Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 209
2025-2026
Senators Cutrona, Reynolds
Cosponsors: Senators Lang, Brenner,
Roegner
To
enact section 3792.08 of the Revised Code
regarding
prescribing, dispensing, and administering drugs and to name this act
the Jeff, Dave, and Angie Patient Right to Try Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 3792.08 of the Revised Code be enacted to read as follows:
Sec.
3792.08.
(A)
As used in this section:
(1)
"Health-related licensing board" has the same meaning as in
section 3719.062 of the Revised Code.
(2)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code and includes a hospital owned or operated by the
United States department of veterans affairs.
(3)
"In-house physician" means a physician who is employed or
contracted by the hospital or inpatient facility where a patient is
being treated, or who has hospital privileges at the hospital where a
patient is being treated.
(4)
"Inpatient facility" means either or both of the following:
(a)
A skilled nursing facility as defined in section 5165.01 of the
Revised Code;
(b)
A freestanding inpatient rehabilitation facility licensed under
section 3702.30 of the Revised Code.
(5)
"Off-label use" means the use of a drug that meets both of
the following:
(a)
The drug is approved by the United States food and drug
administration to treat or prevent a disease, illness, or infection,
but prescribed for or used by a patient to treat or prevent another
disease, illness, or infection.
(b)
The drug is legal for use in this state.
(6)
"Patient's personal representative" has the same meaning as
in section 3701.74 of the Revised Code.
(7)
"Pharmacist" means an individual who holds a license issued
under section 4729.08 of the Revised Code authorizing the individual
to practice pharmacy.
(8)
"Physician" means an individual licensed under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.
(9)
"State agency" means any organized agency, board, body,
commission, department, institution, office, or other entity
established by the laws of the state for the exercise of any function
of state government. "State agency" does not include a
court.
(B)(1)
A pharmacist shall dispense, and a hospital, inpatient facility,
outpatient health care facility, or pharmacy shall allow the
dispensing of a drug, including for off-label use, prescribed by a
physician, to a patient except in either of the following
circumstances:
(a)
As provided in section 4743.10 of the Revised Code, the pharmacist,
hospital, inpatient facility, outpatient health care facility, or
pharmacy has a moral, ethical, or religious belief or conviction that
conflicts with the drug's dispensing.
(b)
The pharmacist has documented that the patient has a history of a
life-threatening allergic reaction to the prescribed drug, there is a
life-threatening contraindication or life-threatening drug
interaction for that patient, or the drug has a high probability of
causing serious disability or serious injury to that patient.
(2)
When neither exception in division (B)(1)(a) or (b) of this section
applies and a pharmacist must dispense, or a hospital, inpatient
facility, outpatient health care facility, or pharmacy must allow the
dispensing of, a drug, including for off-label use, for a patient
pursuant to this section, but the pharmacist, hospital, inpatient
facility, outpatient health care facility, or pharmacy has an
objective, good faith, and scientific objection to the administration
or dosage of the drug for that patient or that patient's condition,
then after explaining and discussing the objection with the
physician, if it is still the clinical judgment of the physician to
dispense the drug, the pharmacist, hospital, inpatient facility,
outpatient health care facility, or pharmacy shall dispense the drug
and shall be immune from civil liability, professional discipline,
and sanctions or fines imposed by a regulatory authority for any harm
that may arise from the dispensing or administration of the drug
starting from the date of dispensing if the pharmacist, hospital,
inpatient facility, outpatient health care facility, or pharmacy
meets the following minimum requirements:
(a)
Documents in the patient's medical record that the objective, good
faith, and scientific objection was discussed with the physician and
notes the date of the discussion. The objection is not required to be
described in detail.
(b)
Documents the objective, good faith, and scientific objection within
twenty-four hours of dispensing the drug.
(3)
Nothing in this section prevents compliance with federal laws or laws
of this state governing the practice of pharmacy and the dispensing
or administration of drugs, but it establishes that the final
decision on whether a prescribed drug is dispensed pursuant to
division (B)(1) of this section shall be made by the physician.
