agency-4729-1•Ohio Administrative Code 4729:1 — State Board of Pharmacy | Pharmacists
Ohio Administrative Code 4729:1 — State Board of Pharmacy | Pharmacists
agency-4729-1Ohio Adm.Code 4729:1Regulation
Chapter 4729:1-1 Definitions
Ohio Adm.Code 4729:1-1-01 Definitions - pharmacists.
As used in this division:
(A) "Abandoned application" means an application for a licensure pursuant to this division where the applicant fails to complete all application requirements within thirty days after being notified by the board. An applicant forfeits all fees associated with an abandoned application. The board shall not be required to act on any abandoned application and the application may be destroyed by board staff. If the application is abandoned, the applicant shall be required to reapply for licensure, submit the required fee and comply with the licensure requirements in effect at the time of reapplication.
(B) "Addicted to or abusing alcohol or drugs" means the chronic and habitual use of alcohol or the use of a drug of abuse as defined in section 3719.011 of the Revised Code by an individual to the extent that the individual no longer can control the individual's use of alcohol or drugs, the individual is physically or psychologically dependent on alcohol or drugs, or the individual's use or abuse of alcohol or drugs endangers the health, safety, or welfare of the individual or others.
(C) "Board of pharmacy" or "board" means the state board of pharmacy established under Chapter 4729. of the Revised Code.
(D) "Business day" means any day other than Saturday, Sunday or a holiday recognized by the state of Ohio on which the offices of the board of pharmacy are not open for business.
(E) "Compounding" has the same meaning as defined in section 4729.01 of the Revised Code and agency 4729 of the Administrative Code.
(F) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(G) "Disciplinary action," unless otherwise stated in this division, means any of the following by the drug enforcement administration or licensing agency of any state or jurisdiction, regardless of whether the action occurred by formal proceeding, consent, settlement, or other agreement:
(1) An action to revoke, suspend, restrict, limit, or refuse to grant or renew a license, registration, or certification;
(2) A summary or emergency suspension of a license, registration or certification, of any length, and any subsequent revision to the action;
(3) An administrative fine or money penalty, taken as a result of a formal proceeding, to include any fine or money penalty connected to the delivery of health care services or taken in conjunction with other adverse licensure, registration or certification actions, such as revocation, suspension, censure, reprimand, or probation;
(4) An action to reprimand or place the license, registration, or certification holder on probation;
(5) The issuance of a corrective action plan only if such issuance is in conjunction with other adverse licensure, registration or certification actions, such as revocation, suspension, reprimand, probation, or surrender;
(6) The withdrawal of a renewal application for licensure, registration or certification while under investigation;
(7) The non-renewal of a license, registration or certification while under investigation or to avoid an investigation;
(8) The surrender or other relinquishment of a license, registration or certification in lieu of a formal sanction against a person's license, registration, or certificate, whether permanent or temporary;
(9) In lieu of an adverse licensure, registration or certification action, a licensing agency issues a consent order in which a person agrees not to re-apply for a license, registration, or certification in the future;
(10) An enforceable agreement not to practice or to be placed into inactive or other equivalent status while under investigation or in exchange for not conducting an investigation.
(H) "Dispense" means the final association of a drug with a patient pursuant to a prescription, drug order, or other lawful order of a prescriber and the professional judgment of and the responsibility for interpreting, preparing, compounding, labeling, and packaging a specific drug.
(I) "Interpret prescriptions," as used in section 4729.01 of the Revised Code, means the professional judgment of a pharmacist when reviewing a valid prescription order of a prescriber for a patient in accordance with the applicable requirements set forth in agency 4729 of the Administrative Code.
(J) "Personal supervision" or "direct supervision" means a pharmacist shall be physically present in the pharmacy, or in the area where the practice of pharmacy is occurring, to provide personal review and approval of all professional activities.
(K) "Pharmacist" means an individual who holds a valid pharmacist license in accordance with Chapter 4729. of the Revised Code.
(L) "Place on probation" means to take action against a license, for a period of time determined by the board, which imposes conditions or other requirements, or suspends or otherwise restricts some or all of the activities in which the licensee may engage.
(M)
(1) "Positive identification" means a method of identifying a person that does not rely solely on the use of a private personal identifier such as a password, but must use a secure means of identification that includes any of the following:
(a) A manual signature on a hard copy record;
(b) A magnetic card reader;
(c) A bar code reader;
(d) A biometric method;
(e) A proximity badge reader;
(f) A board approved system of randomly generated personal questions;
(g) A printout of every transaction that is verified and manually signed within a reasonable period of time by the individual who performed the action requiring positive identification. The printout must be maintained for three years and made readily retrievable; or
(h) Other effective methods for identifying individuals that have been approved by the board.
(2) A method relying on a magnetic card reader, a bar code reader, a proximity badge reader, or randomly generated questions for identification must also include a private personal identifier, such as a password, for entry into a secure mechanical or electronic system.
(N) "Practice of pharmacy" has the same meaning as in division (B) of section 4729.01 of the Revised Code.
(O) "Readily retrievable" means that records maintained in accordance with this division shall be kept in such a manner that, upon request, they can be produced for review no later than three business days to an agent, officer or inspector of the board.
(P) "Responsible person" has the same meaning as defined in rule 4729:5-2-01 of the Administrative Code.
