Establish provisions governing date rape drug testing devices

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 685

2025-2026

Representatives Lett, Schmidt

Cosponsors: Representatives Russo,
Rader, Salvo, Brennan, Piccolantonio, White, A., Synenberg, Troy,
Brent, Brownlee, Sims, Hall, D.

To
enact
sections

4301.73

and 4301.731

of the Revised Code
to
establish provisions governing date rape drug testing devices.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That

sections

4301.73

and 4301.731

of the Revised Code be enacted to read as follows:

Sec.
4301.73.
(A)
As used in this section and section 4301.731 of the Revised Code:

(1)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(2)
"D class permit" does not include a D-6 or D-8 permit.

(3)
"Date rape drug" means any of the following:

(a)
Gamma hydroxybutyric acid (GHB) or any controlled substance analogue
of GHB, including gamma butyrolactone (GBL) or 1,4–butanediol;

(b)
Ketamine;

(c)
Flunitrazepam;

(d)
Any other substance that has effects that are similar to or the same
as those drugs listed in divisions (A)(3)(a) to (c) of this section.

(4)
"Drink drug testing device" means a device that does all of
the following:

(a)
Utilizes test strips or similar technologies to detect the presence
of drugs in beer or intoxicating liquor;

(b)
Is capable of detecting the presence of at least ten controlled
substances;

(c)
Is capable of providing results in not more than five minutes after
beer or intoxicating liquor is tested by the device;

(d)
Is manufactured in the United States or its territories.

(5)
"Qualified permit holder" means the holder of an A-1-A or D
class permit issued under Chapter 4303. of the Revised Code.

(B)
A qualified permit holder shall do all of the following:

(1)
Post a notice in a prominent and conspicuous location that informs
customers of the availability of a drink drug testing device;

(2)
Provide a drink drug testing device for free or at a cost not to
exceed a reasonable amount based on the wholesale cost of those
devices;

(3)
Ensure that all drink drug testing devices offered to customers have
not exceeded their expiration dates or recommended periods of use,
according to the product label.

(C)
A qualified permit holder is not liable for a defective test or
inaccurate test result of a drink drug testing device, including a
false positive or false negative test result.

Sec.
4301.731.
(A)
The division of liquor control may establish a mechanism for
consumers and qualified permit holders to voluntarily report positive
results from drink drug testing devices.

(B)
If the division establishes a reporting mechanism under division (A)
of this section, the division shall do all of the following regarding
any data collected pursuant to that division:

(1)
Eliminate any personal identifying information relating to the
consumer or qualified permit holder that reported the information;

(2)
Aggregate the data;

(3)
Analyze the data for trend analysis, public safety assessments, and
prevention efforts;

(4)
Ensure that the data is publicly accessible.

(C)
If the division establishes a voluntary reporting mechanism under
division (A) of this section, the division shall not use the data as
the basis for any enforcement actions against a qualified permit
holder.