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To amend sections 4729.38 and 4729.99 and to enact | 1 |
section 4729.382 of the Revised Code regarding | 2 |
substitution of drugs intended to treat epilepsy. | 3 |
Section 1. That sections 4729.38 and 4729.99 be amended and | 4 |
section 4729.382 of the Revised Code be enacted to read as | 5 |
follows: | 6 |
Sec. 4729.38. (A) Unless instructed otherwise by the person | 7 |
receiving the drug pursuant to the prescription, a pharmacist | 8 |
filling a prescription for a drug prescribed by its brand name may | 9 |
select a generically equivalent drug, as defined in section | 10 |
3715.01 of the Revised Code, subject to the following conditions: | 11 |
(1) The pharmacist shall not select a generically equivalent | 12 |
drug if the prescriber handwrites "dispense as written," or | 13 |
"D.A.W.," on the written prescription, or, when ordering a | 14 |
prescription electronically or orally, the prescriber specifies | 15 |
that the prescribed drug is medically necessary. These | 16 |
designations shall not be preprinted or stamped on the | 17 |
prescription. Division (A)(1) of this section does not preclude a | 18 |
reminder of the procedure required to prohibit the selection of a | 19 |
generically equivalent drug from being preprinted on the | 20 |
prescription. | 21 |
(2) The pharmacist shall not select a generically equivalent | 22 |
drug unless its price to the patient is less than or equal to the | 23 |
price of the prescribed drug. | 24 |
(3) The pharmacist, or the pharmacist's agent, assistant, or | 25 |
employee shall inform the patient or the patient's agent if a | 26 |
generically equivalent drug is available at a lower or equal cost, | 27 |
and of the person's right to refuse the drug selected. Division | 28 |
(A)(3) of this section does not apply to any: | 29 |
(a) Prescription that is billed to any agency, division, or | 30 |
department of this state which will reimburse the pharmacy; | 31 |
(b) Prescriptions for patients of a hospital, nursing home, | 32 |
or similar patient care facility. | 33 |
(4) If the drug is prescribed to treat epilepsy, the | 34 |
pharmacist receives the statement required by section 4729.382 of | 35 |
the Revised Code. | 36 |
(B) Unless the prescriber instructs otherwise, the label for | 37 |
every drug dispensed shall include the drug's brand name, if any, | 38 |
or its generic name and the name of the distributor, using | 39 |
abbreviations if necessary. When dispensing at retail a | 40 |
generically equivalent drug for the brand name drug prescribed, | 41 |
the pharmacist shall indicate on the drug's label or container | 42 |
that a generic substitution was made. The labeling requirements | 43 |
established by this division are in addition to all other labeling | 44 |
requirements of Chapter 3715. of the Revised Code. | 45 |
(C) A pharmacist who selects a generically equivalent drug | 46 |
pursuant to this section assumes no greater liability for | 47 |
selecting the dispensed drug than would be incurred in filling a | 48 |
prescription for a drug prescribed by its brand name. | 49 |
(D) The failure of a prescriber to restrict a prescription by | 50 |
specifying "dispense as written," or "D.A.W.," pursuant to | 51 |
division (A)(1) of this section shall not constitute evidence of | 52 |
the prescriber's negligence unless the prescriber had reasonable | 53 |
cause to believe that the health condition of the patient for whom | 54 |
the drug was intended warranted the prescription of a specific | 55 |
brand name drug and no other. No prescriber shall be liable for | 56 |
civil damages or in any criminal prosecution arising from the | 57 |
interchange of a generically equivalent drug for a prescribed | 58 |
brand name drug by a pharmacist, unless the prescribed brand name | 59 |
drug would have reasonably caused the same loss, damage, injury, | 60 |
or death. | 61 |
Sec. 4729.382. (A) As used in this section: | 62 |
(1) "Epilepsy drug" means a drug prescribed for the treatment | 63 |
of epilepsy or a drug prescribed to treat or prevent seizures. | 64 |
(2) "Epilepsy" means a neurological condition characterized | 65 |
by recurrent seizures. | 66 |
(3) "Seizure" means a brief disturbance in the electrical | 67 |
activity of the brain. | 68 |
(4) "Interchange" means the substitution of a generically | 69 |
equivalent drug for the prescribed drug, or substitution of a | 70 |
different drug for the drug prescribed, including any of the | 71 |
following: | 72 |
(a) The substitution of a generic brand of the drug for the | 73 |
brand prescribed; | 74 |
(b) The substitution of one generic brand of the drug for | 75 |
another generic brand; | 76 |
(c) The substitution of one formulation of the drug for | 77 |
