4731-11-02 General provisions

4731-11-02 General provisions.

(A) A physician shall not utilize a controlled substance other than in accordance with all of the provisions of this chapter of the Administrative Code.

(B) Any other provisions of this chapter of the Administrative Code notwithstanding, a physician may utilize the schedule II controlled substance cocaine hydrochloride only as a topical anesthetic for mucous membranes in surgical situations in which it is properly indicated.

(C) A physician shall not utilize a controlled substance without taking into account the drug's potential for abuse, the possibility the drug may lead to dependence, the possibility the patient will obtain the drug for a nontherapeutic use or to distribute to others, and the possibility of an illicit market for the drug.

(D) A physician shall complete and maintain accurate medical records reflecting his examination, evaluation, and treatment of all his patients. Patient medical records shall accurately reflect the utilization of any controlled substances in the treatment of a patient and shall indicate the diagnosis and purpose for which the controlled substance is utilized, and any additional information upon which the diagnosis is based.

(E) A physician shall obey all applicable provisions of sections 3719.06, 3719.07, 3719.08 and 3719.13 of the Revised Code, and all applicable provisions of federal law governing the possession, distribution, or use of controlled substances.

(F) A violation of any provision of this rule, as determined by the board, shall constitute "failure to use reasonable care discrimination in the administration of drugs," as that clause is used in division (B)(2) of section 4731.22 of the Revised Code; and "a departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established," as that clause is used in division (B)(6) of section 4731.22 of the Revised Code. A violation of paragraph (B) of this rule shall further constitute "selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes," as that clause is used in division (B)(3) of section 4731.22 of the Revised Code. A violation of paragraph (C) of this rule, if committed purposely, knowingly, or recklessly, as those words are defined in section 2901.22 of the Revised Code, shall further constitute "selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes," as that clause is used in division (B)(3) of section 4731.22 of the Revised Code.

HISTORY: Eff 11-17-86
Rule promulgated under: RC Chapter 119 .
Rule authorized by: RC 4731.05
Rule amplifies: RC 4731.22

CASE NOTES AND OAG

1. (1993) The Board may, but is not required to, impose the "minimum penalty" of revocation of doctor's license where doctor provided narcotics and other controlled substances to his wife: Brost v. Ohio State Medical Bd., 62 OS3d 218 , 581 NE2d 515.

2. (1997) Physician’s failure to keep a log of all controlled substances prescribed and to note such prescriptions in the patient’s records provided a sufficient basis for the revocation of her license: Nassif v. State Medical Bd., No. 97APE02-182 (10th Dist.), 1997 Ohio App. LEXIS 2870 .