Bill Text: OH HB71 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To create the Ohio Official Prescription Program and to require prescribers and pharmacists to obtain information from the Ohio Automated Rx Reporting System.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-01 - To Health & Aging [HB71 Detail]
Download: Ohio-2011-HB71-Introduced.html
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Representative Luckie
Cosponsor:
Representative Boyd
To amend sections 4729.75, 4729.79, 4729.83, and | 1 |
4729.99 and to enact sections 4729.791, 4729.85, | 2 |
4729.86, 4729.861, 4729.87, 4729.871, 4729.88, | 3 |
4729.89, 4729.90, 4729.91, and 4729.92 of the | 4 |
Revised Code to create the Ohio Official | 5 |
Prescription Program and to require prescribers | 6 |
and pharmacists to obtain information from the | 7 |
Ohio Automated Rx Reporting System. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4729.75, 4729.79, 4729.83, and | 9 |
4729.99 be amended and sections 4729.791, 4729.85, 4729.86, | 10 |
4729.861, 4729.87, 4729.871, 4729.88, 4729.89, 4729.90, 4729.91, | 11 |
and 4729.92 of the Revised Code be enacted to read as follows: | 12 |
Sec. 4729.75. The state board of pharmacy may establish and | 13 |
maintain a drug database. The board shall use the drug database to | 14 |
monitor the misuse and diversion of controlled substances, as | 15 |
defined in section 3719.01 of the Revised Code, and other | 16 |
dangerous drugs the board includes in the database pursuant to | 17 |
rules adopted under section 4729.83 of the Revised Code. In | 18 |
establishing and maintaining the database, the board shall | 19 |
electronically collect information pursuant to sections 4729.77 | 20 |
and 4729.78 of the Revised Code and shall disseminate information | 21 |
as authorized | 22 |
required by sections 4729.791 and 4729.80 of the Revised Code. The | 23 |
board's collection and dissemination of information shall be | 24 |
conducted in accordance with rules adopted under section 4729.83 | 25 |
of the Revised Code. | 26 |
Sec. 4729.79. (A) If the state board of pharmacy establishes | 27 |
and maintains a drug database pursuant to section 4729.75 of the | 28 |
Revised Code, the board may provide information from the database | 29 |
in accordance with the following: | 30 |
(1) On receipt of a request from a designated representative | 31 |
of a government entity responsible for the licensure, regulation, | 32 |
or discipline of licensed health | 33 |
prescribe drugs, the board may provide to the representative | 34 |
information from the database relating to the professional who is | 35 |
the subject of an active investigation being conducted by the | 36 |
government entity. | 37 |
(2) On receipt of a request from a federal officer, or a | 38 |
state or local officer of this or any other state, whose duties | 39 |
include enforcing laws relating to drugs, the board may provide to | 40 |
the officer information from the database relating to the person | 41 |
who is the subject of an active investigation being conducted by | 42 |
the officer's employing government entity. | 43 |
(3) Pursuant to a subpoena issued by a grand jury, the board | 44 |
may provide to the grand jury information from the database | 45 |
relating to the person who is the subject of an investigation | 46 |
being conducted by the grand jury. | 47 |
(4) | 48 |
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| 54 |
individual's own database information in accordance with the | 55 |
procedure established in rules adopted under section 4729.83 of | 56 |
the Revised Code, the board may provide to the individual the | 57 |
individual's own database information. | 58 |
(B) The state board of pharmacy shall maintain a record of | 59 |
each individual or entity that requests information from the | 60 |
database pursuant to this section. In accordance with rules | 61 |
adopted under section 4729.83 of the Revised Code, the board may | 62 |
use the records to document and report statistics and law | 63 |
enforcement outcomes. | 64 |
The board may provide records of an individual's requests for | 65 |
database information to the following: | 66 |
(1) A designated representative of a government entity that | 67 |
is responsible for the licensure, regulation, or discipline of | 68 |
licensed health care professionals authorized to prescribe drugs | 69 |
who is involved in an active investigation being conducted by the | 70 |
