OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 70* Bill Analysis
135th General Assembly
Click here for H.B. 70’s Fiscal Note
Version: As Reported by Senate Education
Primary Sponsors: Reps. Fowler Arthur and Gross
Effective date:
Lauren Hunsinger, Attorney
SUMMARY
▪ Requires public and chartered nonpublic schools to adopt a policy regarding the
administration of over-the-counter drugs to students.
DETAILED ANALYSIS
Over-the-counter drug policy requirement
The bill requires each public school district and chartered nonpublic school to adopt a
policy regarding the administration of over-the-counter drugs to students.1 A district or school’s
policy may include provisions establishing whether the district will authorize any employees to
administer over-the-counter drugs to students and, if the district or school does authorize
employees to do so, whether the permission of a parent or guardian will be required prior to
administering the over-the-counter drug to a student.2
The over-the-counter drug policy required under the bill does not apply to care given in
certain situations, including:
1. Emergency care occurring at the scene of an emergency outside of a hospital, doctor’s
office, or other place having proper medical equipment;
2. Emergency care administered by a physician, dentist, or nurse volunteering at a school
athletic event;
* This analysis was prepared before the report of the Senate Education Committee appeared in the Senate
Journal. Note that the legislative history may be incomplete.
1 R.C. 3313.713(F).
2 R.C. 3313.713(F)(1) and (2).
November 20, 2024
Office of Research and Drafting LSC Legislative Budget Office
3. Emergency care provided in a school district pursuant to an emergency medical
authorization submitted by a student’s parent or guardian;
4. Emergency use of epinephrine autoinjectors in a school district pursuant to a school policy
regarding their use;
5. Diabetes care provided in accordance with an order signed by a student’s treating
practitioner;
6. Emergency use of inhalers in a school district pursuant to a school policy regarding their
use; and
7. Emergency use of injectable or nasally administered glucagon in a school district pursuant
to a school policy regarding its use.3
Under the bill, school districts and chartered nonpublic schools are permitted to
designate individuals to perform functions related to the school’s prescription and over-the-
counter drug policies and to revise the policies.4 An individual employed by the school district or
school is not required to administer a prescription or over-the-counter drug to a student unless
the district or school’s policy requires them to. The bill prohibits a district or school to require an
employee to administer a prescription or over-the-counter drug to a student if the employee
objects on the basis of religious convictions.5
The bill defines an “over-the-counter drug” as a drug that may be legally sold without a
prescription and that is administered without the instruction of a prescriber. 6
Background on school drug administration policies
Prescription drug administration
Under continuing law, public schools and chartered nonpublic schools are required to
adopt a policy on the administration of prescription drugs. This policy must provide either that
certain school employees are authorized to administer prescription drugs to students or that no
employees are authorized to administer prescription drugs to students, except as required under
the federal Individuals with Disabilities Education Act of 1997.7 The same emergency situations
excluded from an over-the-counter drug policy are excluded from a school’s prescription drug
policy.8
3R.C. 3313.713(F); see also R.C. 2305.23, 2305.231, 3313.712, 3313.7110, 3313.7112, 3313.7113, and
3313.7115, not in the bill.
4 R.C. 3313.713(G) and (H).
5 R.C. 3313.713(I).
6 R.C. 3313.713(A)(2).
7 R.C. 3313.713(B); see also the Individuals with Disabilities Education Act of 1997, 111 Stat. 37, 20 United
States Code 1400, as amended, not in the bill.
8R.C. 3313.713(B); see also R.C. 2305.23, 2305.231, 3313.712, 3313.7110, 3313.7112, 3313.7113, and
3313.7115, not in the bill.
P a g e |2 H.B. 70
As Reported by Senate Education
Office of Research and Drafting LSC Legislative Budget Office
Schools are prohibited from administering a prescription drug to a student prior to
receiving a written request from the student’s parent or guardian, a signed statement from the
prescriber including administration instructions, and receiving the prescription drug in its original
container.9 Districts and schools must store prescription drugs in a locked storage place, except
for prescription drugs requiring refrigeration.10
A person authorized by a district or school to administer a prescription drug and who has
the statements required for prescription drug administration cannot be held liable in civil
damages for administering or failing to administer a prescription drug to a student, unless the
person acted in gross negligence or with wanton or reckless misconduct.11
Drug administration outside of school drug policies
Under continuing law, school drug administration policies do not affect a school district
or chartered nonpublic school’s ability to administer emergency care or treatment under existing
law.12 School drug administration policies also do not affect a school’s ability to participate in a
school-based fluoride mouth rinse program established by the Director of Health, nor do they
restrict the possession or application of nonprescription topical ointments to prevent sunburn.13
HISTORY
Action Date
Introduced 02-27-23
Reported, H. Primary & Secondary Education 12-06-23
Passed House (92-1) 04-24-24
Reported, S. Education ---
anhb0070rs-135/ks
9 R.C. 3313.713(C).
10 R.C. 3313.713(D).
11 R.C. 3313.713(E).
12R.C. 3313.713(I); see also R.C. 2305.23, 2305.231, 3313.712, 3313.7110, 3313.7112, 3313.7113, and
3313.7115, not in the bill.
13 R.C. 3313.713(I) and (J); see also R.C. 3701.136 regarding fluoride mouth rinse programs, not in the bill.
P a g e |3 H.B. 70
As Reported by Senate Education
Statutes affected: As Introduced: 3313.713
As Reported By House Committee: 3313.713
As Passed By House: 3313.713