130th Ohio General Assembly
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H. B. No. 89  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 89


Representative Blessing 



A BILL
To amend section 4729.99 and to enact sections 4729.261 and 4729.362 of the Revised Code to require retail sellers of prescription drugs to disclose price information to consumers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4729.99 be amended and sections 4729.261 and 4729.362 of the Revised Code be enacted to read as follows:
Sec. 4729.261. Not later than thirty days after the effective date of this section, the state board of pharmacy shall prepare a list of the one hundred dangerous drugs that may be legally prescribed and produce the highest total dollar amount of retail sales in this state. The list shall include the proprietary name of each drug and the generic name, if any. The board shall update the list at least once every three months. The director shall provide the list to each terminal distributor that is a retail seller of dangerous drugs in this state.
The board may, in accordance with Chapter 119. of the Revised Code, adopt rules governing implementation of this section.
Sec. 4729.362. (A) Each retail seller of dangerous drugs shall post, in a conspicuous location accessible to consumers, a list of the price information for each of the one hundred dangerous drugs that appear on the list prepared by the state board of pharmacy pursuant to section 4729.261 of the Revised Code. The retail seller shall update the price information at least once every two weeks. The retail seller shall not present the information in any way that is false or misleading.
(B) No terminal distributor subject to this section shall fail to post and update the list as required by division (A) of this section.
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) Whoever violates division (B) of section 4729.362 of the Revised Code is guilty of a minor misdemeanor. If the offender has previously been convicted of a violation of that division or any other provision of this chapter, the offender is guilty of a misdemeanor of the third degree.
Section 2. That existing section 4729.99 of the Revised Code is hereby repealed.
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