government entity of the individual who submitted the requests for | 71 |
database information; | 72 |
(2) A federal officer, or a state or local officer of this or | 73 |
any other state, whose duties include enforcing laws relating to | 74 |
drugs and who is involved in an active investigation being | 75 |
conducted by the officer's employing government entity of the | 76 |
individual who submitted the requests for database information. | 77 |
(C) Information contained in the database and any information | 78 |
obtained from it is not a public record. Information contained in | 79 |
the records of requests for information from the database is not a | 80 |
public record. Information that does not identify a person may be | 81 |
released in summary, statistical, or aggregate form. | 82 |
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Sec. 4729.791. (A) If the state board of pharmacy establishes | 90 |
and maintains a drug database pursuant to section 4729.75 of the | 91 |
Revised Code, the board shall grant access to the information in | 92 |
the database to each licensed health professional authorized to | 93 |
prescribe drugs and to each pharmacist practicing in this state. | 94 |
The board shall grant access to the database in a manner that | 95 |
enables each prescriber and pharmacist to comply with division (B) | 96 |
of this section. | 97 |
(B) Before a prescriber issues a prescription to a patient | 98 |
for a drug included in the database and before a pharmacist | 99 |
dispenses such a drug, the prescriber and pharmacist shall review | 100 |
information in the database that pertains to the patient. At any | 101 |
other time, a prescriber or pharmacist may review information in | 102 |
the database pertaining to a patient for the purpose of providing | 103 |
medical treatment or pharmacist services to the patient. | 104 |
(C) A prescriber or pharmacist shall not be held liable in | 105 |
damages to any person in a civil action for injury, death, or loss | 106 |
to person or property on the basis that the prescriber or | 107 |
pharmacist did or did not review information in the database | 108 |
pertaining to a patient. | 109 |
Sec. 4729.83. For purposes of establishing and maintaining a | 110 |
drug database pursuant to section 4729.75 of the Revised Code, the | 111 |
state board of pharmacy shall adopt rules in accordance with | 112 |
Chapter 119. of the Revised Code to carry out and enforce sections | 113 |
4729.75 to 4729.82 of the Revised Code. The rules shall specify | 114 |
all of the following: | 115 |
(A) A means of identifying each patient, terminal distributor | 116 |
of dangerous drugs, and each purchase at wholesale of dangerous | 117 |
drugs about which information is entered into the drug database; | 118 |
(B) Requirements for the transmission of information from | 119 |
terminal distributors and wholesale distributors of dangerous | 120 |
drugs for purposes of the database; | 121 |
(C) An electronic format for the submission of information | 122 |
from terminal distributors and wholesale distributors of dangerous | 123 |
drugs; | 124 |
(D) A procedure whereby a terminal distributor or a wholesale | 125 |
distributor of dangerous drugs unable to submit information | 126 |
electronically may obtain a waiver to submit information in | 127 |
another format; | 128 |
(E) A procedure whereby the board may grant a request from a | 129 |
law enforcement agency or a government entity responsible for the | 130 |
licensure, regulation, or discipline of licensed health care | 131 |
professionals authorized to prescribe drugs that information that | 132 |
has been stored for two years be retained when the information | 133 |
pertains to an open investigation being conducted by the agency or | 134 |
entity; | 135 |
(F) A procedure whereby a terminal or wholesale distributor | 136 |
may apply for an extension to the time by which information must | 137 |
be transmitted to the board; | 138 |
(G) A procedure whereby a person or government entity to | 139 |
which the board is authorized to provide information may submit a | 140 |
request to the board for the information and the board may verify | 141 |
the identity of the requestor; | 142 |
(H) A procedure whereby the board can use the database | 143 |
request records required by division (B) of section 4729.79 of the | 144 |
Revised Code to document and report statistics and law enforcement | 145 |
outcomes; | 146 |