(Q) "Refuse to grant or renew" means to deny original or continued licensure for a period of at least twenty-four months. After twenty-four months, or such period of time as the individual board order may require, a person licensed by the board or a person seeking to attain such status by licensure, and whose license the state board of pharmacy has refused to grant or renew, may make application to the board for issuance of a new license. A person that seeks to attain such status by licensure, whose license the state board of pharmacy has refused to grant or renew, must meet all requirements established by the board in rule and as may be set forth in the person's board order.
(R) "Revoke" means to take action against a license rendering such license void and such license shall not be reissued. "Revoke" is an action that is permanent against the licensee.
(S) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
(T) "Suspend" means to take action against a license rendering such license without force and effect for a period of time as determined by the state board of pharmacy. The board may require that an individual whose license or registration has been suspended may not be employed by or work in a facility licensed by the state board of pharmacy to possess or distribute dangerous drugs during such period of suspension.
(U) "Summary suspension" means to take immediate action against a license without a prior hearing rendering such license without force and effect for a period of time as indicated in section 3719.121 of the Revised Code. The board may suspend a license issued pursuant to Chapter 4729. of the Revised Code by utilizing a telephone conference call to review the allegations and take a vote.
(V) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces, including the national guard and reserve.
Last updated April 25, 2022 at 8:26 AM
History
- Effective: April 25, 2022
- Promulgated Under: 119.03
Chapter 4729:1-2 Licensing of Pharmacists
Ohio Adm.Code 4729:1-2-01 Criteria for licensure by examination.
(A) Pursuant to sections 4729.07 and 4729.13 of the Revised Code, pharmacist licensure by examination shall consist of:
(1) The "North American Pharmacist Licensure Examination" (NAPLEX) administered by the national association of boards of pharmacy (NABP); and
(2) A jurisprudence examination which shall be one of the following as determined by the board:
(a) The "Multistate Pharmacy Jurisprudence Examination" (MPJE) administered by the national association of boards of pharmacy (NABP); or
(b) A jurisprudence examination administered by NABP and approved by the board.
(B) Unless otherwise approved by the board, the minimum passing score on each examination shall be determined by NABP.
(1) Any candidate who fails to receive a passing score on the NAPLEX examination shall make application and remit the fee established by the state board of pharmacy for re-examination.
(2) Any candidate who fails to receive a passing score on the jurisprudence examination shall make application and remit the fee established by the state board of pharmacy for re-examination.
(C) A candidate may use the NABP process to transfer the candidate's NAPLEX score to Ohio only after the candidate has met all of the requirements set by the board for examination and licensure in Ohio.
(D) Pursuant to section 4729.08 of the Revised Code, graduates of unapproved schools or colleges of pharmacy located outside the United States who are using an approved examination to establish equivalency of their education shall:
(1) Obtain a passing score, as determined by NABP, on the "Foreign Pharmacy Graduate Equivalency Examination (FPGEE)"; and
(2) Show oral proficiency in English by successful completion of the "Test of English as a Foreign Language, Internet-based test" (TOEFL iBT) pursuant to rule 4729:1-2-04 of the Administrative Code.
(E) Any examination candidate who fails to take both of the required examinations pursuant to paragraph (A) of this rule within twelve months from the date the board receives the application materials shall submit a new application for the required examination or examinations and remit the fee established by the board, as the original application shall be deemed abandoned.
(F) The record of the passing score for an examination candidate who takes both of the required examinations pursuant to paragraph (A) of this rule, but successfully only completes one examination will:
(1) Be maintained up to three years if no more than twelve months has elapsed between attempts to successfully complete the remaining examination.
(2) Not be maintained if more than twelve months has elapsed between attempts to successfully complete the remaining examination. It will then be necessary for the examination candidate to repeat both examinations for Ohio licensure.
(G) Any candidate who has requested to transfer their NAPLEX score to Ohio must successfully complete the jurisprudence examination within twelve months from the date the candidate completed the NAPLEX examination or the score transfer will be denied.
(H) Pursuant to section 4729.071 of the Revised Code, a candidate must submit electronic or ink fingerprint impressions for a criminal records check prior to receiving approval to take the required examinations. An examination candidate must submit fingerprint impressions no later than sixty days after the date the board receives the application materials. After sixty days, a candidate must submit a new application, the required fee, and fingerprint impressions, as the original application shall be deemed abandoned.
(I) Candidates shall be limited to a total of five attempts to pass the NAPLEX and the jurisprudence examination. The board may grant one additional attempt to pass the NAPLEX and the jurisprudence examination in the event of extraordinary circumstances. A candidate that exceeds the limits set forth in this paragraph is no longer eligible to obtain licensure as a pharmacist by examination pursuant to this rule.
(J) Pursuant to section 4729.16 of the Revised Code, a limited or restricted license may be issued to an applicant upon the determination of the board.
Last updated January 15, 2025 at 7:58 AM
History
- Effective: January 15, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-04
Successful completion of the "Test of English as a Foreign Language, Internet-based test" (TOEFL iBT) shall be the following minimum scores or higher:
(A) Writing: twenty-four;
(B) Speaking: twenty-six;
(C) Listening: twenty-one; and
(D) Reading: twenty-two.
Last updated May 19, 2026 at 3:55 PM
History
- Effective: September 15, 2017
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-02 Criteria for licensure by reciprocity.
