OHIO PHARMACY PRACTICE ACT

OHIO PHARMACY PRACTICE ACT

This set of code sections deals with the practice of pharmacy in Ohio

Sections to be aware of will be listed on slides and in outline

Sec 4729.01 Definitions

Practice pharmacy

Dangerous drugs

Prescription

Practitioner

Price Information

Wholesaler, manufacturer, and terminal distributor of dangerous drugs

Sec 4729.01 Definitions

(B) Practice Pharmacy - Pharmacist care

1.Managing drug therapy, interpreting RX’s

2.Dispensing and compounding drugs.

3.Dispensing devices.

4.Counseling patients.

5.Reviews of drug regimens.

6.Reviews of drug utilization.

7.Drug therapy advice.

8.Consult Agreement

(C) Compounding

The preparation, mixing, assembling, packaging, and labeling of one or more drugs in any of the circumstances listed in division (C)

(D) "Consult agreement"

An agreement to manage an individual's drug therapy that has been entered into by a pharmacist and a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(F) "Dangerous drug"

A drug that may be dispensed only upon a prescription;

Any drug that contains a schedule V controlled substance and that is exempt from Chapter 3719. of the Revised Code

Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.

(H) "Prescription"

A written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.

(I) "Licensed health professional authorized to prescribe drugs" or "prescriber"

(1) A dentist

(2) An advanced practice nurse

(3) An optometrist

(4) A physician authorized under chapter 4731. of the revised code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

(5) A veterinarian

(N) Price Information

(O) Wholesaler, manufacturer, and terminal distributor of dangerous drugs

Sec 4729.02 State board of Pharmacy

nine members, eight of whom shall be pharmacists

one of whom shall be a public member at least sixty years of age

appointed by the governor for four years

No member of the board shall be reappointed to the board more than once.

4729.08 Qualifications for pharmacist

18 years old

Good moral character and habits

Pharmacy degree

Completed internship requirements

4729.09 Reciprocal registration

Current certificate to practice and must have been registered by exam in other state

Good moral character

Similar credentials at time of registration

Other state must reciprocate with Ohio. Ohio does not reciprocate with Cal & Fla.

4729.12 Identification Card and Certificate of Registration

Renewed every year by September 15

Must carry ID card with you at all times when practicing and certificate must be displayed at principal place of employment

Lapsed for>60 days but <3 years - only have to pay fee to renew

4729.13 Renewal of Identification card after 3 year lapse

If ID card lapsed for more than 3 years

And if not actively practicing in another state

Must take exam again

Note - If registered and practicing in another state only needs to pay fee

4729.15 Fees for interns and pharmacists

4729.16 Revocation, suspension, probation, fine, refuse to renew

Notice and opportunity for hearing

Grounds spelled out in Section (A)

Board can take action even if no court action taken

4729.27 Pharmacy must be conducted by RPh

4729.28 Unlawful selling of dangerous drugs

Section 4729.281 Pharmacist dispensing drug without a prescription; Conditions

Any drug other than a schedule II if:

1.Rx on file but no refill

2.R.Ph. Unable to obtain authorization for refill

3.(a) essential to patient’s therapy and

(b) failure to dispense would result in harm to patient

4.72 hour supply

5.Maintain record and notify prescriber

Section 4729.29 Prescriber dispensing and labeling

When a prescriber personally furnishes drugs to a patient pursuant to division (a)(1) of this section, the prescriber shall ensure that the drugs are labeled and packaged in accordance with state and federal drug laws and any rules and regulations adopted pursuant to those laws.

Records of purchase and disposition of all drugs personally furnished to patients shall be maintained by the prescriber in accordance with state and federal drug statutes and any rules adopted pursuant to those statutes.

Section 4729.36

Only a pharmacy can use words like pharmacy, drug store, etc.

Section 4729.361

Disclosure of price information

4729.37

Prescriptions to be kept for 3 years 4729.38 Generic substitution

Definition of "Generically equivalent drug" See Section 3615.01(16)

Prescriber must WRITE D.A.W. or Dispense as Written to avoid substitution

4729.38 More Generic substitution

Price to the patient is less than or equal to the price of the prescribed drug.

Inform purchaser of price difference and right to refuse the drug selected

Label must contain brand name or generic name & distributor

Labeling requirements - Section (B)

Notify of generic substitution

Section 4729.39
Consult agreements authorized; conditions

1.Agreement between R.Ph. and physician

2. Separate agreement for each patient

3. May include monitoring and modifying a prescription

4. Must be signed by physician, R.Ph. And patient

5.R.Ph. To maintain records

6. Prior to taking action R.Ph. must attempt to contact physician and must contact physician within 48 hrs

7. Any one of the parties may terminate the agreement

8. Boards to adopt rules

Ohio’s Dangerous Drug Distribution Act

This set of code sections deals with the selling and distribution of dangerous drugs between manufacturer, wholesaler, terminal distributor, and practitioner

4729.51 Who may sell and distribute DD

4729.53 Wholesaler Qualifications

4729.54 Categories of terminal distributors

(1) "Category I" means single-dose injections of intravenous fluids

(2) "Category II" means any dangerous drug that is not included in category I or III.

(3) "Category III" means any controlled substance that is contained in schedule I, II, III, IV, or V.
4729.55 Terminal Distributor Qualifications

4729.60 Certificate required by wholesalers

1. Wholesaler must obtain certificate of licensure from terminal distributor before selling DD

2. Terminal distributor must obtain wholesaler’s certificate number before purchasing DD