(I) A procedure whereby an individual may request the | 147 |
individual's own database information and the board may verify the | 148 |
identity of the requestor; | 149 |
(J) A reasonable fee that the board may charge under section | 150 |
4729.82 of the Revised Code for providing an individual with the | 151 |
individual's own database information pursuant to section 4729.79 | 152 |
of the Revised Code; | 153 |
(K) The specific dangerous drugs other than controlled | 154 |
substances that must be included in the database; | 155 |
(L) The types of pharmacies licensed as terminal distributors | 156 |
of dangerous drugs that are required to submit prescription | 157 |
information to the board pursuant to section 4729.77 of the | 158 |
Revised Code; | 159 |
(M) The manner in which prescribers and pharmacists are to be | 160 |
granted access to information in the database for purposes of | 161 |
section 4729.791 of the Revised Code. | 162 |
Sec. 4729.85. (A) There is hereby created the Ohio official | 163 |
prescription program. The state board of pharmacy shall implement | 164 |
and administer the program in accordance with sections 4729.85 to | 165 |
4729.92 of the Revised Code. | 166 |
(B) The board may establish an advisory committee to assist | 167 |
the board with the implementation and administration of the | 168 |
program. If the board establishes the committee, the board shall | 169 |
appoint members in such a manner that the constituencies with | 170 |
interests in the program, as determined by the board, have | 171 |
representation on the committee. | 172 |
Sec. 4729.86. (A) The state board of pharmacy shall prepare | 173 |
an official prescription form that meets all of the following | 174 |
requirements: | 175 |
(1) Contains one or more industry-recognized features | 176 |
designed to prevent the unauthorized copying of a completed or | 177 |
blank prescription form; | 178 |
(2) Contains one or more industry-recognized features | 179 |
designed to prevent the erasure or modification of information | 180 |
written on the prescription form; | 181 |
(3) Contains one or more industry-recognized features | 182 |
designed to prevent the use of counterfeit prescription forms; | 183 |
(4) Contains a unique identification number; | 184 |
(5) Any other requirement necessary for compliance with 42 | 185 |
U.S.C. 1396b(i)(23). | 186 |
(B) Beginning twelve months after the effective date of this | 187 |
section, the board shall do all of the following: | 188 |
(1) On the request of a prescriber who is practicing in this | 189 |
state and has paid the program maintenance fee in accordance with | 190 |
section 4729.88 of the Revised Code, issue official prescription | 191 |
forms to the prescriber in quantities and at intervals the board | 192 |
determines appropriate; | 193 |
(2) Keep records indicating which unique identification | 194 |
numbers are issued with the official prescription forms and which | 195 |
prescribers received those numbers; | 196 |
(3) Cease to issue official prescription forms to prescribers | 197 |
if the board determines that at least ninety per cent of the | 198 |
prescriptions issued in this state are being transmitted to | 199 |
pharmacies through electronic prescription transmission systems. | 200 |
(C) For purposes of determining under division (B)(3) of this | 201 |
section, the percentage of prescriptions that are transmitted | 202 |
through electronic prescription transmission systems, the board | 203 |
shall select the criteria to be used in making the determination, | 204 |
including the period of time that is to be represented by the | 205 |
percentage. | 206 |
Sec. 4729.861. The state board of pharmacy may fulfill its | 207 |
duties under section 4729.86 of the Revised Code by contracting | 208 |
with a vendor for the preparation and issuance of official | 209 |
prescription forms. To be eligible for the contract, each printing | 210 |
facility used by the vendor to print official prescription forms | 211 |
must have a two-year history of audits conducted pursuant to the | 212 |
statement on auditing standards number 70 of the American | 213 |
institute of certified public accountants and must maintain annual | 214 |
audits conducted pursuant to the statement on auditing standards | 215 |
number 70. | 216 |
If the board contracts with a vendor under this section, the | 217 |
board shall establish security requirements for the procurement of | 218 |
