Enact the Patient Protection Act

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 324

2025-2026

Representatives Mathews, A., Craig

Cosponsors: Representatives
Schmidt, Gross, King, Miller, M., Stewart, Barhorst, Bird, Click,
Dovilla, Fowler Arthur, Hall, T., John, Mathews, T., McClain, Newman,
Odioso, Richardson, Salvo, Thomas, D., Williams, Young

To
enact section 3715.39 of the Revised Code
to
establish conditions on the prescribing of prescription drugs causing
severe adverse effects and to name this act the Patient Protection
Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 3715.39 of the Revised Code be enacted to read as follows:

Sec.
3715.39.
(A)
As used in this section:

(1)
"Dangerous drug" and "prescriber" have the same
meanings as in section 4729.01 of the Revised Code, except that a
prescriber does not include a veterinarian licensed under Chapter
4741. of the Revised Code.

(2)
"Severe adverse effect" means any of the following:

(a)
Death;

(b)
Infection requiring hospitalization;

(c)
Hemorrhaging requiring hospitalization;

(d)
Organ failure;

(e)
Sepsis.

(B)
Before a prescriber may issue for a patient a prescription for a
dangerous drug that causes one or more severe adverse effects in
greater than five per cent of the drug's users, the prescriber shall
do all of the following:

(1)
Conduct an in-person examination of the patient;

(2)
Inform the patient that the drug causes one or more severe adverse
effects in greater than five per cent of the drug's users;

(3)
Schedule the patient for a follow-up appointment.

(C)(1)
For purposes of this section, the director of health is responsible
for determining if a dangerous drug causes one or more severe adverse
effects in greater than five per cent of the drug's users. In making
such a determination, both of the following apply:

(a)
The director shall consult with the superintendent of insurance and
executive directors of the state board of pharmacy and state medical
board.

(b)
The director shall base the determination on the greater of insurance
claims, patient reports of severe adverse effects to health care
professionals, and any applicable data available from the United
States food and drug administration.

(2)
The director of health shall prepare and update as needed a list
containing each dangerous drug that the director determines causes
one or more severe adverse effects in greater than five per cent of
the drug's users. The director shall make the list, and each of its
updates, available to the public on the internet web site maintained
by the department of health.

Section
2.
This
act shall be known as the Patient Protection Act.