(4)
In the case of a pharmacist who practices within a hospital's or
inpatient facility's pharmacy and where an in-house physician issues
a prescription for a drug, including for off-label use, that is
neither in stock nor listed on the hospital's or facility's
formulary, and the patient can obtain the drug at an outpatient
pharmacy, then the hospital or inpatient facility must permit the
drug to be brought into the hospital or inpatient facility to be
identified for the patient's use. To be identified for the patient's
use, the hospital or inpatient facility must determine that the drug
was prescribed for the patient, is in the original manufacturer's
packaging or is labeled from an outpatient retail pharmacy for the
patient, has been approved by the physician for the patient's use,
and is not outside of its beyond-use or expiration date. If the drug
is able to be identified according to the hospital or inpatient
facility's drug identification procedure, then the drug shall be
administered to the patient in the hospital or inpatient facility.
(5)
When a hospital or inpatient facility patient or a patient's personal
representative wishes to try a drug to treat a patient's condition,
but there is no in-house physician willing to prescribe the drug, the
hospital or inpatient facility shall not obstruct or intentionally
delay the transfer of that patient to another hospital, inpatient
facility, or hospice that is willing to accept and treat the patient,
nor shall the hospital or inpatient facility prevent the patient's
discharge if that is the wish of the patient or the patient's
personal representative.
(6)
When there is a safety concern regarding a prescription for a drug,
including a drug for off-label use, a pharmacist should discuss any
prescription dosage recommendations or other clinical concerns with
the physician, the patient, or the patient's personal representative.
There should be risk-benefit discussions between the physician, the
patient or the patient's personal representative, and other inpatient
and outpatient medical staff directly involved in the patient's care.
Outside of emergency situations, the ultimate decision to take a
drug, including a drug for off-label use, prescribed by the physician
should be made by the consenting patient or the patient's personal
representative.
(C)
In an outpatient pharmacy setting, if a drug is not covered by a
patient's health benefit plan or the patient does not want to wait
for prior authorization, the physician or pharmacist shall notify the
patient of the option to pay for the drug out of pocket. The
physician or pharmacist must notify the patient of the estimated
out-of-pocket costs for the drug, and the pharmacist must offer the
drug at an upfront, out-of-pocket cost to the patient.
(D)
Except as provided in division (F) of this section, a health-related
licensing board, the department of health, or another state agency
responsible for the licensure or regulation of health care
professionals or health care facilities shall not consider the action
of prescribing, dispensing, or administering a drug to a consenting
patient or with the consent of the patient's personal representative,
including for off-label use, by a physician, pharmacist, hospital,
inpatient facility, outpatient health care facility, or pharmacy
under this section to be unlawful, unethical, unauthorized, or
unprofessional conduct and shall not pursue professional discipline
or fines or other regulatory sanctions against the physician,
pharmacist, hospital, facility, or pharmacy except in cases where a
court has determined that the prescribing, dispensing, or
administering of the drug to that patient was done with recklessness
or gross negligence. This section does not provide a physician
immunity from civil liability. Except as provided in division (B)(2)
of this section, this section does not provide a pharmacist,
hospital, inpatient facility, outpatient health care facility, or
pharmacy immunity from civil liability.
(E)
A health care professional should be free to engage in scientific
debate. A health-related licensing board, the department of health,
or other state agency responsible for the licensure or regulation of
health care professionals shall not pursue or threaten to pursue
professional discipline or fines or other regulatory sanctions
against a physician, pharmacist, or other licensed health care
professional for doing either of the following:
(1)
Publicly expressing an opinion regarding the safety, risks, benefits,
or efficacy of a drug approved or authorized by the United States
food and drug administration, including a drug prescribed for
off-label use, or other medical intervention because that opinion
does not align with the opinions of the board, department, other
state agency, a board of health of a city or general health district,
or other health authority.
(2)
Informing a patient or a patient's personal representative of safety
concerns or risks that may be associated with a drug, including a
drug prescribed for off-label use, or other medical intervention.
This
division does not provide a health care professional immunity from
civil liability to a patient under the health care professional's
care in a private care setting.
(F)
Except for division (E) of this section, no portion of this section
applies to, repeals, or supersedes existing law regarding
prescribing, dispensing, or administering any of the following:
(1)
Controlled substances, including opioids;
(2)
Drugs subject to a United States food and drug administration risk
evaluation and mitigation strategy;
(3)
Cross-sex hormones or puberty-blocking drugs, as defined in section
3129.01 of the Revised Code, to be used in violation of section
3129.02 of the Revised Code;
(4)
Abortifacients when prescribed, dispensed, or administered to
patients who are believed to be pregnant;
(5)
Drugs that are known to be used for the intent or purpose of
euthanasia.
Section
2.
This
act shall be known as the Jeff, Dave, and Angie Patient Right to Try
Act.