official prescription forms through the vendor. | 219 |
Sec. 4729.87. (A) A prescriber shall notify the state board | 220 |
of pharmacy when either of the following events occurs: | 221 |
(1) Loss, destruction, theft, or unauthorized use of an | 222 |
official prescription form issued to the prescriber under section | 223 |
4729.86 of the Revised Code; | 224 |
(2) Failure to receive official prescription forms requested | 225 |
under section 4729.86 of the Revised Code. | 226 |
(B) The notification required under division (A)(1) of this | 227 |
section shall be made immediately. The notification required under | 228 |
division (A)(2) of this section shall be made within a reasonable | 229 |
time after the prescriber requests the forms from the board. | 230 |
Sec. 4729.871. (A)(1) Beginning twelve months after the | 231 |
effective date of this section, the state board of pharmacy shall | 232 |
provide pharmacies or pharmacists in this state with a list of all | 233 |
unique identification numbers marked on the official prescription | 234 |
forms that are reported under section 4729.87 of the Revised Code | 235 |
as being lost, destroyed, stolen, used without authorization, or | 236 |
not received. | 237 |
(2) A pharmacy or pharmacist shall not dispense a drug | 238 |
pursuant to a prescription that is subject to the Ohio official | 239 |
prescription program if the prescription contains a unique | 240 |
identification number included on the list provided under division | 241 |
(A)(1) of this section. | 242 |
(B)(1) Beginning twelve months after the effective date of | 243 |
this section or when the department of job and family services | 244 |
determines it is capable of using the unique identification | 245 |
numbers described in section 4729.86 of the Revised Code for | 246 |
purposes of the prescription drug coverage provided under the | 247 |
medicaid program established under Chapter 5111. of the Revised | 248 |
Code, whichever is later, the board shall provide the department | 249 |
with a list containing the following: | 250 |
(a) All unique identification numbers marked on the official | 251 |
prescription forms issued under section 4729.86 of the Revised | 252 |
Code; | 253 |
(b) All unique identification numbers marked on the forms | 254 |
that are reported under section 4729.87 of the Revised Code as | 255 |
being lost, destroyed, stolen, used without authorization, or not | 256 |
received. | 257 |
(2) When processing claims for payment under the medicaid | 258 |
program for drugs dispensed pursuant to prescriptions that are | 259 |
subject to division (B) of section 4729.89 of the Revised Code, | 260 |
the department shall deny a claim that is associated with such a | 261 |
prescription if the prescription was not written on an official | 262 |
prescription form issued under section 4729.86 of the Revised Code | 263 |
or the prescription contained a unique identification number | 264 |
included pursuant to division (B)(1)(b) of this section on the | 265 |
list provided under division (B)(1) of this section. | 266 |
(C) Beginning twelve months after the effective date of this | 267 |
section, the board may provide the list described in division | 268 |
(B)(1) of this section to any entity that provides health care | 269 |
coverage for prescription drugs, including a health insuring | 270 |
corporation, sickness and accident insurer, or public or private | 271 |
employer that offers health care benefits through a self-insurance | 272 |
plan or other self-insurance system. The board may impose a fee | 273 |
for providing the list under this division in an amount | 274 |
established by the board in rules adopted under section 4729.92 of | 275 |
the Revised Code. | 276 |
(D) The lists provided by the board under this section shall | 277 |
be provided in a format and at intervals established by the board | 278 |
in rules adopted under section 4729.92 of the Revised Code. The | 279 |
board may issue updates to the lists in a format and at intervals | 280 |
established by the board in those rules. | 281 |
Sec. 4729.88. (A) Except as provided in division (D) of this | 282 |
section, each prescriber who is practicing in this state shall pay | 283 |
to the state board of pharmacy a program maintenance fee. The | 284 |
board shall not issue official prescription forms to a prescriber | 285 |
who has not paid the fee in accordance with this section. | 286 |
(B) In each of the five years immediately following the | 287 |