(A) An applicant seeking licensure as a pharmacist by reciprocity shall comply with all the following:
(1) Be at least eighteen years of age.
(2) Obtain a degree in pharmacy from a school of pharmacy approved by the state board of pharmacy.
(3) Have met the applicable practical experience requirements by either:
(a) Successfully graduating after December 31, 2006 with a doctor of pharmacy degree (Pharm.D.) from a school of pharmacy approved by the state board of pharmacy; or
(b) Obtaining a total of at least one thousand seven hundred and forty hours of documented supervised practical experience in Ohio or any other state or jurisdiction in which the credentials are at least the equivalent of those required by this state at the time the experience was obtained. If the reciprocating state or jurisdiction requires less than the required hours, the board may grant internship credit for practice as a pharmacist.
(4) Hold an active license or registration to practice pharmacy, which is in good standing, in a state or jurisdiction in which the credentials are at least the equivalent of those required by this state. Certification of these credentials shall be conducted by the national association of boards of pharmacy (NABP).
(B) An applicant who has met the requirements of the state or jurisdiction with which the applicant holds a certificate of good standing pursuant to a "Foreign Pharmacy Graduate Examination Commission (FPGEC)" certificate shall be required to establish proficiency in spoken English by providing evidence of the successful completion of the "Test of English as a Foreign Language, Internet-based test" (TOEFL iBT) pursuant to rule 4729:1-2-04 of the Administrative Code.
(C) Except as provided in rule 4729:1-2-09 of the Administrative Code, candidates who qualify for licensure by reciprocity shall successfully complete a course developed by the board or approved by the board, that includes a scored evaluation component, on Ohio law and rules governing the practice of pharmacy.
(1) Candidates who do not successfully complete this course within six months following the submission of a completed application shall file a new application and required fee for licensure by reciprocity, as the original application shall be deemed abandoned.
(2) The board may require an applicant to complete the jurisprudence examination as defined in rule 4729:1-2-01 of the Administrative Code in lieu of completing the course if the applicant has never obtained a passing score on a jurisprudence examination for any state or jurisdiction.
(3) Paragraph (C)(2) of this rule does not apply to applicant who either:
(a) Received initial licensure prior to January 1, 2018; or
(b) Successfully passed a board approved state jurisprudence examination.
(D) Pursuant to section 4729.071 of the Revised Code, a candidate must submit electronic or ink fingerprint impressions for a criminal records check prior to receiving an initial license to practice as a pharmacist. A reciprocity candidate must submit fingerprint impressions no later than six months after the date the board receives the application materials. After six months, a candidate must submit a new application, the required fee, and fingerprint impressions.
(E) Pursuant to division (B)(2) of section 4796.03 of the Revised Code, the board hereby waives the requirements set forth in division (B)(1) of section 4796.03 of the Revised Code.
(F) Pursuant to division (F)(3) of section 4796.03 of the Revised Code, the required fee for reciprocity shall be three hundred thirty-seven dollars and fifty cents and any transaction fee as required by section 125.18 of the Revised Code.
(G) Pursuant to section 4729.16 of the Revised Code, a limited or restricted license may be issued to an applicant upon the determination of the board.
Last updated January 15, 2025 at 7:58 AM
History
- Effective: January 15, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-09
(A) As used in this rule:
(1) "Military duty" has the same meaning as in section 4743.041 of the Revised Code.
(2) "In good standing" means an applicant to which both the following apply:
(a) Has not been denied a license, registration, or certificate by any public agency or licensing agency; and
(b) Does not have a license, registration, or certificate limited, suspended, or revoked by any public agency or licensing agency.
(B) To meet the requirements set forth in section 4743.041 of the Revised Code, the state board of pharmacy shall issue an expedited license to a pharmacist applicant if the individual or the individual's spouse is on military duty in this state and the applicant complies with all the following:
(1) The individual holds a valid license or other authorization to practice as a pharmacist issued by any other state or jurisdiction. Certification of these credentials shall be filed on forms provided by the national association of boards of pharmacy (NABP) or similar forms recognized and approved by the board.
(2) The individual shall be in good standing in the state or jurisdiction of licensure.
(3) The individual presents adequate proof to the board, in accordance with paragraph (G) of this rule, that the individual or the individual's spouse is on military duty in this state.
(4) The individual complies with sections 4776.01 to 4776.04 of the Revised Code. An applicant shall submit fingerprint impressions for a criminal records check in accordance with rule 4729:1-2-05 of the Administrative Code.
(C) The board shall, within twenty-four hours after receiving the report under division (A) of section 4776.04 of the Revised Code, notify an individual applying for an expedited license in accordance with this rule that the board has received the results of a criminal records check.
(D) The board shall issue an expedited pharmacist license under this rule, provided that the applicant meets the requirements of this rule, within fourteen days of having received the results of a criminal records check. The board shall not be required to issue an expedited license if any of the following apply:
(1) The applicant fails to meet the application requirements set forth in this rule or section 4743.041 of the Revised Code.
(2) The applicant is under investigation by the licensing agency of any other state or jurisdiction.
(3) The applicant is in violation of any provision section 4729.16 of the Revised Code or rules adopted thereunder.
(E) Notwithstanding any other provision of the Revised Code or Administrative Code, the board shall waive or refund all fees associated with the issuance of an initial expedited license issued under this rule. Additional fee waivers or refunds shall be granted in accordance with other provisions of the Revised Code, Administrative Code, and board resolution.
