4729-5-30 Manner of issuance of a prescription.

(A)A prescription, to be valid, must be issued for a legitimate medical purpose by an individual prescriber acting in the usual course of his/her professional practice.  The responsibility for the proper prescribing is upon the prescriber, but a corresponding responsibility rests with the pharmacist who dispenses the prescription.  An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a prescription and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties of law.

 

(B)All prescriptions issued by a prescriber shall:
(1) Be dated as of and on the day when issued.
(2) Indicate the full name and address of the prescriber.
(3) Indicate the full name and address of the patient.
(4) Indicate the drug name and strength.
(5) Indicate the quantity to dispense.
(6) Indicate the appropriate directions for use.
(7) Specify the number of times or the period of time for which the prescription may be refilled.  If no such authorization is given, the prescription may not be refilled except in accordance with section 4729.281 of the Revised Code.  A prescription marked "Refill P.R.N." or some similar designation is not considered a valid refill authorization.
(8) Not authorize any refills for schedule II controlled substances.
(9) Authorize refills for schedules III and IV controlled substances only as permitted by section 3719.05 of the Revised Code.
(10) Not authorize a refill beyond one year from the date of issuance for schedule V controlled substances and for dangerous drugs that are not controlled substances.
(11) Identify the trade name or generic name of the drug(s) in a compounded prescription.
(12) Not be coded in such a manner that it cannot be dispensed by any pharmacy of the patient's choice.
(13) For prescriptions issued to a patient by a prescriber, be:
(a) Manually signed on the day issued by the prescriber in the same manner as he/she would sign a check or legal document.
(b) Issued in compliance with rule 4729-5-13 of the Administrative Code.
(14) Be issued in compliance with all applicable federal and state laws, rules, and regulations.

 

(C)When forms are used that create multiple copies of a prescription issued to a patient by a prescriber, the original prescription that bears the actual signature of the prescriber must be issued to the patient for dispensing by a pharmacist.

 

 

(D)A pharmacist may not dispense a dangerous drug for the first time beyond six months from the date of issuance of a prescription.

 

(E)Oral transmission by the prescriber or the prescriber’s agent of original prescriptions and refills authorized by a prescriber, pursuant to the requirements of this rule, may be transmitted by telephone only to:
(1) A pharmacist.  The prescriber or prescriber’s agent must provide his/her full name.  The pharmacist shall make a record of the prescriber's agent on the original prescription and, if used, on the alternate system of recordkeeping.  The pharmacist is responsible for assuring the validity of the source of the oral prescription.
(2) A recording device within the pharmacy if the pharmacist is unavailable.  The prescriber or prescriber's agent must provide his/her full name.  The pharmacist must remove the prescription from the recorder and reduce it to writing.  The pharmacist is responsible for assuring the validity of the prescription removed from the recorder.
(3) A licensed pharmacy intern if the pharmacist on duty who is supervising the activity of the intern determines that the intern is competent to receive telephone prescriptions.
(a) The intern shall immediately reduce the prescription to writing and shall review the prescription with the supervising pharmacist.  Prior to dispensing, positive identification of the intern and the supervising pharmacist shall be made on the prescription to identify the responsibility for the receipt of the oral order.
(b) The supervising pharmacist on duty is responsible for the accuracy of the prescription.
(c) The supervising pharmacist on duty must be immediately available to answer questions or discuss the prescription with the caller.

 

(F) Original written prescriptions authorized and signed by a prescriber may be transmitted by the prescriber or the prescriber’s agent by facsimile machine to a pharmacy pursuant to the following:
(1) The prescription must be issued in compliance with this rule.
(2) The original prescription signed by the prescriber from which the facsimile is produced shall not be issued to the patient.  The original prescription signed by the prescriber must remain with the patient’s records at the prescriber’s office or the institutional facility where it was issued.
(3) Such a facsimile shall only be valid as a prescription if a system is in place that will allow the pharmacist to maintain the facsimile as a part of the prescription record including the positive identification of the prescriber and his/her agent as well as positive identification of the origin of the facsimile.
(4) The pharmacist must record the prescription in writing pursuant to section 4729.37 of the Revised Code or store the facsimile copy in such a manner that will allow retention of the prescription record for three years from the date of the last transaction.
(5) Prescriptions for schedule II controlled substances may not be transmitted by facsimile except:
(a) Pursuant to rules 4729-17-09 and 4729-19-02 of the Administrative Code.
(b) For a narcotic substance issued for a patient enrolled in a hospice.  The original prescription must indicate that the patient is a hospice patient.  The facsimile transmission must also meet the other requirements of this rule.

(6) A facsimile of a prescription received by a pharmacy in any manner other than transmission directly from the prescriber or the prescriber’s agent shall not be considered a valid prescription, except as a copy of a prescription pursuant to rule 4729-5-24 of the Administrative Code.

 

(G) A prescription may be transmitted by means of a board-approved electronic prescription transmission system, without further verification by the pharmacist of the prescriber’s identity, provided that:
(1) The system shall require positive identification of the prescriber as defined in rule 4729-5-01 of the Administrative Code and the full name of any authorized agent of the prescriber who transmits the prescription.
(2) The computer data must be retained for a period of three years at the prescriber's office.

 

(H) A pharmacist who modifies a patient's drug therapy pursuant to a consult agreement and:
(1) Is also responsible for the dispensing of the drug to the patient must include on the drug order the name of the physician who originally prescribed the drug, sign the pharmacist's full name, and be in compliance with this rule in the same manner as the prescriber.
(2) Is not responsible for the dispensing of the drug to the patient may transmit the order to a pharmacy by acting as an agent of the physician.  Such pharmacist must personally transmit the order verbally or by facsimile to another pharmacist and be in compliance with this rule.