effective date of this section, the board shall assess the program | 288 |
maintenance fee on each prescriber who intends to practice in this | 289 |
state during the year for which the fee is assessed. The board | 290 |
shall select the date on which payment of the fee is due. | 291 |
(C)(1) The amount of the program maintenance fee shall be as | 292 |
follows: | 293 |
(a) For prescribers who issue one hundred or more | 294 |
prescriptions annually, one hundred dollars; | 295 |
(b) For prescribers who issue fewer than one hundred | 296 |
prescriptions annually, fifty dollars; | 297 |
(c) For prescribers who serve primarily as instructors at the | 298 |
university or college level, fifty dollars. | 299 |
(2) For purposes of determining the amount of a prescriber's | 300 |
program maintenance fee, each prescriber who is required to pay | 301 |
the fee shall provide to the board, in a format selected by the | 302 |
board, the total number of prescriptions issued by that prescriber | 303 |
in the calendar year immediately preceding the year for which the | 304 |
fee is being assessed. | 305 |
(D) The program maintenance fee does not apply to a | 306 |
prescriber who issues prescriptions only through an electronic | 307 |
prescription transmission system except when the prescriber is | 308 |
required to issue a written prescription because the drug being | 309 |
prescribed is a controlled substance. | 310 |
Sec. 4729.89. (A) As used in this section, "institutional | 311 |
facility" means either of the following at which medical care is | 312 |
provided on site and medical records documenting episodes of care, | 313 |
including drugs ordered and administered, are maintained: | 314 |
(1) A hospital as defined in section 3727.01 of the Revised | 315 |
Code; | 316 |
(2) A facility licensed by the state board of pharmacy and by | 317 |
the department of health, department of rehabilitation and | 318 |
correction, or department of developmental disabilities. | 319 |
(B)(1) Except as provided in division (B)(2) of this section, | 320 |
beginning eighteen months after the effective date of this | 321 |
section, no prescriber shall issue a prescription unless the | 322 |
prescription is written on an official prescription form issued | 323 |
under section 4729.86 of the Revised Code. | 324 |
(2) Division (B)(1) of this section does not apply to any of | 325 |
the following: | 326 |
(a) A prescription that is transmitted to a pharmacy through | 327 |
an electronic prescription transmission system; | 328 |
(b) A prescription that is transmitted to a pharmacy by a | 329 |
facsimile machine; | 330 |
(c) A prescription that is an oral order for drugs that is | 331 |
later reduced to writing; | 332 |
(d) A prescription for a patient in an institutional | 333 |
facility; | 334 |
(e) A prescription issued outside this state. | 335 |
(C) Beginning eighteen months after the effective date of | 336 |
this section, no pharmacist shall dispense a drug pursuant to a | 337 |
prescription that is subject to division (B) of this section if | 338 |
the prescription is not written on an official prescription form | 339 |
issued under section 4729.86 of the Revised Code. | 340 |
(D) No prescriber shall fail to comply with section 4729.87 | 341 |
of the Revised Code. | 342 |
(E) Beginning eighteen months after the effective date of | 343 |
this section, no prescriber shall issue a written prescription on | 344 |
a prescription form that was not issued to the prescriber under | 345 |
section 4729.86 of the Revised Code. | 346 |
(F) Beginning eighteen months after the effective date of | 347 |
this section, no prescriber to whom an official prescription form | 348 |
is issued under section 4729.86 of the Revised Code shall transfer | 349 |
the form to another prescriber. | 350 |
Sec. 4729.90. There is hereby created in the state treasury | 351 |
the Ohio official prescription program fund. All moneys received | 352 |
under sections 4729.85 to 4729.92 of the Revised Code shall be | 353 |
deposited in the fund. The moneys in the fund shall be used solely | 354 |
for purposes of implementing and administering the Ohio official | 355 |
prescription program and, if a drug database is established and | 356 |
maintained pursuant to section 4729.75 of the Revised Code, for | 357 |
purposes of implementing and administering sections 4729.75 to | 358 |
4729.84 of the Revised Code. | 359 |