(F) All licenses issued pursuant to this rule shall comply with the licensure renewal requirements set forth in Chapter 4729:1-2 of the Administrative Code.
(G) Pursuant to section 5903.04 of the Revised Code:
(1) A pharmacist shall submit proper documentation necessary to determine if the applicant is a service member or veteran, or the spouse or surviving spouse of a service member or veteran. Documentation requirements shall be published on the state board of pharmacy's website: www.pharmacy.ohio.gov.
(2) The board's executive director or the director's designee shall design a process to record, track, and monitor applications that have been received from a service member, veteran, or the spouse or surviving spouse of a service member or veteran.
(3) The board's executive director or the director's designee shall design a process to prioritize and expedite certification or licensing for each applicant who is a service member, veteran, or the spouse or a surviving spouse of a service member or veteran.
Last updated May 15, 2026 at 7:31 AM
History
- Effective: May 15, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-03 Examination application for licensure as a pharmacist.
(A) Each person seeking to apply to take the examinations for licensure as a pharmacist shall submit the required application materials and fees to the national association of boards of pharmacy (NABP) and the following to the state board of pharmacy:
(1) A completed application form as provided by the board;
(2) Required fee, including any transaction fee as required by section 125.18 of the Revised Code; and
(3) Either of the following:
(a) A certificate of education completed and certified by an approved school of pharmacy documenting the successful graduation of the applicant with a doctor of pharmacy degree obtained after December 31, 2006; or
(b) The required hours of supervised practical experience pursuant to rule 4729:2-2-05 of the Administrative Code, and either:
(i) A certificate of education completed and certified by an approved school of pharmacy documenting the successful graduation of the applicant; or
(ii) Certification provided by the national association of boards of pharmacy documenting the applicant has established educational equivalency by obtaining a "Foreign Pharmacy Graduate Examination Commission" (FPGEC) certificate and evidence of successful completion of the "Test of English as a Foreign Language, Internet-based test (TOEFL iBT)" pursuant to rule 4729:1-2-04 of the Administrative Code.
(4) Any other information or documentation as determined by the board.
(B) The state board of pharmacy may make an applicant eligible to take the required examinations as soon as the board receives all the items set forth in paragraph (A) of this rule and the results of a criminal records check pursuant to section 4729.071 of the Revised Code.
(C) The state board of pharmacy may deny admission to the licensure examination.
Last updated March 4, 2024 at 8:39 AM
History
- Effective: March 4, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-05 Criminal records check for pharmacists.
(A) Pursuant to section 4729.071 of the Revised Code, an applicant seeking an initial license as a pharmacist by examination or reciprocity must first submit fingerprint impressions to the Ohio bureau of criminal identification and investigation (BCI&I) for a criminal records check.
(B) Pursuant to section 4776.02 of the Revised Code, the criminal records check performed by BCI&I shall consist of both a BCI&I criminal records check and a federal bureau of investigation (FBI) criminal records check. BCI&I shall send the results of the BCI&I and FBI criminal records checks directly to the state board of pharmacy.
(C) The state board of pharmacy requires that the criminal records check:
(1) Be based on electronic fingerprint impressions that are submitted directly to BCI&I from a WebCheck provider agency or ink impressions. The state board of pharmacy may accept the results of a criminal records check based on ink impressions only in the following circumstances:
(a) Readable electronic fingerprint impressions cannot be obtained or are rejected by either BCI&I or FBI;
(b) The applicant is from out-of-state;
(c) The applicant's home address is seventy-five miles or more from the nearest WebCheck location.
(2) Results will only be considered valid if the fingerprint impressions were obtained within one year of the date the application is received by the board.
Last updated January 3, 2024 at 12:17 PM
History
- Effective: March 1, 2018
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-06 Pharmacist change of name, address or employment.
(A) A pharmacist, who has a legal change of name, shall notify the board of pharmacy, in a manner determined by the board, within thirty days from the effective date of such change. Such notification of a name change shall be accompanied by one of the following:
(1) A notarized affidavit;
(2) A certified copy of a court record;
(3) A certified copy of a marriage certificate;
(4) A government-issued identification card which reflects the pharmacist's name change; or
(5) Any other documentation as approved by the board.
(B) Requests for a duplicate wall certificate shall be issued in the new name of the pharmacist and shall be accompanied by the required fee. The pharmacist shall promptly destroy the wall certificate that no longer reflects their legal name.
(C) Upon receipt of the required documents and fee pursuant to paragraphs (A) and (B) of this rule, the board will forward the duplicate wall certificate issued in the pharmacist's new name.
(D) A pharmacist who changes their mailing or email address shall notify the board of pharmacy, in a manner determined by the board, of the new address within thirty days after the effective date of such change.
(E) A pharmacist who changes their place of employment shall notify the board of pharmacy, in a manner determined by the board, of the address of the principal place where they practice, including pharmacist placement services, within thirty days after they have commenced such practice.
(F) The board shall only issue a duplicate wall certificate to a pharmacist who has lost, misplaced, or damaged their original wall certificate. A pharmacist seeking a duplicate wall certificate in accordance with this paragraph shall submit a request for a duplicate wall certificate in manner determined by the board and shall pay the required fee of twenty-two dollars and fifty cents.
