The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. Sub. H. B. No. 378 CORRECTED VERSIONCORRECTED VERSION As Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Smith, Sprague
Cosponsors:
Representatives Wachtmann, Brown, Sears, Adams, R., Anielski, Antonio, Baker, Bishoff, Blessing, Boose, Buchy, Budish, Burkley, Butler, Conditt, Derickson, Dovilla, Driehaus, Duffey, Fedor, Gerberry, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Hill, Kunze, Letson, Mallory, McClain, Milkovich, O'Brien, Patterson, Pelanda, Reece, Rogers, Ruhl, Sheehy, Stinziano, Terhar, Thompson, Winburn Speaker Batchelder
A BILL
To amend sections 4729.291, 4729.541, and 4729.99 and
to enact section 4731.056 of the Revised Code to
establish requirements regarding controlled
substances containing buprenorphine used for the
purpose of treating drug dependence or addiction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4729.291, 4729.541, and 4729.99 be
amended and section 4731.056 of the Revised Code be enacted to
read as follows:
Sec. 4729.291. (A) When a licensed health professional
authorized to prescribe drugs personally furnishes drugs to a
patient pursuant to division (B) of section 4729.29 of the Revised
Code, the prescriber shall ensure that the drugs are labeled and
packaged in accordance with state and federal drug laws and any
rules and regulations adopted pursuant to those laws. Records of
purchase and disposition of all drugs personally furnished to
patients shall be maintained by the prescriber in accordance with
state and federal drug statutes and any rules adopted pursuant to
those statutes.
(B) When personally furnishing to a patient RU-486
(mifepristone), a prescriber is subject to section 2919.123 of the
Revised Code. A prescription for RU-486 (mifepristone) shall be in
writing and in accordance with section 2919.123 of the Revised
Code.
(C)(1) Except as provided in division (D) of this section, a
no prescriber may not shall do either of the following:
(a) In any thirty-day period, personally furnish to or for
patients, taken as a whole, controlled substances in an amount
that exceeds a total of two thousand five hundred dosage units;
(b) In any seventy-two-hour period, personally furnish to or
for a patient an amount of a controlled substance that exceeds the
amount necessary for the patient's use in a seventy-two-hour
period.
(2) The state board of pharmacy may impose a fine of not more
than five thousand dollars on a prescriber who fails to comply
with the limits established under division (C)(1) of this section.
A separate fine may be imposed for each instance of failing to
comply with the limits. In imposing the fine, the board's actions
shall be taken in accordance with Chapter 119. of the Revised
Code.
(D)(1) None of the following shall be counted in determining
whether the amounts specified in division (C)(1) of this section
have been exceeded:
(a) Methadone provided to patients for the purpose of
treating drug dependence or addiction, if the prescriber meets the
conditions specified in 21 C.F.R. 1306.07;
(b) Buprenorphine provided to patients for the purpose of
treating drug dependence or addiction, if the prescriber is exempt
from separate registration with the United States drug enforcement
administration as part of an opioid treatment program that is the
subject of a current, valid certification from the substance abuse
and mental health services administration of the United States
department of health and human services pursuant to 21 42 C.F.R.
1301.28 8.11 and distributes both buprenorphine and methadone;
(c) Controlled substances provided to research subjects by a
facility conducting clinical research in studies approved by a
hospital-based institutional review board or an institutional
review board accredited by the association for the accreditation
of human research protection programs.
(2) Division (C)(1) of this section does not apply to a
prescriber who is a veterinarian.
Sec. 4729.541. (A) Except as provided in divisions (B) and
(C) of this section, a business entity described in division
(B)(1)(j) or (k) of section 4729.51 of the Revised Code may
possess, have custody or control of, and distribute the dangerous
drugs in category I, category II, and category III, as defined in
section 4729.54 of the Revised Code, without holding a terminal
distributor of dangerous drugs license issued under that section.
(B) If a business entity described in division (B)(1)(j) or
(k) of section 4729.51 of the Revised Code is a pain management
clinic or is operating a pain management clinic, the entity shall
hold a license as a terminal distributor of dangerous drugs with a
pain management clinic classification issued under section
4729.552 of the Revised Code.
(C) Beginning April 1, 2015, a business entity described in
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code
shall hold a license as a terminal distributor of dangerous drugs
in order to possess, have custody or control of, and distribute
dangerous either of the following:
(1) Dangerous drugs that are compounded or used for the
purpose of compounding;
(2) Controlled substances containing buprenorphine that are
used for the purpose of treating drug dependence or addiction.
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 (B)(3) of
section 2929.14 of the Revised Code, the mandatory prison term
specified in that division.
(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 4729.42 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 4729.42 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)(1) Whoever violates division (A)(1) of section 4729.86 of
the Revised Code is guilty of a misdemeanor of the third degree.
If the offender has previously been convicted of or pleaded guilty
to a violation of division (A)(1), (2), or (3) of section 4729.86
of the Revised Code, that person is guilty of a misdemeanor of the
first degree.
(2) Whoever violates division (A)(2) of section 4729.86 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 division (A)(1), (2), or (3) of section 4729.86
of the Revised Code, that person is guilty of a felony of the
fifth degree.
(3) Whoever violates division (A)(3) of section 4729.86 of
the Revised Code is guilty of a felony of the fifth degree. If the
offender has previously been convicted of or pleaded guilty to a
violation of division (A)(1), (2), or (3) of section 4729.86 of
the Revised Code, that person is guilty of a felony of the fourth
degree.
(K) A person who violates division (C) of section 4729.552 of
the Revised Code is guilty of a misdemeanor of the first degree.
If the person previously has been convicted of or pleaded guilty
to a violation of division (C) of section 4729.552 of the Revised
Code, that person is guilty of a felony of the fifth degree.
(L) A person who violates division (C) of section 4729.291 of
the Revised Code is guilty of a misdemeanor of the first degree.
If the person previously has been convicted of or pleaded guilty
to a violation of division (C) of section 4729.291 of the Revised
Code, that person is guilty of a felony of the fifth degree.
Sec. 4731.056. (A) As used in this section:
(1) "Controlled substance," "schedule III," "schedule IV,"
and "schedule V" have the same meanings as in section 3719.01 of
the Revised Code.
(2) "Physician" means an individual authorized by this
chapter to practice medicine and surgery or osteopathic medicine
and surgery.
(B) The state medical board shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish standards and
procedures to be followed by physicians in the use of controlled
substances in schedule III, IV, or V to treat opioid dependence or
addiction. The board may limit the application of the rules to
treatment provided through an office-based practice or other
practice type or location specified by the board.
Section 2. That existing sections 4729.291, 4729.541, and
4729.99 of the Revised Code are hereby repealed.
|
|