Sec. 4729.91. A pharmacy, pharmacist, or prescriber is not | 360 |
liable for damages in a civil action or subject to disciplinary | 361 |
action by the state board of pharmacy for acting in good faith in | 362 |
complying with the Ohio official prescription program pursuant to | 363 |
sections 4729.85 to 4729.92 of the Revised Code. | 364 |
Sec. 4729.92. In accordance with Chapter 119. of the Revised | 365 |
Code, the state board of pharmacy shall adopt rules that the board | 366 |
considers necessary to implement and administer the Ohio official | 367 |
prescription program under sections 4729.85 to 4729.92 of the | 368 |
Revised Code. | 369 |
Sec. 4729.99. (A) Whoever violates section 4729.16, division | 370 |
(A) or (B) of section 4729.38, or section 4729.57 of the Revised | 371 |
Code is guilty of a minor misdemeanor. Each day's violation | 372 |
constitutes a separate offense. | 373 |
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of | 374 |
the Revised Code is guilty of a misdemeanor of the third degree. | 375 |
Each day's violation constitutes a separate offense. If the | 376 |
offender previously has been convicted of or pleaded guilty to a | 377 |
violation of this chapter, that person is guilty of a misdemeanor | 378 |
of the second degree. | 379 |
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of | 380 |
the Revised Code is guilty of a misdemeanor. | 381 |
(D) Whoever violates division (A), (B), (D), or (E) of | 382 |
section 4729.51 of the Revised Code is guilty of a misdemeanor of | 383 |
the first degree. | 384 |
(E)(1) Whoever violates section 4729.37, division (C)(2) of | 385 |
section 4729.51, division (J) of section 4729.54, or section | 386 |
4729.61 of the Revised Code is guilty of a felony of the fifth | 387 |
degree. If the offender previously has been convicted of or | 388 |
pleaded guilty to a violation of this chapter or a violation of | 389 |
Chapter 2925. or 3719. of the Revised Code, that person is guilty | 390 |
of a felony of the fourth degree. | 391 |
(2) If an offender is convicted of or pleads guilty to a | 392 |
violation of section 4729.37, division (C) of section 4729.51, | 393 |
division (J) of section 4729.54, or section 4729.61 of the Revised | 394 |
Code, if the violation involves the sale, offer to sell, or | 395 |
possession of a schedule I or II controlled substance, with the | 396 |
exception of marihuana, and if the court imposing sentence upon | 397 |
the offender finds that the offender as a result of the violation | 398 |
is a major drug offender, as defined in section 2929.01 of the | 399 |
Revised Code, and is guilty of a specification of the type | 400 |
described in section 2941.1410 of the Revised Code, the court, in | 401 |
lieu of the prison term authorized or required by division (E)(1) | 402 |
of this section and sections 2929.13 and 2929.14 of the Revised | 403 |
Code and in addition to any other sanction imposed for the offense | 404 |
under sections 2929.11 to 2929.18 of the Revised Code, shall | 405 |
impose upon the offender, in accordance with division (D)(3)(a) of | 406 |
section 2929.14 of the Revised Code, the mandatory prison term | 407 |
specified in that division and may impose an additional prison | 408 |
term under division (D)(3)(b) of that section. | 409 |
(3) Notwithstanding any contrary provision of section 3719.21 | 410 |
of the Revised Code, the clerk of court shall pay any fine imposed | 411 |
for a violation of section 4729.37, division (C) of section | 412 |
4729.51, division (J) of section 4729.54, or section 4729.61 of | 413 |
the Revised Code pursuant to division (A) of section 2929.18 of | 414 |
the Revised Code in accordance with and subject to the | 415 |
requirements of division (F) of section 2925.03 of the Revised | 416 |
Code. The agency that receives the fine shall use the fine as | 417 |
specified in division (F) of section 2925.03 of the Revised Code. | 418 |
(F) Whoever violates section 4729.531 of the Revised Code or | 419 |
any rule adopted thereunder or section 4729.532 of the Revised | 420 |
Code is guilty of a misdemeanor of the first degree. | 421 |
(G) Whoever violates division (C)(1) of section 4729.51 of | 422 |
the Revised Code is guilty of a felony of the fourth degree. If | 423 |
the offender has previously been convicted of or pleaded guilty to | 424 |
a violation of this chapter, or of a violation of Chapter 2925. or | 425 |
3719. of the Revised Code, that person is guilty of a felony of | 426 |
