Ohio Administrative Code|Rule 4729:5-5-15 | 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 the prescriber's 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 outpatient prescriptions issued
		  by a prescriber shall:
(1) Be dated as of and on
			 the day when issued.
(2) Contain the manually
			 printed, typewritten, or preprinted full name, professional title, and address
			 of the prescriber. The prescriber's address shall include the physical
			 address of the prescriber's practice location.
(3) Indicate a telephone
			 number where the prescriber can be contacted during normal business
			 hours.
(4) Indicate the full name and residential address of the
			 patient; or, if the patient is an animal, the last name of the owner, name of
			 animal (if applicable), and species of the animal or animals. The patient or
			 owner's residential address shall include a physical street
			 address.
(5) Indicate the drug
			 name and strength.
(6) Indicate the quantity
			 to dispense.
(7) Indicate the
			 appropriate and explicit directions for use.
(8) 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) Prescriptions for non-controlled substance dangerous
				drugs bearing "PRN," "Ad lib," or other similar
				prescription refill designation permitting the pharmacist to refill the
				prescription as needed by the patient, shall be refilled only in keeping with
				the number of doses ordered and according to the directions for use, and, in no
				instance, shall such prescription be refilled beyond one year from the date of
				issue. The prescription shall not be refilled out of context with the dosage
				schedule indicated in the directions for use unless specifically authorized by
				the prescriber. 
(b) Prescriptions for controlled substance dangerous drugs
				bearing "PRN," "Ad lib," or other similar prescription
				refill designation are not considered a valid refill
				authorization.
(9) Not authorize any
			 refills for schedule II controlled substances.
(10) Authorize refills
			 for schedules III and IV controlled substances only as permitted by section
			 3719.05 of the Revised Code.
(11) 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.
			 
(12) Identify the trade
			 name or generic name of the drug(s) in a compounded prescription.
(13) Not be coded in such
			 a manner that it cannot be dispensed by any pharmacy of the patient's
			 choice.
(14) For a controlled
			 substance:
(a) Indicate the drug enforcement administration
				registration number of the prescriber pursuant to 21 CFR 1306.05
				(3/31/2010).
(b) Except for veterinarians licensed pursuant to Chapter
				4741. of the Revised Code, indicate either:
(i) The ICD-10-CM medical
				  diagnosis code of the primary disease or condition that the controlled
				  substance is being used to treat. The code shall, at a minimum, include the
				  first four alphanumeric characters of the ICD-10-CM medical diagnosis code,
				  sometimes referred to as the category and the etiology (ex. M
				  16.5).
(ii) For dentists
				  licensed pursuant to Chapter 4715. of the Revised Code, the Code on Dental
				  Procedures and Nomenclature (CDT Code), as published by the American dental
				  association, of the dental treatment requiring the controlled substance
				  prescription.
(15) Except for
			 veterinarians licensed under Chapter 4741. of the Revised Code, for all
			 controlled substances and products containing gabapentin: indicate the
			 prescriber's intended days' supply of the prescription.
(16) For a managing
			 pharmacist acting as an agent of a physician pursuant to section 4729.39 of the
			 Revised Code and Chapter 4729:1-6 of the Administrative Code, the prescription
			 shall include the full name of the managing pharmacist.
(17) Be issued in
			 compliance with all applicable federal and Ohio laws, rules, and
			 regulations.
(C) Failure of a prescription to contain
		  the requirements set forth in paragraphs (B)(14)(b) and (B)(15) of this rule or
		  of the pharmacist to obtain the information set forth in paragraphs (B)(14)(b)
		  and (B)(15) of this rule shall not render the prescription, if dispensed in
		  good faith, to be invalid.
(D) All prescriptions issued on paper to
		  a patient by a prescriber shall be:
(1) Manually signed on
			 the day issued by the prescriber in the same manner as the prescriber would
			 sign a check or legal document.
(2) Issued in compliance
			 with rule 4729:5-5-05 of the Administrative Code.
(E) When forms are used that create
		  multiple copies of a prescription issued to a patient by a prescriber, the
		  original prescription that includes the actual signature of the prescriber must
		  be issued to the patient for dispensing by a pharmacist.
(F) Pursuant to section 4729.38 of the
		  Revised Code, a pharmacist shall not select a generically equivalent drug or
		  interchangeable biological product if either of the following
		  applies:
(1) In the case of a
			 written or electronic prescription, including a computer- generated
			 prescription, the prescriber handwrites or actively causes to display on the
			 prescription "dispense as written," "D.A.W.," "do not
			 substitute," "brand medically necessary," or any other statement
			 or numerical code that indicates the prescriber's intent to prevent
			 substitution. Such a designation shall not be preprinted or stamped on the
			 prescription, but a reminder to the prescriber of the designation procedure may
			 be preprinted or displayed on the prescription form or electronic system the
			 prescriber uses to issue the prescription.
(2) In the case of an
			 oral prescription, the prescriber or the prescriber's agent specifies that
			 the drug as prescribed is medically necessary or otherwise indicates the
			 prescriber's intent to prevent substitution.
(G) Pursuant to section 4729.40 of the
		  Revised Code, a pharmacist shall not dispense a quantity or amount of drug that
		  varies from the quantity or amount of the drug that otherwise would be
		  dispensed unless all the conditions are met in accordance with that section and
		  either of the following applies:
(1) The prescriber
			 includes "dispense as written" or another phrase having a similar
			 meaning on the prescription. Such a designation shall not be preprinted or
			 stamped on the prescription, but a reminder to the prescriber of the
			 designation procedure may be preprinted or displayed on the prescription form
			 or electronic system the prescriber uses to issue the
			 prescription.
(2) When issuing a
			 prescription electronically or orally, the prescriber specifies that the
			 quantity or amount of the drug to be dispensed may not vary from the quantity
			 or amount specified in the prescription.
(H) Pursuant to section 4729.382 of the
		  Revised Code, a pharmacist shall not make the substitution of an epinephrine
		  autoinjector if either of the following applies to the
		  prescription:
(1) In the case of a
			 written or electronic prescription, including a computer-generated
			 prescription, the prescriber handwrites or actively causes to display on the
			 prescription "dispense as written," "D.A.W.," "do not
			 substitute," "medically necessary as prescribed," or any other
			 statement or numerical code that indicates the prescriber's intent to
			 prevent substitution. Such a designation shall not be preprinted or stamped on
			 the prescription, but a reminder to the prescriber of the designation procedure
			 may be preprinted or displayed on the prescription form or electronic system
			 the prescriber uses to issue the prescription.
(2) In the case of an
			 oral prescription, the prescriber specifies that the epinephrine autoinjector
			 as prescribed is medically necessary or otherwise indicates the
			 prescriber's intent to prevent substitution.
(I) A patient or patient's caregiver shall have the
		  exclusive right to freedom of choice for any pharmacy to dispense
		  prescriptions. 
(J) A pharmacist may dispense a prescription from a
		  prescriber practicing outside of Ohio, if all the following apply:
(1) The prescriber who
			 issued the prescription would ordinarily be entitled to issue prescriptions
			 under Ohio law and the state where the prescription was issued; 
(2) The prescription
			 meets all the requirements of this rule, including whether the prescription is
			 for a legitimate medical purpose in accordance with paragraph (A) of this
			 rule.
(3) The prescription is
			 transmitted in accordance with rule 4729:5-3-11 of the Administrative Code;
			 and
(4) For a controlled
			 substance prescription, the prescriber holds a valid drug enforcement
			 administration registration number in the state of origin of the
			 prescription.