Ohio Code 4730.53 – Conditions for prescribing opioid analgesic or benzodiazepine drugs; adoption of rules regarding review of drug database
(A) As used in this section:
Terms Used In Ohio Code 4730.53
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Physician: means an individual who is authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. See Ohio Code 4730.01
- Physician assistant: means an individual who is licensed under Chapter 4730 of the Revised Code to provide services as a physician assistant to patients under the supervision, control, and direction of one or more physicians. See Ohio Code 1.64
- Service: means a medical activity that requires training in the diagnosis, treatment, or prevention of disease. See Ohio Code 4730.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) “Drug database” means the database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code.
(2) “Opioid analgesic” and “benzodiazepine” have the same meanings as in section 3719.01 of the Revised Code.
(B) Except as provided in divisions (C) and (E) of this section, a physician assistant licensed under this chapter who has been granted physician-delegated prescriptive authority shall comply with all of the following as conditions of prescribing a drug that is either an opioid analgesic or a benzodiazepine as part of a patient’s course of treatment for a particular condition:
(1) Before initially prescribing the drug, the physician assistant or the physician assistant’s delegate shall request from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the request. If the physician assistant practices primarily in a county of this state that adjoins another state, the physician assistant or delegate also shall request a report of any information available in the drug database that pertains to prescriptions issued or drugs furnished to the patient in the state adjoining that county.
(2) If the patient’s course of treatment for the condition continues for more than ninety days after the initial report is requested, the physician assistant or delegate shall make periodic requests for reports of information from the drug database until the course of treatment has ended. The requests shall be made at intervals not exceeding ninety days, determined according to the date the initial request was made. The request shall be made in the same manner provided in division (B)(1) of this section for requesting the initial report of information from the drug database.
(3) On receipt of a report under division (B)(1) or (2) of this section, the physician assistant shall assess the information in the report. The physician assistant shall document in the patient’s record that the report was received and the information was assessed.
(C) Division (B) of this section does not apply in any of the following circumstances:
(1) A drug database report regarding the patient is not available, in which case the physician assistant shall document in the patient’s record the reason that the report is not available.
(2) The drug is prescribed in an amount indicated for a period not to exceed seven days.
(3) The drug is prescribed for the treatment of cancer or another condition associated with cancer.
(4) The drug is prescribed to a hospice patient in a hospice care program, as those terms are defined in section 3712.01 of the Revised Code, or any other patient diagnosed as terminally ill.
(5) The drug is prescribed for administration in a hospital, nursing home, or residential care facility.
(D) The state medical board may adopt rules that establish standards and procedures to be followed by a physician assistant licensed under this chapter who has been granted physician-delegated prescriptive authority regarding the review of patient information available through the drug database under division (A)(5) of section 4729.80 of the Revised Code. The rules shall be adopted in accordance with Chapter 119 of the Revised Code.
(E) This section and any rules adopted under it do not apply if the state board of pharmacy no longer maintains the drug database.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated May 10, 2022 at 11:44 AM