the third degree. | 427 |
(H) Whoever violates division (C)(3) of section 4729.51 of | 428 |
the Revised Code is guilty of a misdemeanor of the first degree. | 429 |
If the offender has previously been convicted of or pleaded guilty | 430 |
to a violation of this chapter, or of a violation of Chapter 2925. | 431 |
or 3719. of the Revised Code, that person is guilty of a felony of | 432 |
the fifth degree. | 433 |
(I)(1) Whoever violates division (B) of section 4729.42 of | 434 |
the Revised Code is guilty of unauthorized pharmacy-related drug | 435 |
conduct. Except as otherwise provided in this section, | 436 |
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 437 |
second degree. If the offender previously has been convicted of or | 438 |
pleaded guilty to a violation of division (B), (C), (D), or (E) of | 439 |
that section, unauthorized pharmacy-related drug conduct is a | 440 |
misdemeanor of the first degree on a second offense and a felony | 441 |
of the fifth degree on a third or subsequent offense. | 442 |
(2) Whoever violates division (C) or (D) of section 4729.42 | 443 |
of the Revised Code is guilty of permitting unauthorized | 444 |
pharmacy-related drug conduct. Except as otherwise provided in | 445 |
this section, permitting unauthorized pharmacy-related drug | 446 |
conduct is a misdemeanor of the second degree. If the offender | 447 |
previously has been convicted of or pleaded guilty to a violation | 448 |
of division (B), (C), (D), or (E) of that section, permitting | 449 |
unauthorized pharmacy-related drug conduct is a misdemeanor of the | 450 |
first degree on a second offense and a felony of the fifth degree | 451 |
on a third or subsequent offense. | 452 |
(3) Whoever violates division (E) of section 4729.42 of the | 453 |
Revised Code is guilty of the offense of falsification under | 454 |
section 2921.13 of the Revised Code. In addition to any other | 455 |
sanction imposed for the violation, the offender is forever | 456 |
disqualified from engaging in any activity specified in division | 457 |
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and | 458 |
from performing any function as a health care professional or | 459 |
health care worker. As used in this division, "health care | 460 |
professional" and "health care worker" have the same meanings as | 461 |
in section 2305.234 of the Revised Code. | 462 |
(4) Notwithstanding any contrary provision of section 3719.21 | 463 |
of the Revised Code or any other provision of law that governs the | 464 |
distribution of fines, the clerk of the court shall pay any fine | 465 |
imposed pursuant to division (I)(1), (2), or (3) of this section | 466 |
to the state board of pharmacy if the board has adopted a written | 467 |
internal control policy under division (F)(2) of section 2925.03 | 468 |
of the Revised Code that addresses fine moneys that it receives | 469 |
under Chapter 2925. of the Revised Code and if the policy also | 470 |
addresses fine moneys paid under this division. The state board of | 471 |
pharmacy shall use the fines so paid in accordance with the | 472 |
written internal control policy to subsidize the board's law | 473 |
enforcement efforts that pertain to drug offenses. | 474 |
(J) Whoever violates section 4729.89 of the Revised Code is | 475 |
guilty of a misdemeanor of the fourth degree. | 476 |
Section 2. That existing sections 4729.75, 4729.79, 4729.83, | 477 |
and 4729.99 of the Revised Code are hereby repealed. | 478 |
Section 3. Section 4729.99 of the Revised Code, as amended | 479 |
by this act, shall take effect eighteen months after the effective | 480 |
date of this act. | 481 |
Section 4. As used in this section, "prescriber" has the | 482 |
same meaning as in section 4729.01 of the Revised Code. | 483 |
Notwithstanding the provisions of section 4729.88 of the | 484 |
Revised Code that require prescribers to pay an annual program | 485 |
maintenance fee, each prescriber shall pay an initial prorated | 486 |
program maintenance fee as determined by the State Board of | 487 |
Pharmacy to cover the period between the effective date of this | 488 |
act and the following June 30. Thereafter the fee shall be paid in | 489 |
accordance with section 4729.88 of the Revised Code. The Board | 490 |
shall issue official prescription forms in quantities that the | 491 |
Board determines appropriate to prescribers who pay the fee | 492 |
required by this section. | 493 |