4729-5-30 Manner of issuance of
prescription.
(A) A prescription, to be effective, must be issued for a legitimate medical
purpose by an individual prescriber acting in the usual course of his/her
professional practice. The responsibility for the proper prescribing is upon the
prescriber, but a corresponding responsibility rests with the pharmacist who
dispenses the prescription. An order purporting to be a prescription issued not
in the usual course of professional treatment or in legitimate and authorized
research is not a prescription and the person knowingly dispensing such a
purported prescription, as well as the person issuing it, shall be subject to
the penalties provided for violations of the provisions of law.
(B) All prescriptions shall be dated as of and signed on the day when issued,
and shall bear the full name and address of the patient.
(C) All written prescriptions issued by a prescriber shall bear the full name
and address of the prescriber and shall be manually signed by the prescriber in
the same manner as he/she would sign a check or legal document.
(D) An original signed prescription (for other than a schedule II controlled
substance except as noted in paragraph (N) of this rule and rules 4729-17-09 and
4729-19-02 of the Administrative Code) may be transmitted as an "other
means of communication" to a pharmacy by the use of a facsimile machine
only by a prescriber or the prescriber's agent. Such a facsimile shall only be
valid as a prescription if a system is in place that will allow the pharmacist
to maintain the facsimile as a part of the prescription record including the
positive identification of the prescriber and his/her agent as well as positive
identification of the origin of the facsimile. The pharmacist must record the
prescription in writing pursuant to section
4729.37
of the Revised Code or store the facsimile copy in such a manner that will
allow retention of the prescription record for three years from the date of the
last transaction. The original signed prescription from which the facsimile is
produced shall not be issued to the patient. The original signed prescription
must remain with the patient's records at the prescriber's office or the
institutional facility where it was issued. If a board-approved electronic
prescription transmission system is used to fax the prescription, the computer
data must be retained for a period of three years at the prescriber's office. A
facsimile of a prescription received by a pharmacy in any manner other than
transmission directly from the prescriber or the prescriber's agent shall not be
considered a valid prescription, except as a copy of a prescription pursuant to
rule 4729-5-24 of the Administrative Code.
(E) All prescriptions shall specify the number of times or the period of time
for which the prescription may be refilled. A prescription marked "Refill
P.R.N." or some similar designation is not considered a valid refill
authorization.
(F) Prescriptions for dangerous drugs may not be dispensed for the first time
beyond six months from the date of issuance by a prescriber.
(G) Prescriptions for dangerous drugs and controlled substances in schedule V
may not be authorized for refill beyond one year from the date of issuance.
Prescriptions for controlled substances in schedules III and IV shall be
authorized for refill only as permitted by section
3719.05
of the Revised Code. Prescriptions for controlled substances in schedule II may
not be refilled.
(H) A prescription may be refilled only as expressly authorized by the
prescriber, either in writing or orally. If no such authorization is given, the
prescription may not be refilled except in accordance with section
4729.281
of the Revised Code.
(I) The drug(s) in a compounded prescription or drug product shall be identified
by the product trade name or generic name.
(J) No prescription shall be coded in such a manner that it cannot be dispensed
by any pharmacy of the patient's choice. A "coded prescription" is one
which bears letters, numbers, words or symbols, or any other device used in lieu
of the name, quantity, strength and directions for its use, other than those
normal letters, numbers, words, symbols, or other media recognized by the
profession of pharmacy as a means of conveying information by prescription. No
symbol, word, or any other device shall be used in lieu of the name of said
preparation.
(K) The agent of a prescriber who transfers a facsimile of an original
prescription or transmits an oral prescription or authorization of a refill for
a dangerous drug must identify themselves by full name and the pharmacist shall
make a record of the prescriber's agent on the original prescription and, if
used, on the alternate system of recordkeeping. A pharmacist who modifies a
patient's drug therapy, pursuant to a consult agreement, must personally
transmit the facsimile or oral order to another pharmacist, if the drug is not
dispensed by the pharmacist who modified the drug order.
(L) When forms are used that create multiple copies of a prescription issued to
a patient by a prescriber, the original prescription which also bears the actual
signature of the prescriber must be issued to the patient for dispensing by a
pharmacist.
(M) A pharmacist may accept, without further verification of the prescriber's
identity required, a prescription that has been transmitted by means of a
board-approved automated paperless system. The system shall require positive
identification of the prescriber as defined in rule 4729-5-01 of the
Administrative Code as well as the full name of any authorized agent of the
prescriber who transmits the prescription.
(N) A schedule II controlled substance prescription for a narcotic substance
issued for a patient enrolled in a hospice may be transmitted by the prescriber
or the prescriber's agent to the pharmacy by facsimile. The original
prescription must indicate that the patient is a hospice patient. The facsimile
transmission must meet all of the requirements in paragraph (D) of this rule for
such a prescription.
(O) When a pharmacist, acting as an agent of the physician, modifies a patient's
drug therapy pursuant to a consult agreement, the pharmacist must comply with
this rule in the same manner as a prescriber and include the name of the
physician who originally prescribed the drug and sign the pharmacist's full
name.
(P) A prescription orally transmitted by telephone to a pharmacy by a prescriber
or the prescriber's agent may be placed on a recording device at the pharmacy if
the pharmacist is unavailable. The prescriber or prescriber's agent must provide
his/her complete name. The pharmacist must remove the prescription from the
recorder and reduce it to writing. The pharmacist is responsible for assuring
the validity of the prescription removed from the recorder.
HISTORY: Eff 4-1-78; 1-1-81; 2-15-82; 7-1-90; 7-1-94; 11-25-94; 9-1-96;
2-1-98; 3-1-99;
3-31-00
Rule promulgated under: RC Chapter
119
.
Rule authorized by: RC
3719.28
,
4729.26
Rule amplifies: RC
3719.05
,
3719.06
,
4729.01
,
4729.281
,
4729.37
,
4729.39
RC
119.032
Review Dates: 04/30/01