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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 374
2025-2026
Representatives Sigrist, Abrams
Cosponsors: Representatives Lett,
Synenberg, Brownlee, Somani, Baker, Abdullahi, Jarrells, Thomas, C.,
Brennan, McNally, Rader, Brent, Mohamed, Cockley, Russo, Grim,
Piccolantonio, Sims, Miller, J., Upchurch
To
amend section 5167.12 and to enact sections
3902.65
,
4729.362, and 5164.093 of the Revised Code
regarding
prescription drug readers for visually impaired patients.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5167.12 be amended and sections
3902.65
,
4729.362, and 5164.093 of the Revised Code be enacted to read as
follows:
Sec.
3902.65.
(A)
Notwithstanding section 3901.71 of the Revised Code, a health benefit
plan shall provide coverage for prescription readers provided by a
licensed terminal distributor of dangerous drugs pursuant to section
4729.362 of the Revised Code.
(B)
As used in this section, "prescription reader" has the same
meaning as in section 4729.362 of the Revised Code.
Sec.
4729.362.
(A)(1)
Except as provided in division (B) of this section, prior to selling
a dangerous drug at retail, a licensed terminal distributor of
dangerous drugs shall provide notice, in the manner specified in
division (A)(2) of this section, that a prescription reader can be
made available. If the person purchasing the drug requests a
prescription reader, the terminal distributor shall provide a
prescription reader for at least the duration of the prescription and
shall ensure that the label affixed to the container in which the
drug is dispensed is compatible with the prescription reader.
(2)
A licensed terminal distributor shall provide the notice required by
division (A)(1) of this section as follows:
(a)
For in-person transactions, the notice shall be provided to the
purchaser of the drug if the licensed terminal distributor has reason
to believe that the purchaser is blind or visually impaired or is
purchasing the drug on behalf of a patient who is blind or visually
impaired.
(b)
For transactions in which the drug will be delivered to a patient by
mail, parcel post, or common carrier, the notice shall be provided to
the person purchasing the drug.
(B)
This section does not apply in either of the following circumstances:
(1)
When the drug is personally furnished by a licensed health
professional authorized to prescribe drugs;
(2)
When the licensed terminal distributor dispensing the drug is any of
the following:
(a)
An institutional pharmacy;
(b)
A pharmacy participating in the drug repository program pursuant to
section 3715.871 of the Revised Code, but only if the drug being
dispensed was donated or given under the program;
(c)
A pharmacy in a jail, state correctional institution, federal
correctional facility or complex, or juvenile detention facility;
(d)
A pharmacy operated by a government entity.
(C)
This section does not affect any law relative to labeling
requirements for drugs.
(D)
As used in this section:
(1)
"Dangerous drug" has the same meaning as set forth in
division (F) of section 4729.01 of the Revised Code.
(2)
"Institutional pharmacy" means a pharmacy that is part of
or is operated in conjunction with any of the following health care
facilities: an ambulatory surgical facility, nursing home,
residential care facility, freestanding rehabilitation facility,
hospice care program, home and community-based services provider, or
residential facility for individuals with mental illness or
developmental disabilities. "Institutional pharmacy"
includes both of the following:
(a)
A pharmacy on the premises of a health care facility identified in
division (D)(2) of this section that provides a system of
distributing and supplying medication to the facility or its
patients, whether or not operated by the facility;
(b)
A pharmacy off the premises of a health care facility identified in
division (D)(2) of this section that provides services only to
patients of one or more health care facilities.
(3)
"Terminal distributor of dangerous drugs" has the same
meaning as set forth in division (Q) of section 4729.01 of the
Revised Code, and specifically includes retail pharmacies, as well as
mail-order or other pharmacies that deliver dangerous drugs by mail,
parcel post, or common carrier.
(4)
"Prescription reader" means a device that audibly conveys
the information that is required by law or rule to be contained on a
label affixed to the container in which a dangerous drug is dispensed
for a patient who is visually impaired or otherwise would have
difficulty reading the label. The information to be audibly conveyed
shall include any cautions that may be required by federal and state
law and any information regarding drug interactions,
contraindications, and side effects that are also provided to sighted
patients and patients who have no difficulty reading the label.
Sec.
5164.093.
(A)
The medicaid program shall cover prescription readers provided by a
licensed terminal distributor of dangerous drugs pursuant to section
4729.362 of the Revised Code.
(B)
As used in this section, "prescription reader" has the same
meaning as in section 4729.362 of the Revised Code.
Sec.
5167.12.
If
prescribed drugs are included in the care management system:
(A)
Medicaid MCO plans may include strategies for the management of drug
utilization, but any such strategies are subject to the limitations
and requirements of this section and the approval of the department
of medicaid.
(B)
A medicaid MCO plan shall not impose a prior authorization
requirement in the case of a drug to which all of the following
apply:
(1)
The drug is an antidepressant or antipsychotic.
(2)
The drug is administered or dispensed in a standard tablet or capsule
form, except that in the case of an antipsychotic, the drug also may
be administered or dispensed in a long-acting injectable form.
(3)
The drug is prescribed by any of the following:
(a)
A physician who has registered the physician's psychiatric specialty
with the department;
(b)
A psychiatrist who is practicing at a location on behalf of a
community mental health services provider whose mental health
services are certified by the department of mental health and
addiction services under section 5119.36 of the Revised Code;
(c)
A certified nurse practitioner, as defined in section 4723.01 of the
Revised Code, who is certified in psychiatric mental health by a
national certifying organization approved by the board of nursing
under section 4723.46 of the Revised Code;
(d)
A clinical nurse specialist, as defined in section 4723.01 of the
Revised Code, who is certified in psychiatric mental health by a
national certifying organization approved by the board of nursing
under section 4723.46 of the Revised Code.
(4)
The drug is prescribed for a use that is indicated on the drug's
labeling, as approved by the federal food and drug administration.
(C)
The department shall authorize a medicaid MCO plan to include a
pharmacy utilization management program under which prior
authorization through the program is established as a condition of
obtaining a controlled substance pursuant to a prescription.
(D)
Each medicaid managed care organization and medicaid MCO plan shall
comply with sections 5164.091,
5164.093,
5164.10,
5164.7511, 5164.7512, and 5164.7514 of the Revised Code as if the
organization were the department and the plan were the medicaid
program.
Section
2.
That
existing section 5167.12 of the Revised Code is hereby repealed.
Section
3.
Section
3902.65 of the Revised Code, as enacted by this act, applies only to
health benefit plans, as defined in section 3922.01 of the Revised
Code, delivered, issued for delivery, modified, or renewed in this
state on or after the effective date of this section.