4731-11-03 Schedule II
controlled substance stimulants.
(A) A physician shall not utilize a schedule II controlled substance stimulant
for any purpose except:
(1) The treatment of narcolepsy;
(2) The treatment or abnormal behavioral syndrome (attention deficit disorder,
hyperkinetic syndrome), and/or related disorders of childhood;
(3) The treatment of drug-induced or trauma-induced brain dysfunction;
(4) The differential diagnostic psychiatric evaluation of depression;
(5) The treatment of depression shown to be refractory to other therapeutic
modalities, including pharmacologic approaches, such as tricyclic
antidepressants and MAO inhibitors;
(6) As adjunctive therapy in the treatment of chronic severe pain or depression,
in the terminal stages of diseases which are accompanied by severe pain;
(7) The clinical investigation of the effects of such drugs, in which case the
physician shall submit to the board a written investigative protocol for its
review and approval before the investigation has begun. The investigation shall
be conducted in strict compliance with the investigative protocol, and the
physician shall, within sixty days following the conclusion of the
investigation, submit to the board a written report detailing the findings and
conclusions of the investigation.
(B) A physician shall not utilize a schedule II controlled substance stimulant
for purposes of weight reduction or control.
(C) A physician may utilize a schedule II controlled substance stimulant when
properly indicated for any purpose listed in paragraph (A) of this rule,
provided that all of the following conditions are met:
(1) Before initiating treatment utilizing a schedule II controlled substance
stimulant, the physician obtains a thorough history, performs a thorough
physical examination of the patient, and rules out the existence of any
recognized contraindications to the use of the controlled substance stimulant to
be utilized.
(2) The physician shall not utilize any schedule II controlled substance
stimulant when he knows or has reason to believe that a recognized
contraindication to its use exists.
(3) The physician shall not utilize any schedule II controlled substance
stimulant in the treatment of a patient who he knows or should know is pregnant.
(4) Upon ascertaining or having reason to believe that the patient has a history
of or shows a propensity for alcohol or drug abuse, or that the patient has
consumed or disposed of any controlled substance other than in strict compliance
with the treating physician's directions, the physician shall reappraise the
desirability of continued utilization of schedule II controlled substance
stimulants and shall document in the patient record the factors weighed in
deciding to continue their use. The physician shall actively monitor such a
patient for signs and symptoms of drug abuse and drug dependency.
(D) 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; "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; 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.
HISTORY: Eff 11-17-86;
10-31-98
Rule promulgated under: RC Chapter
119
.
Rule authorized by: RC
4731.05
Rule amplifies: RC
4731.22
119.032 Rule Review Date: 3/25/00