DRUGS - CONTROLLED SUBSTANCES

"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." OAC § 4731-11-02  (D)

Various chemical substances are classified in five categories, or "schedules," according to the following criteria.

Schedule I - high potential for abuse; no accepted medical use in treatment in this state, or lacks accepted safety for use in treatment under medical supervision. ORC § 3719.44 (C) Substances on this schedule are prohibited and may only be used, after FDA consent, for research.

Schedule II - high potential for abuse; abuse may lead to severe physical or psychological dependencies; substance has currently accepted medical use in treatment in this state, or currently accepted medical use with severe restrictions. ORC § 3719.44 (D)

Schedule II prescriptions must be written and signed by the practitioner; no telephoned prescriptions are accepted except in an emergency. Schedule
II prescriptions are not refillable. ORC § 3719.05 (A), (D)

Schedule III - potential for abuse less than Schedules I and II substances; abuse may lead to moderate or low physical dependence or high psychological dependence; has currently accepted medical use in treatment in this state. ORC § 3719.44 (E)

Schedule III prescriptions may be written or telephoned. Refills may not exceed five times (5x) in a six -month period. ORC § 3719.05 (A)

Schedule IV - low potential for abuse relative to Schedule III substances; abuse may lead to limited physical dependence or psychological dependence relative to Schedule III substances; has currently accepted medical use in treatment in this state. ORC § 3719.44 (F)

Schedule IV prescriptions may be written or telephoned. Refills may not exceed five times (5x) in a six -month period. ORC § 3719.05 (A)

Schedule V - low potential for abuse relative to Schedule IV substances; abuse may lead to limited physical dependence or psychological dependence relative to Schedule IV substances; has currently accepted medical use in treatment in this state. ORC § 3719.44 (G)

Prescriptions for dangerous drugs, other than controlled substances, may not be authorized for refill beyond one year from the date of issuance. OAC § 4729-5-30  (D) Prescriptions for controlled substances shall be authorized for refill only as permitted in ORC § 3719.05 (see above).

The schedules for controlled substances are listed in ORC § 3719.41 and in OAC § 4729-11-01,  4729-11-02, 4729-11-03 and 4729-11-04 of the State Board of Pharmacy's rules. The State Board of Pharmacy has authority to amend these schedules. Its address is: 77 South High Street, Columbus, Ohio 43266-0320, (614) 466-4143.

"A practitioner licensed to prescribe, dispense, and administer controlled substances to a human being in the course of his professional practice may prescribe Schedule II controlled substances by a written prescription or Schedule III or IV controlled substances by a written or oral prescription, administer or dispense Schedule II, III, or IV controlled substances, or he may cause the same to be administered under his direction and supervision. Each written prescription shall be dated and signed by the practitioner prescribing on the day when issued and shall bear the full name and address of the person for whom the controlled substance is prescribed and the full name, address and registry number under the federal drug abuse control laws of the person prescribing." ORC § 3719.06 (A)

A practitioner must keep a record of all controlled substances received by him, and a record of all such drugs administered, dispensed, or used by him. ORC § 3719.07 (A), (E)

A practitioner who dispenses any controlled substance in the course of his practice must comply with specific labeling requirements. ORC § 3719.08 (B)

A physician - either individually, in a partnership, or as a member of a professional association incorporated under ORC Chapter 1785 - is not required to be licensed as a terminal distributor of dangerous drugs when purchasing drugs for resale. ORC § 4729.02, (H), 4729.29, 4729.51 (C) However, such exemption applies only when the physician is dispensing to his or her patients and not retailing to the public. ORC § 4729.29

Patients may possess controlled substances only in the container in which the controlled substance was originally dispensed. ORC § 3719.09 (C)

"Failure to use reasonable care discrimination in the administration of drugs, or failure to employ acceptable scientific methods in the selection of drugs or other modalities for treatment of disease; and selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes or a plea of guilty to, or a judicial finding of guilt of, a conviction of violation of any federal or state law regulating the possession,
distribution, or use of any drug," are grounds for discipline. ORC § 4731.22 (B), (2), (3) (For criminal drug abuse provisions, see ORC Chapter 2925.)

(See also: AMPHETAMINES, PRESCRIPTION OF; COCAINE HYDROCHLORIDE; DISPENSING OF DRUGS, PHYSICIAN; STEROIDS, PRESCRIPTION OF )

DRUGS - CONTROLLED SUBSTANCES