DrugBuyers.Com: HOW LONG IS A WRITTEN SCRIPT GOOD FOR IN OHIO?

An interesting tidbit regarding Ohio law and the dispensing of any but Schedule II prescriptions. Essentially, if your doctor cannot be reached AND you regularly use that pharmacy to fill your meds AND you have no refills left on a drug OTHER THAN A SCHEDULE II substance, theoretically a pharmacist can prescribe that drug to you if they feel it would be in your best interest to do so. For example, a patient has been taking Ativan for a siezure problem and has run out of refills, it's a holiday weekend and neither the doctor nor his answering service can be reached. That patient has been filling their Ativan at that pharmacy for 9 months. The pharmacist knows 2 things: the patient could potentially die from benzodiazepine withdrawal AND that the patient may have siezures if the drug is NOT prescribed. Ohio law allows the pharmacist to prescribe in this situation. Copy and Paste from Ohio Pharmacy Board website:

IT IS OFTEN DIFFICULT IF NOT IMPOSSIBLE TO REACH A PRESCRIBER IN THE EVENING OR ON WEEKENDS AND REQUEST AUTHORIZATION TO REFILL A PRESCRIPTION FOR A PATIENT. CAN I DISPENSE ENOUGH OF THE MEDICATION UNTIL I REACH THE PRESCRIBER FOR AUTHORIZATION AND/OR A NEW PRESCRIPTION?

Ohio Revised Code Section 4729.281 was enacted by the Ohio General Assembly in July, 1998 and authorizes a pharmacist to dispense any drug other than Schedule II controlled substances to patients when all of the authorized refills have been used and the prescriber cannot be contacted. The law reads as follows:

Section 4729.281

(A) A pharmacist may dispense or sell a dangerous drug, other than a schedule II controlled substance as defined in section 3719.01 of the Revised Code, without a written or oral prescription from a licensed health professional authorized to prescribe drugs if all of the following conditions are met:

(1) The pharmacy at which the pharmacist works has a record of a prescription for the drug in the name of the patient who is requesting it, but the prescription does not provide for a refill or the time permitted by rules adopted by the state board of pharmacy for providing refills has elapsed.

(2) The pharmacist is unable to obtain authorization to refill the prescription from the health care professional who issued the prescription or another health professional responsible for the patient's care.

(3) In the exercise of the pharmacist's professional judgment:

(a) The drug is essential to sustain the life of the patient or continue therapy for a chronic condition of the patient.

(b) Failure to dispense or sell the drug to the patient could result in harm to the health of the patient.

(4) The amount of the drug that is dispensed or sold under this section does not exceed a seventy-two hour supply as provided in the prescription.

(B) A pharmacist who dispenses or sells a drug under this section shall do all of the following:

(1) For one year after the date of dispensing or sale, maintain a record in accordance with this chapter of the drug dispensed or sold, including the name and address of the patient and the individual receiving the drug, if the individual receiving the drug is not the patient, the amount dispensed or sold, and the original prescription number;

(2) Notify the health professional who issued the prescription described in division (A)(1) of this section or another health professional responsible for the patient's care not later than seventy-two hours after the drug is sold or dispensed;

(3) If applicable, obtain authorization for additional dispensing from one of the health professionals described in division (B)(2) of this section.

(C) A pharmacist who dispenses or sells a drug under this section may do so once for each prescription described in division (A)(1) of this section.

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