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S. B. No. 119 As IntroducedAs Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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A BILL
To amend section 4729.99 and to enact section 4729.20
of the Revised Code to require pharmacists,
pharmacy interns, and qualified pharmacy
technicians to report suspected dispensing errors
to the State Board of Pharmacy, to require the
Board to investigate all such reports and to
pursue disciplinary action when warranted, and to
specify criminal penalties for failure to comply
with the reporting requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4729.99 be amended and section
4729.20 of the Revised Code be enacted to read as follows:
Sec. 4729.20. As used in this section, "qualified pharmacy
technician" has the same meaning as in section 4729.42 of the
Revised Code.
(A) If a pharmacist, pharmacy intern, or qualified pharmacy
technician employed by, or working at, a pharmacy possesses
information reasonably suggesting that an error was made in
dispensing a dangerous drug to a patient from that pharmacy, the
pharmacist, intern, or technician shall report the information to
the state board of pharmacy. The report shall be in writing on a
form prescribed by the board in rules adopted pursuant to section
4729.26 of the Revised Code and be submitted to the board not
later than fourteen days after the individual becomes aware of the
alleged dispensing error.
(B) An individual who files a report under this section shall
retain all documents, labels, vials, supplies, substances, and
internal investigative materials, if any, relating to the report.
Any of these items shall be made available to the board on the
board's request.
(C) No pharmacist, pharmacy intern, or qualified pharmacy
technician shall fail to comply with division (A) or (B) of this
section.
(D) The board shall investigate all reports filed under
division (A) of this section. If the board finds that grounds to
pursue disciplinary action against a pharmacist or pharmacy intern
exist, the board shall pursue such action in accordance with
section 4729.16 of the Revised Code.
(E) A report filed pursuant to division (A) of this section
is not a public record under section 149.43 of the Revised Code
and shall not be made available by the board to any person other
than the individual who filed the report, the individual's
representative, the attorney general, the prosecuting attorney of
the county in which the alleged error occurred, or any other
local, state, or federal law enforcement agency.
Sec. 4729.99. (A) Whoever violates section 4729.16,
division
(A) or (B) of section 4729.38, or section 4729.57 of the
Revised
Code is guilty of a minor misdemeanor. Each day's
violation
constitutes a separate offense.
(B) Whoever violates section 4729.27, 4729.28, or 4729.36
of
the Revised Code is guilty of a misdemeanor of the
third
degree.
Each day's violation constitutes a separate offense.
If
the
offender previously has been convicted of or pleaded guilty
to a
violation of this
chapter, that person is guilty of a
misdemeanor
of the second
degree.
(C) Whoever violates section 4729.32, 4729.33, or 4729.34
of
the Revised Code is guilty of a misdemeanor.
(D) Whoever violates division (A), (B), (D), or (E) of
section 4729.51 of the Revised Code is guilty of a misdemeanor of
the first degree.
(E)(1) Whoever violates section 4729.37, division (C)(2) of
section 4729.51, division (J) of section 4729.54, or section
4729.61 of the Revised Code is guilty of a felony of the
fifth
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of
Chapter 2925. or 3719. of the Revised Code, that person is guilty
of a felony
of the fourth degree.
(2) If an offender is convicted of or pleads guilty to a
violation of section 4729.37, division (C) of section 4729.51,
division (J) of section 4729.54, or section 4729.61 of the
Revised
Code, if the violation involves the sale, offer to
sell, or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender as a result
of the violation
is a major drug offender, as defined in section
2929.01 of
the
Revised Code, and is guilty of a specification of the type
described in
section 2941.1410 of the Revised Code, the court, in
lieu of the prison term authorized or required by division (E)(1)
of
this section and sections 2929.13 and 2929.14 of the Revised
Code and in addition to any other sanction imposed for the offense
under sections 2929.11 to 2929.18 of the Revised
Code, shall
impose upon the offender, in accordance with division
(D)(3)(a) of
section 2929.14 of the Revised
Code, the mandatory prison term
specified in that
division and may
impose an additional prison
term under division
(D)(3)(b) of that section.