Last updated March 4, 2024 at 8:40 AM
History
- Effective: March 4, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-07 Pharmacist licensure and renewal.
(A) Except as provided in paragraph (B) of this rule, a pharmacist license issued by the state board of pharmacy in accordance with Chapter 4729. of the Revised Code entitles the individual to whom it is issued to practice as a pharmacist until the next renewal date.
(B) An initial pharmacist license issued by the state board of pharmacy on or after the first of May of every odd-numbered year in accordance with Chapter 4729. of the Revised Code entitles the individual to whom it is issued to practice as a pharmacist until the renewal date immediately following the next required renewal date.
(C) A pharmacist license shall be renewed on the fifteenth day of September of every odd-numbered year.
(D) An individual who fails to renew their license by the fifteenth day of September of every odd-numbered year shall not engage in the practice of pharmacy until a valid license is issued by the board.
(E) In accordance with section 4729.15 of the Revised Code, the renewal fee shall be two hundred fifty dollars and any transaction fee as required by section 125.18 of the Revised Code.
(F) In accordance with section 4729.15 of the Revised Code, a pharmacist renewing a license that expired less than three years shall pay the renewal fee plus a penalty of thirty-seven dollars and fifty cents.
(G) In accordance with section 4729.13 of the Revised Code, a pharmacist who fails to renew a license within three years may reinstate the license by:
(1) Successfully completing the required examinations pursuant to rule 4729:1-2-01 of the Administrative Code; or
(2) Meeting the criteria for licensure by reciprocity pursuant to rule 4729:1-2-02 of the Administrative Code.
(H) A pharmacist applying for reinstatement pursuant to paragraph (G) shall submit the following to the state board of pharmacy:
(1) A completed application form as provided by the board;
(2) Required fee, including any transaction fee as required by section 125.18 of the Revised Code;
(3) Criminal records check as required by rule 4729:1-2-05 of the Administrative Code; and
(4) The applicable registration or license transfer applications as determined by the national association of boards of pharmacy (NABP).
Last updated March 4, 2024 at 8:40 AM
History
- Effective: March 4, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-08 Veteran and military family provisions related to pharmacist licensure.
(A) Renewal of an expired license.
(1) In accordance with section 5903.10 of the Revised Code, a holder of an expired license shall be granted a renewal of the license by the state board of pharmacy at the usual cost without penalty and without re-examination if not otherwise disqualified because of mental or physical disability and if either of the following applies:
(a) The license was not renewed because of the holder's service in the armed forces.
(b) The license was not renewed because the holder's spouse served in the armed forces of the United States or a reserve component of the armed forces and the service resulted in the holder's absence from this state.
(2) A pharmacist shall submit proper documentation certifying the active duty service and length of active duty service. Documentation required to obtain a renewal pursuant to paragraph (A)(1) of this rule will be published on the state board of pharmacy's website: www.pharmacy.ohio.gov.
(B) The state board of pharmacy may implement fee waivers for licensure. If implemented, fee waivers will be published on the state board of pharmacy's web site: www.pharmacy.ohio.gov.
(C) Substantially equivalent education.
In accordance with section 5903.03 of the Revised Code, there are no military programs of training or military primary specialties which are substantially equivalent to the education requirements for licensure as a pharmacist.
Last updated January 3, 2024 at 12:17 PM
History
- Effective: March 1, 2018
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-2-10 Emeritus pharmacists.
(A) As used in this rule:
(1) "Emeritus pharmacist" means an individual who meets all the following:
(a) Is currently or has been licensed to practice pharmacy in this state for at least ten years;
(b) Is retired from the practice of pharmacy;
(c) Is in good standing;
(d) Is at least sixty years old or has held a license to practice pharmacy in Ohio for at least thirty years; and
(e) Has applied for an emeritus designation in accordance with this rule.
(2) "In good standing" means a pharmacist to which all the following apply at the time of application:
(a) Does not have a board order restricting the privilege of supervising interns;
(b) Has not been denied a license, registration or certificate by any public agency or licensing agency;
(c) Does not have a license, registration or certificate limited, suspended, or revoked by any public agency or licensing agency.
(B) Any person that meets the requirements in paragraph (A)(1) of this rule may apply to the board for emeritus designation.
(C) To apply for emeritus designation, a pharmacist shall submit a form containing information as required by the board and in a manner determined by the board.
(D) There shall be no fee associated with applying for or maintaining an emeritus designation.
(E) The emeritus designation is not a license to engage in the practice of pharmacy.
(1) Emeritus pharmacists shall not engage in the practice of pharmacy.
(2) Upon issuance of an emeritus designation, a license authorizing the person to practice pharmacy shall be considered void and may only be renewed or reinstated in accordance with the provisions of Chapter 4729. of the Revised Code and this chapter of the Administrative Code.
(F) The continuing education requirements of Chapter 4729:1-5 of the Administrative Code are not applicable to an emeritus pharmacist.
(G) An emeritus pharmacist shall not be subject to the licensure renewal requirements or renewal fees pursuant to this chapter.
(H) The board may refuse to issue or may revoke an emeritus designation for acts or conduct that are in violation of any provision of Chapters 4729., 3719., 3796., 3715., and 2925. of the Revised Code or Chapter 4729:1-4 of the Administrative Code. The decision to refuse to issue or revoke an emeritus designation is not subject to hearing rights or appeal under Chapter 119. of the Revised Code.
