Section 4731.055 | Conditions for prescribing opioid analgesics or benzodiazepine drugs; adoption of rules regarding review drug database.
(A) As used in this section:
(1) "Drug database" means the database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code.
(2) "Physician" means an individual authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(3) "Opioid analgesic" and "benzodiazepine" have the same meanings as in section 3719.01 of the Revised Code.
(B) Except as provided in divisions (C) and (E) of this section, a physician shall comply with all of the following as conditions of prescribing a drug that is either an opioid analgesic or a benzodiazepine, or personally furnishing a complete or partial supply of such a drug, as part of a patient's course of treatment for a particular condition:
(1) Before initially prescribing or furnishing the drug, the physician or the physician's delegate shall request from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the request. If the physician practices primarily in a county of this state that adjoins another state, the physician or delegate also shall request a report of any information available in the drug database that pertains to prescriptions issued or drugs furnished to the patient in the state adjoining that county.
(2) If the patient's course of treatment for the condition continues for more than ninety days after the initial report is requested, the physician or delegate shall make periodic requests for reports of information from the drug database until the course of treatment has ended. The requests shall be made at intervals not exceeding ninety days, determined according to the date the initial request was made. The request shall be made in the same manner provided in division (B)(1) of this section for requesting the initial report of information from the drug database.
(3) On receipt of a report under division (B)(1) or (2) of this section, the physician shall assess the information in the report. The physician shall document in the patient's record that the report was received and the information was assessed.
(C) Division (B) of this section does not apply in any of the following circumstances:
(1) A drug database report regarding the patient is not available, in which case the physician shall document in the patient's record the reason that the report is not available.
(2) The drug is prescribed or personally furnished in an amount indicated for a period not to exceed seven days.
(3) The drug is prescribed or personally furnished for the treatment of cancer or another condition associated with cancer.
(4) The drug is prescribed or personally furnished to a hospice patient in a hospice care program, as those terms are defined in section 3712.01 of the Revised Code, or any other patient diagnosed as terminally ill.
(5) The drug is prescribed or personally furnished for administration in a hospital, nursing home, or residential care facility.
(6) The drug is prescribed or personally furnished to treat acute pain resulting from a surgical or other invasive procedure or a delivery.
(D) The state medical board may adopt rules that establish standards and procedures to be followed by a physician regarding the review of patient information available through the drug database under division (A)(5) of section 4729.80 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(E) This section and any rules adopted under it do not apply if the state board of pharmacy no longer maintains the drug database.
Available Versions of this Section
- March 13, 2013 – Senate Bill 301 - 129th General Assembly [ View March 13, 2013 Version ]
- April 1, 2015 – Senate Bill 276 - 130th General Assembly [ View April 1, 2015 Version ]