(A) A pharmacist may dispense controlled substances to any person upon a prescription issued in accordance with section 3719.06 of the Revised Code. When dispensing controlled substances, a pharmacist shall act in accordance with rules adopted by the state board of pharmacy and in accordance with the following:

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Terms Used In Ohio Code 3719.05

  • Controlled substance: means a drug, compound, mixture, preparation, or substance included in schedule I, II, III, IV, or V. See Ohio Code 3719.01
  • Dispense: means to sell, leave with, give away, dispose of, or deliver. See Ohio Code 3719.01
  • Federal drug abuse control laws: means the "Comprehensive Drug Abuse Prevention and Control Act of 1970" 84 Stat. See Ohio Code 3719.01
  • Manufacturer: means a person who manufactures a controlled substance, as "manufacture" is defined in section 3715. See Ohio Code 3719.01
  • Official written order: means an order written on a form provided for that purpose by the director of the United States drug enforcement administration, under any laws of the United States making provision for the order, if the order forms are authorized and required by federal law. See Ohio Code 3719.01
  • Person: means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity. See Ohio Code 3719.01
  • Pharmacist: means a person licensed under Chapter 4729 of the Revised Code to engage in the practice of pharmacy. See Ohio Code 3719.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • Wholesaler: means a person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced, or prepared personally and includes a "wholesale distributor of dangerous drugs" as defined in section 4729. See Ohio Code 3719.01

(1) The prescription shall be retained on file by the owner of the pharmacy in which it is filled for a period of three years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of Chapter 2925., 3719., or 4729. of the Revised Code.

(2) Each oral prescription shall be recorded by the pharmacist and the record shall show the name and address of the patient for whom, or of the owner of the animal for which the controlled substance is dispensed, the full name, address, and registry number under the federal drug abuse control laws of the prescriber, the name of the controlled substance dispensed, the amount dispensed, and the date when dispensed. The record shall be retained on file by the owner of the pharmacy in which it is filled for a period of three years.

(3)(a) Except as provided in divisions (A)(3)(b) and (c) of this section, a schedule II controlled substance shall be dispensed only upon an electronic prescription.

(b) A schedule II controlled substance may be dispensed upon an oral prescription in emergency situations as provided in the federal drug abuse control laws.

(c) A schedule II controlled substance may be dispensed upon a written prescription if either of the following applies:

(i) A temporary technical, electrical, or broadband failure prevents the pharmacist from dispensing upon an electronic prescription.

(ii) The written prescription was issued as described in division (C) of section 3719.06 of the Revised Code.

(d) A pharmacist who receives a faxed, oral, or written prescription for a schedule II controlled substance is not required to verify that the prescription was issued under an exception to the requirement that a prescriber issue such a prescription electronically, including an exception described in divisions (A)(3)(b) and (c) of this section or division (C) of section 3719.06 of the Revised Code.

A pharmacist may continue to dispense any other drug upon an otherwise valid faxed, oral, or written prescription that is consistent with state and federal statutes, rules, and regulations.

(4) A prescription for a schedule II controlled substance shall not be refilled.

(5) Prescriptions for schedule III and IV controlled substances may be refilled not more than five times in a six-month period from the date the prescription is given by a prescriber.

(B) The legal owner of any stock of schedule II controlled substances in a pharmacy, upon discontinuance of dealing in those drugs, may sell the stock to a manufacturer, wholesaler, or owner of a pharmacy registered under the federal drug abuse control laws pursuant to an official written order.

Last updated July 11, 2022 at 9:06 AM