Last updated May 15, 2026 at 7:31 AM
History
- Effective: May 15, 2026
- Promulgated Under: 119.03
Chapter 4729:1-3 Practice
Ohio Adm.Code 4729:1-3-01 Pharmacist administration of diagnostic tests.
(A) A pharmacist may administer clinical laboratory improvement amendments (CLIA) waived diagnostic laboratory testing provided the following conditions are met:
(1) The pharmacy or facility licensed as a terminal distributor of dangerous drugs is certified by the United States department of health and human services (HHS), as a clinical laboratory through the CLIA;
(2) The pharmacy or facility licensed as a terminal distributor of dangerous drugs has obtained a CLIA certificate of waiver from HHS; and
(3) The responsible person of the terminal distributor of dangerous drugs and the terminal distributor of dangerous drugs ensures and documents that all pharmacists conducting CLIA waived tests pursuant to this rule receive appropriate training to conduct testing in a safe and effective manner.
(B) A pharmacist may evaluate the results of a test administered under this rule when advising a patient or a health care professional treating a patient if the test relates to the patient's drug therapy.
(C) This rule applies only to the administration and evaluation of laboratory testing by individuals licensed or registered in accordance with Chapter 4729. of the Revised Code.
Last updated October 22, 2025 at 11:13 AM
History
- Effective: January 1, 2020
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-02 Immunization administration.
(A) A course in the administration of immunizations developed pursuant to division (B) of section 4729.41 of the Revised Code shall meet the following requirements:
(1) The instructor shall be a licensed health care professional and have the appropriate education and experience to teach a course in the administration of immunizations.
(2) The content must meet the standards established for such courses by the centers for disease control and prevention in the public health service of the United States department of health and human services.
(3) The course shall be conducted by an accreditation council for pharmacy education (ACPE) accredited provider.
(4) The course must be a minimum of five hours in length and include the following:
(a) A review of immunology that includes a discussion of the body's immune system reaction to immunizations.
(b) A review of each immunization recommended by the advisory committee on immunization practices of centers for disease control and prevention in the United States department of health and human services (6/28/2024) that includes the following:
(i) Disease states associated with the immunization;
(ii) Type or nature of activity of the immunization;
(iii) Administration schedules;
(iv) Routes of administration;
(v) Injection sites;
(vi) Dosages;
(vii) Monitoring and treatment of the patient for adverse reactions, including the use of diphenhydramine and epinephrine;
(viii) Patient populations;
(ix) Precautions and contraindications; and
(x) Proper storage requirements for the immunization.
(c) A review of sterile technique in injectable dosage preparation and administration.
(d) A minimum of one hour of instruction and physical participation in administration techniques.
(e) A review of the proper disposal procedures for contaminated needles and immunizations.
(f) A review of the proper procedures for accidental needle sticks.
(5) The course must provide a method to evaluate the successful comprehension of the content.
(6) The course must provide a method to demonstrate the participant has successfully completed the course.
(B) Courses on immunization administration may be reviewed by the state board of pharmacy. A training course that fails to comply with the requirements set forth in this rule shall be considered in violation of this rule.
(C) Failure to adhere to the standard of care for administration of an immunization shall be considered a violation of this rule and may subject a pharmacist to discipline in accordance with rule 4729:1-4-01 of the Administrative Code.
(D) Pursuant to section 4729.41 of the Revised Code, a prescriber-established protocol for the administration of immunizations shall include the following:
(1) For each immunization authorized:
(a) Name and strength;
(b) Precautions and contraindications;
(c) Intended audience or patient population;
(d) Dosage;
(e) Administration schedules;
(f) Routes of administration; and
(g) Injection sites.
(2) The length of time the pharmacist, pharmacy intern, certified pharmacy technician, or registered pharmacy technician under the direct supervision of a pharmacist must observe an individual for adverse effects, which shall be based on appropriate standards of care established by the authorizing prescriber. The location of the observation shall be in the general vicinity of the administering pharmacist, pharmacy intern, certified pharmacy technician, or registered pharmacy technician to allow for on-going evaluation.
(3) A method to address emergency situations including, but not limited to, adverse reactions, anaphylactic reactions, and accidental needle sticks.
(4) A method to notify an individual's primary care provider or the applicable board of health within thirty days after administering an immunization, except for influenza immunizations administered to individuals eighteen years of age and older.
(5) The locations that a pharmacist, pharmacy intern, certified pharmacy technician, or registered pharmacy technician under the direct supervision of a pharmacist may engage in the administration of immunizations.
(E) All prescriber-established protocols must be signed and dated by the prescriber prior to implementation and maintained by the terminal distributor of dangerous drugs. The protocols shall be renewed by a prescriber on a biennial basis.
(1) A prescriber may sign one protocol for multiple locations licensed as terminal distributors of dangerous drugs.
(2) Each location licensed as a terminal distributor of dangerous drugs shall maintain a copy of the protocol on-site for inspection by an agent, inspector, or employee of the state board of pharmacy.
(F) Upon the request of the state board of pharmacy, a pharmacist or terminal distributor of dangerous drugs shall immediately provide the protocols for immunizations. The state board of pharmacy, after review, may approve the protocol or return it to the pharmacist or terminal distributor for revision without approval. If a protocol has been returned for revision without approval, it may not be implemented until the board has granted approval.
