Ohio Code 4729.46 – Prescriptions for opioid analgesics to be used on an outpatient basis
(A) As used in this section, “opioid analgesic,” “schedule III,” “schedule IV,” and “schedule V” have the same meanings as in section 3719.01 of the Revised Code.
Terms Used In Ohio Code 4729.46
- Drug: means :
(1) Any article recognized in the United States pharmacopoeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals;
(4) Any article intended for use as a component of any article specified in division (E)(1), (2), or (3) of this section; but does not include devices or their components, parts, or accessories. See Ohio Code 4729.01
- prescriber: means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:
(1) A dentist licensed under Chapter 4715 of the Revised Code;
(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid license issued under Chapter 4723 of the Revised Code to practice nursing as an advanced practice registered nurse;
(3) A certified registered nurse anesthetist who holds a current, valid license issued under Chapter 4723 of the Revised Code to practice nursing as an advanced practice registered nurse, but only to the extent of the nurse's authority under sections 4723. See Ohio Code 4729.01
- Prescription: means all of the following:
(1) A written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs;
(2) For purposes of sections 4723. See Ohio Code 4729.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) Except as provided in division (C) of this section or in any rules adopted under this section, all of the following apply with respect to a prescription for an opioid analgesic to be used by an individual on an outpatient basis:
(1) A pharmacist shall not dispense the opioid analgesic in an amount that exceeds a ninety-day supply, as determined according to the prescription’s directions for use of the drug, regardless of whether the prescription was issued for a greater amount.
(2) Except as provided in division (B)(3) of this section, a pharmacist shall not dispense the opioid analgesic if more than fourteen days have elapsed since the prescription was issued.
(3)(a) A pharmacist may dispense the opioid analgesic after more than fourteen days have elapsed since the prescription was issued if, on the date the prescription was issued, the prescriber issued only one prescription for the drug to the patient and both of the following apply:
(i) The prescriber provided written instructions on the prescription specifying the earliest date on which the prescription may be filled.
(ii) Not more than fourteen days have elapsed since the date described in division (B)(3)(a)(i) of this section.
(b) A pharmacist may dispense the opioid analgesic after more than fourteen days have elapsed since the prescription was issued if the prescription is one of multiple prescriptions for the drug issued by a single prescriber to the patient on a single day and all of the following apply:
(i) When combined, the prescriptions do not authorize the patient to receive an amount that exceeds a ninety-day supply of the drug, as determined according to the prescriptions’ directions for use of the drug.
(ii) The prescriber has provided written instructions on the prescription specifying the earliest date on which the prescription may be filled.
(iii) Not more than fourteen days have elapsed since the date described in division (B)(3)(b)(ii) of this section.
(c) A pharmacist may dispense the opioid analgesic by refilling the prescription for the opioid analgesic after more than fourteen days have elapsed since the prescription was issued if the opioid analgesic is included in schedule III, IV, or V, as defined in section 3719.01 of the Revised Code.
(d) If the prescription for the opioid analgesic was partially filled within the applicable fourteen-day period described in division (B)(2), (B)(3)(a), or (B)(3)(b) of this section, a pharmacist may dispense the remaining amount of the opioid analgesic after more than fourteen days have elapsed since the prescription was issued.
(C) Division (B) of this section does not apply in either of the following circumstances:
(1) When an opioid analgesic is to be delivered outside this state by mail, parcel post, or common carrier to a patient who resides outside this state;
(2) When an opioid analgesic is to be used as part of an individual’s treatment for opioid dependence or addiction.
(D) The state board of pharmacy may adopt rules establishing an amount that is less than the ninety-day supply described in division (B)(1) of this section or a period that is less than the fourteen-day periods described in divisions (B)(2), (B)(3)(a), and (B)(3)(b) of this section. The rules shall be adopted in accordance with Chapter 119 of the Revised Code.