4731-11-05 Use of drugs to enhance athletic ability.

(A) A physician shall not utilize anabolic steroids, growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of enhancing athletic ability.

(B) A physician shall complete and maintain patient medical records which accurately reflect the utilization of any substance or drug described in this rule. Patient medical records shall indicate the diagnosis and purpose for which the substance or drug is utilized, and any additional information upon which the diagnosis is based.

(C) 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 (A) 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.

HISTORY: Eff 11-17-86
Rule promulgated under: RC Chapter 119 .
Rule authorized by: RC 4731.05
Rule amplifies: RC 4731.22 (B)(2)(3)(6)

Case Notes and OAG

CASE NOTES AND OAG

1. (1998) Appellant failed in his contention that a physician need only complete and maintain patient medical records when the physician utilizes the drugs listed in paragraph (A) of OAC 4731-11-05 for the purpose of enhancing athletic ability. Apart from those instances, appellant incorrectly contended the physician has no duty under OAC 4731-11-05 (B) to complete and maintain patient medical records: Auge v. Medical Bd., No. 98AP-157 (10 th Dist.), 1998 Ohio App. LEXIS 5621 .


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Containing legislation passed and filed through August 1, 2000.