(G) A pharmacist, in accordance with section 4729.41 of the Revised code and this rule, may administer to an individual who is five years of age or older an immunization for any disease, including an immunization for influenza or COVID-19.
(H) A pharmacist shall obtain informed consent pursuant to rule 4729:5-5-04 of the Administrative Code to administer an immunization.
(I) Immunization records shall be maintained in accordance with rule 4729:5-5-04 of the Administrative Code.
(J) A pharmacist shall comply with the vaccine information statement requirements of the National Vaccine Childhood Injury Act, 42 USC Section 300aa-26 (12/14/1993).
(K) For each immunization administered to an individual by a pharmacist, other than an immunization for influenza administered to an individual eighteen years of age or older, the pharmacist shall notify the individual's primary care provider or, if the individual has no primary care provider, the board of health of the health district in which the individual resides or the authority having the duties of a board of health for that district under section 3709.05 of the Revised Code. The notice shall be given not later than thirty days after the immunization is administered. Notification shall be conducted using one of the following methods that is capable of confirming delivery of the required notification:
(1) Electronic mail;
(2) Interoperable electronic medical records system;
(3) Facsimile;
(4) Electronic prescribing system;
(5) Electronic pharmacy record system;
(6) Documented verbal communication;
(7) Reporting to the state's immunization registry; or
(8) Any other method of notification that might reasonably be expected to allow for the confirmed transmission of the required notification.
(L) For each immunization administered by a pharmacist to an individual who is younger than eighteen years of age, the pharmacist shall inform the individual's parent or legal guardian of the importance of well child visits with a pediatrician or other primary care provider and shall refer patients when appropriate.
(M) A pharmacist administering immunizations in accordance with this rule shall receive and maintain certification to perform basic life-support procedures by successfully completing a basic life-support training course certified by the American red cross, American heart association, American safety and health institute, or other training course approved by the board. Certification shall be obtained and maintained through courses that are conducted in-person or, at a minimum, offer an in-person or electronic hands-on training component.
(N) A pharmacist who completed a course in the administration of immunizations that complied with the training requirements in effect immediately prior to the adoption of this rule shall be deemed in compliance with division (B)(1) of section 4729.41 of the Revised Code.
(O) A pharmacist shall maintain the following records on file at the location(s) where the pharmacist administers immunizations in accordance with this rule:
(1) Proof of successful completion of a training course specified in paragraph (A) of this rule; and
(2) Proof of maintenance of certification to perform basic life-support procedures in accordance with paragraph (M) of this rule.
(P) As part of engaging in the administration of immunizations or supervising an individual authorized to administer immunizations, a pharmacist may administer epinephrine or diphenhydramine, or both, to individuals in emergency situations resulting from adverse reactions to the immunizations administered by the pharmacist or other authorized individuals under the supervision of the pharmacist.
(Q) As used in this rule, "prescriber" means either:
(1) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery; or
(2) A certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner licensed under Chapter 4723. of the Revised Code.
Last updated May 19, 2025 at 7:58 AM
History
- Effective: May 19, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-4-01
(A) As used in this rule:
(1) "Dishonesty" means any action by a licensee, registrant or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the practice of pharmacy or in the operation or conduct of a pharmacy.
(2) "Unprofessional conduct" has the same meaning as defined in division (C) of section 4729.16 of the Revised Code and shall also include conduct that is detrimental to the best interests of the public, including conduct that endangers the health, safety or welfare of a patient or client. Such conduct shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.
(3) "Reckless behavior" means a person who acts recklessly or who is reckless. A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
(B)
(1) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may impose any one or more of the following sanctions on a pharmacist or applicant for a pharmacist license if the board finds the individual engaged in any of the conduct set forth in paragraph (B)(2) of this rule:
(a) Revoke, suspend, restrict, limit, or refuse to grant or renew a license;
(b) Reprimand or place the license holder on probation;
(c) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred dollars.
(2) The board may impose the sanctions listed in paragraph (B)(1) of this rule if the board finds a pharmacist or applicant for a pharmacist license:
(a) Has a criminal conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense.
(b) Engaged in dishonesty or unprofessional conduct in the practice of pharmacy.
(c) Is addicted to or abusing alcohol or drugs or is impaired physically or mentally to such a degree as to render the pharmacist unfit to practice pharmacy.
(d) Except as provided for in paragraph (B)(2)(r) of this rule, violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of Chapter 4729. of the Revised Code, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925., 3796., 3719. or 4752. of the Revised Code, or any rule adopted by the board under those provisions.
(e) Permitted someone other than a pharmacist or pharmacy intern to practice pharmacy.
(f) Knowingly lent the pharmacist's name to an illegal practitioner of pharmacy or had a professional connection with an illegal practitioner of pharmacy.
(g) Divided or agreed to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home.
(h) Violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code.
(i) Committed fraud, misrepresentation, or deception in applying for or securing a license issued by the board under this chapter or under Chapter 3796., 3715., 3719. or 4752. of the Revised Code.
(j) Failed to comply with an order of the board or a settlement agreement.
(k) Violated any state or federal law, regulation or rule regardless of the jurisdiction in which the acts were committed, except for minor traffic violations such as parking violations, speeding tickets and violations such as failure to obey a red light, failure to use a turn signal or expired vehicle registration.
(l) Has been disciplined by the state board of pharmacy pursuant to section 4729.16 of the Revised Code.
