacy,”1 the bill:
 Authorizes pharmacists, in accordance with a statewide written protocol, to conduct
screenings, order lab and diagnostic tests, evaluate the results of screenings and tests,
and treat limited health conditions, including by initiating drug therapy;2
 Expands the authority of pharmacists to administer injections of drugs by expressly
including HIV treatment drugs administered in long-acting or extended release forms
1 R.C. 4729.01(B).
2 R.C. 4729.21.
April 12, 2023
Office of Research and Drafting LSC Legislative Budget Office
and also by authorizing the State Board of Pharmacy, through rules, to permit other
drugs to be injected.3
Each provision is discussed in greater detail below.
Statewide protocol for pharmacists to screen, test, and treat
The bill authorizes a pharmacist, in accordance with a statewide written protocol to be
developed by the Pharmacy Board in rules, to conduct screenings and order lab and diagnostic
tests, and to evaluate the results of those screenings and tests, in order to treat the flu,
COVID-19, and strep throat.4
Screening and testing
Under the bill, a pharmacist may use any established screening procedure that can
safely be performed by the pharmacist. A pharmacist may use any test to guide diagnosis or
clinical decision-making that qualifies for a waiver under the federal Clinical Laboratory
Improvement Amendments (CLIA) and related federal regulations.5 CLIA regulates U.S. facilities
that perform lab testing on human specimens for health assessment or the diagnosis,
prevention, or treatment of disease. Waived tests must be simple and have a low risk for
erroneous results.6
Under the bill, a pharmacist may delegate technical and administrative tasks associated
with screening and testing to a pharmacy intern, registered pharmacy technician, or certified
pharmacy technician, so long as the intern or technician is working under the direct supervision
of the pharmacist.7
Treatment by initiating drug therapy
The bill authorizes a pharmacist, as part of treating one of the health conditions
identified above, to initiate drug therapy.8
Existing authority
The bill specifies that its provisions are an alternative to existing pharmacist authority to
(1) manage a patient’s drug therapy under a consult agreement with a prescriber and (2) order
3 R.C. 4729.45.
4 R.C. 4729.21(A).
5 R.C. 4729.21(B)(1) and (2).
6Waived Tests, available by searching “CLIA waived tests” on the U.S. Centers for Disease Control and
Prevention’s website: cdc.gov.
7 R.C. 4729.21(B)(3).
8 R.C. 4729.21(C).
P a g e |2 H.B. 80
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
and administer diagnostic tests for COVID-19 and tests for COVID-19 antibodies. The bill does
not modify that existing authority.9
Rules
The bill requires the Pharmacy Board to adopt rules as necessary to implement its
provisions, including establishing the statewide written protocol. The rules must be adopted in
accordance with the Administrative Procedure Act.10
Injections by pharmacists
The bill authorizes a pharmacist to administer by injection the following drugs, if
prescribed by a physician who has an ongoing physician-patient relationship with the patient:11
 An HIV treatment drug administered in a long-acting or extended release form;
 Any other drug that is specified in rules adopted by the Pharmacy Board.
Similar authority exists in current law for a pharmacist to administer by injection
addiction treatment drugs and antipsychotic drugs, both of which must be in long-acting or
extended release forms. Other drugs that a pharmacist may administer by injection include
cobalamin (vitamin B12) and medroxyprogesterone acetate (a contraceptive and hormone
therapy drug marketed under the brand name Depo-Provera). Hydroxyprogesterone caproate
(known by its brand name Makena) is currently listed as a pharmacist-injectable drug, but the
federal government recently withdrew its approval of the drug for reducing the risk of preterm
birth and it is no longer available.12
The bill applies requirements in existing law for pharmacist injections to the new
authority being granted to pharmacists to administer additional injections. These requirements
address pharmacist training, practicing in accordance with a physician-established protocol,
obtaining patient permission, and physician notification.13
If the Pharmacy Board adopts rules to specify other drugs that a pharmacist may
administer by injection, the rules must be adopted in accordance with the Administrative
Procedure Act, and the Pharmacy Board must consult with the State Medical Board.14
9 R.C. 4729.21(E), citing R.C. 4729.39 and 4729.42, not in the bill.
10 R.C. 4729.21(D).
11 R.C. 4729.45(B)(1).
12FDA News Release, available by searching “Makena approval withdrawal” on the U.S. Food and Drug
Administration’s website: fda.gov.
13 R.C. 4729.45(C) through (G).
14 R.C. 4729.45(H)(2) and (3).
P a g e |3 H.B. 80
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 02-27-23
ANHB0080IN-135/ks
P a g e |4 H.B. 80
As Introduced