(3) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of court shall pay any
fine imposed
for a violation of section 4729.37, division (C) of
section
4729.51,
division (J) of section 4729.54, or section 4729.61 of
the
Revised Code pursuant to division (A)
of section
2929.18 of
the Revised Code in accordance with
and subject
to the
requirements of division (F) of section 2925.03
of the
Revised
Code. The agency that receives the
fine shall use
the fine as
specified in division (F) of section 2925.03
of the
Revised Code.
(F) Whoever violates section 4729.531 of the Revised Code
or
any rule adopted thereunder or section 4729.532 of the Revised
Code is guilty of a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of
section 4729.51
of
the Revised Code is guilty of a felony of the
fourth
degree. If
the offender has previously been convicted of or
pleaded guilty to
a
violation of
this chapter, or of a violation of Chapter 2925. or
3719. of the
Revised Code, that person is guilty of a felony of
the
third degree.
(H) Whoever violates division (C)(3) of section 4729.51
of
the Revised Code is guilty of a misdemeanor of the first
degree.
If the offender has previously been convicted of or pleaded guilty
to a violation of this chapter, or of a violation of Chapter 2925.
or
3719. of the Revised Code, that person is guilty of a felony of
the fifth degree.
(I)(1) Whoever violates division (B) of section 4729.42 of
the Revised Code is
guilty of unauthorized pharmacy-related drug
conduct. Except as
otherwise provided in this section,
unauthorized pharmacy-related
drug conduct is a misdemeanor of
the second degree. If the offender
previously has been convicted
of or pleaded guilty to a violation
of division (B), (C), (D),
or (E)
of that section, unauthorized
pharmacy-related drug
conduct is a
misdemeanor of the first degree on a second offense
and a felony
of the fifth degree on a third or subsequent offense.
(2) Whoever violates division (C) or (D) of section 4729.42
of the Revised Code is
guilty of permitting unauthorized
pharmacy-related drug conduct.
Except as otherwise provided in
this section, permitting
unauthorized pharmacy-related drug
conduct is a misdemeanor of the
second degree. If the offender
previously has been convicted of or
pleaded guilty to a violation
of division (B), (C), (D), or (E) of that
section, permitting
unauthorized pharmacy-related drug conduct is
a misdemeanor of
the first degree on a second offense and a felony of the fifth
degree on a third or subsequent offense.
(3) Whoever violates division (E) of section 4749.02 of the
Revised Code is guilty of the offense of falsification under
section 2921.13 of the Revised Code. In addition to any other
sanction imposed for the violation, the offender is forever
disqualified from engaging in any activity specified in division
(B)(1), (2), or (3) of section 4749.02 of the Revised Code and
from performing any function as a health care professional or
health care worker. As used in this division, "health care
professional" and "health care worker" have the same meanings as
in section 2305.234 of the Revised Code.
(4) Notwithstanding any contrary
provision of section
3719.21 of the Revised Code or any other
provision of law that
governs the distribution of fines, the clerk
of the court shall
pay any fine imposed pursuant to division (I)(1), (2), or (3)
of
this
section
to the state board of pharmacy if the board has
adopted a
written
internal control policy under division (F)(2)
of section
2925.03
of the Revised Code that addresses fine
moneys that it
receives
under Chapter 2925. of the Revised Code
and if the
policy also
addresses fine moneys paid under this
division. The
state board of
pharmacy shall use the fines so
paid in accordance
with the
written internal control policy to
subsidize the board's
law
enforcement efforts that pertain to
drug offenses.
(J) Whoever violates division (A) or (B) of section 4729.20
of the Revised Code is guilty of a misdemeanor of the fourth
degree, except that if the offender has been convicted of or
pleaded guilty to a violation of either of these divisions three
or more times in a single six-month period, the offender is guilty
of a misdemeanor of the first degree.
Section 2. That existing section 4729.99 of the Revised Code
is hereby repealed.
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