Ohio Code 4729.281 – Conditions for refill of prescription
(A) A pharmacist may dispense a dangerous drug, other than a schedule II controlled substance as defined in section 3719.01 of the Revised Code, without a prescription from a licensed health professional authorized to prescribe drugs if all of the following conditions are met:
Terms Used In Ohio Code 4729.281
- 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
- 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
(1) The pharmacy at which the pharmacist practices has a record of a prescription for the drug in the name of the patient who is requesting it, but the prescription does not provide for a refill or the time permitted by rules adopted by the state board of pharmacy for providing refills has elapsed.
(2) The pharmacist is unable to obtain authorization to refill the prescription from the prescriber who issued the prescription or another prescriber responsible for the patient’s care.
(3) In the exercise of professional judgment, the pharmacist determines that both of the following are the case:
(a) The drug is essential to sustain the life of the patient or continue therapy for a chronic condition of the patient.
(b) Failure to dispense the drug to the patient could result in harm to the health of the patient.
(B) With respect to the number of times that a pharmacist may dispense a drug under this section and the amount of that drug, all of the following apply:
(1) Except as provided in division (B)(2) of this section, the drug may be dispensed not more than once and the amount shall not exceed a seventy-two-hour supply based on the original prescription.
(2)(a) If the drug is not a controlled substance and the patient has been on a consistent drug therapy as demonstrated by records maintained by a pharmacy, the drug may be dispensed not more than three times in any twelve-month period, none of which are to be consecutive in time, and, subject to division (B)(2)(b) of this section, the amount shall not exceed one thirty-day supply based on the original prescription or, if the standard unit of dispensing for the drug exceeds a thirty-day supply, the amount shall not exceed one standard unit of dispensing.
(b) If one thirty-day supply or one standard unit that exceeds a thirty-day supply is dispensed, then for a second or third dispensing of the drug under this section during the same twelve-month period, the amount shall not exceed a seven-day supply or, if the drug is packaged in a manner that provides more than a seven-day supply, the lowest available supply.
(3) The pharmacist shall exercise professional judgment in determining the amount.
(C) A pharmacist who dispenses a drug under this section shall do all of the following:
(1) For one year after the date of dispensing, maintain a record in accordance with this chapter of the drug dispensed, including the amount dispensed, the original prescription number, the name and address of the patient, and, if the individual receiving the drug is not the patient, the name and address of that individual;
(2) Notify the prescriber who issued the original prescription or another prescriber responsible for the patient’s care not later than seventy-two hours after the drug is dispensed;
(3) If applicable, obtain authorization for additional dispensing from one of the prescribers described in division (C)(2) of this section.
Last updated March 9, 2022 at 4:00 PM