another; | 78 |
(d) The substitution of one therapeutic drug treatment for | 79 |
another. | 80 |
(B) A pharmacist shall not knowingly interchange a prescribed | 81 |
epilepsy drug without notifying the prescriber and receiving a | 82 |
signed statement consenting to the interchange from the prescriber | 83 |
and either the patient or the patient's parent, legal guardian, or | 84 |
spouse. | 85 |
Sec. 4729.99. (A) Whoever violates section 4729.16, division | 86 |
(A) or (B) of section 4729.38, or section 4729.382 or 4729.57 of | 87 |
the Revised Code is guilty of a minor misdemeanor. Each day's | 88 |
violation constitutes a separate offense. | 89 |
(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of | 90 |
the Revised Code is guilty of a misdemeanor of the third degree. | 91 |
Each day's violation constitutes a separate offense. If the | 92 |
offender previously has been convicted of or pleaded guilty to a | 93 |
violation of this chapter, that person is guilty of a misdemeanor | 94 |
of the second degree. | 95 |
(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of | 96 |
the Revised Code is guilty of a misdemeanor. | 97 |
(D) Whoever violates division (A), (B), (D), or (E) of | 98 |
section 4729.51 of the Revised Code is guilty of a misdemeanor of | 99 |
the first degree. | 100 |
(E)(1) Whoever violates section 4729.37, division (C)(2) of | 101 |
section 4729.51, division (J) of section 4729.54, or section | 102 |
4729.61 of the Revised Code is guilty of a felony of the fifth | 103 |
degree. If the offender previously has been convicted of or | 104 |
pleaded guilty to a violation of this chapter or a violation of | 105 |
Chapter 2925. or 3719. of the Revised Code, that person is guilty | 106 |
of a felony of the fourth degree. | 107 |
(2) If an offender is convicted of or pleads guilty to a | 108 |
violation of section 4729.37, division (C) of section 4729.51, | 109 |
division (J) of section 4729.54, or section 4729.61 of the Revised | 110 |
Code, if the violation involves the sale, offer to sell, or | 111 |
possession of a schedule I or II controlled substance, with the | 112 |
exception of marihuana, and if the court imposing sentence upon | 113 |
the offender finds that the offender as a result of the violation | 114 |
is a major drug offender, as defined in section 2929.01 of the | 115 |
Revised Code, and is guilty of a specification of the type | 116 |
described in section 2941.1410 of the Revised Code, the court, in | 117 |
lieu of the prison term authorized or required by division (E)(1) | 118 |
of this section and sections 2929.13 and 2929.14 of the Revised | 119 |
Code and in addition to any other sanction imposed for the offense | 120 |
under sections 2929.11 to 2929.18 of the Revised Code, shall | 121 |
impose upon the offender, in accordance with division (D)(3)(a) of | 122 |
section 2929.14 of the Revised Code, the mandatory prison term | 123 |
specified in that division and may impose an additional prison | 124 |
term under division (D)(3)(b) of that section. | 125 |
(3) Notwithstanding any contrary provision of section 3719.21 | 126 |
of the Revised Code, the clerk of court shall pay any fine imposed | 127 |
for a violation of section 4729.37, division (C) of section | 128 |
4729.51, division (J) of section 4729.54, or section 4729.61 of | 129 |
the Revised Code pursuant to division (A) of section 2929.18 of | 130 |
the Revised Code in accordance with and subject to the | 131 |
requirements of division (F) of section 2925.03 of the Revised | 132 |
Code. The agency that receives the fine shall use the fine as | 133 |
specified in division (F) of section 2925.03 of the Revised Code. | 134 |
(F) Whoever violates section 4729.531 of the Revised Code or | 135 |
any rule adopted thereunder or section 4729.532 of the Revised | 136 |
Code is guilty of a misdemeanor of the first degree. | 137 |
(G) Whoever violates division (C)(1) of section 4729.51 of | 138 |
the Revised Code is guilty of a felony of the fourth degree. If | 139 |
the offender has previously been convicted of or pleaded guilty to | 140 |
a violation of this chapter, or of a violation of Chapter 2925. or | 141 |
3719. of the Revised Code, that person is guilty of a felony of | 142 |
the third degree. | 143 |
(H) Whoever violates division (C)(3) of section 4729.51 of | 144 |
the Revised Code is guilty of a misdemeanor of the first degree. | 145 |
If the offender has previously been convicted of or pleaded guilty | 146 |
to a violation of this chapter, or of a violation of Chapter 2925. | 147 |
or 3719. of the Revised Code, that person is guilty of a felony of | 148 |
the fifth degree. | 149 |
Section 2. That existing sections 4729.38 and 4729.99 of the | 150 |
Revised Code are hereby repealed. | 151 |