(m) Has been the subject of any of the following by the drug enforcement administration or licensing agency of any state or jurisdiction:
(i) A disciplinary action that resulted in the suspension, probation, surrender or revocation of the person's license or registration.
(ii) A disciplinary action that was based, in whole or in part, on the person's inappropriate prescribing, dispensing, diverting, administering, storing, securing, personally furnishing, compounding, supplying or selling a controlled substance or other dangerous drug.
(n) Failed to conform to prevailing standards of care of similar pharmacists under the same or similar circumstances, whether or not actual injury to a patient is established.
(o) Has been subject to any of the following:
(i) A finding by a court of the person's eligibility for intervention in lieu of conviction; or
(ii) A finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction.
(p) Has been granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.
(q) Cannot practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills.
(r) Is responsible for any of the following but only as a result of reckless behavior:
(i) An error in dispensing as defined in rule 4729:5-3-22 of the Administrative Code;
(ii) A product quality issue for any compounded drug preparation as defined in rule 4729:7-2-03 of the Administrative Code.
Last updated March 4, 2025 at 7:59 AM
History
- Effective: March 1, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-03 Administration of dangerous drugs by injection.
(A) A pharmacist licensed under Chapter 4729. of the Revised Code may administer by subcutaneous or intramuscular injection any of the following drugs as long as the drug that is to be administered has been prescribed by a physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner and the individual to whom the drug was prescribed has an ongoing physician-patient or nurse-patient relationship with the physician or nurse:
(1) An addiction treatment drug administered in a long-acting or extended-release form, which may include any medication indicated for relapse prevention;
(2) An antipsychotic drug administered in a long-acting or extended-release form;
(3) A human immunodeficiency virus treatment or prevention drug administered in a long-acting or extended-release form;
(4) Hydroxyprogesterone caproate for pregnant women;
(5) Medroxyprogesterone acetate for non-pregnant women;
(6) Cobalamin, to include: cyanocobalamin, hydroxocobalamin or any other vitamin B12 injection approved by the United States food and drug administration;
(7) Antibiotics;
(8) Denosumab or romosozumab;
(9) Methotrexate for non-emergent conditions;
(10) Heparin, low molecular weight heparin, and factor Xa inhibitors; and
(11) Any other dangerous drugs authorized for pharmacist administration pursuant to section 4729.45 of the Revised Code.
(B) To be authorized to administer drugs pursuant to this rule, a pharmacist shall comply with all the following:
(1) Successfully complete a course in the administration of drugs that satisfies the requirements pursuant to paragraph (L) of this rule.
(2) Receive and maintain certification to perform basic life-support procedures by successfully completing a basic life-support training course certified by the American red cross, American heart association, American safety and health institute, or other training course approved by the board. Certification shall be obtained and maintained through courses that are conducted in-person or, at a minimum, offer an in-person training component.
(3) Practice in accordance with a protocol that meets the requirements of paragraphs (F) and (G) of this rule.
(C) Each time a pharmacist administers a drug pursuant to this rule, the pharmacist shall comply with all the following:
(1) For each drug administered by a pharmacist to an individual who is eighteen years of age or older, the pharmacist shall obtain written permission from the individual.
(2) For each drug administered by a pharmacist to an individual who is under eighteen years of age, the pharmacist shall obtain written permission from the individual's parent or other person having care or charge of the individual.
(3) For each drug administered by a pharmacist to an individual who lacks the capacity to make informed health care decisions, the pharmacist shall obtain written permission from the person authorized to make such decisions on the individual's behalf.
(4) Permission obtained in accordance with this paragraph shall also include notification of the patient's right to request a private area or chaperone in accordance with paragraph (J) of this rule.
(5) In the case of an addiction treatment drug described in paragraph (A)(1) of this rule, obtain, in accordance with paragraph (D) of this rule, test results indicating that it is appropriate to administer the drug to the individual if either of the following is to be administered:
(a) The initial dose of the drug;
(b) Any subsequent dose, if the administration occurs more than thirty days after the previous dose of the drug was administered.
(6) Observe the individual to whom the drug is administered to determine whether the individual has an adverse reaction to the drug.
(7) Notify the physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner who prescribed the drug within seven days that the drug has been administered to the individual. Notification shall be conducted using one of the following methods that is capable of confirming delivery of the required notification:
(a) Electronic mail;
(b) Interoperable electronic medical records system;
(c) Facsimile;
(d) Electronic prescribing system;
(e) Electronic pharmacy record system;
(f) Documented verbal communication; or
(g) Any other method of notification that might reasonably be expected to allow for the confirmed transmission of the required notification.
(D) A pharmacist may obtain the test results described in paragraph (C)(5) of this rule:
(1) From the prescribing physician, certified nurse-midwife, clinical nurse specialist, certified nurse practitioner;
(2) From an agent of the prescribing physician, certified nurse-midwife, clinical nurse specialist, certified nurse practitioner; or
(3) By ordering blood and urine tests for the individual to whom the addiction treatment drug is to be administered.
(E) If a pharmacist orders blood and urine tests pursuant to paragraph (D) of this rule, the pharmacist shall evaluate the results of the tests to determine whether they indicate that it is appropriate to administer the addiction treatment drug. A pharmacist's authority to evaluate test results pursuant to this rule does not authorize the pharmacist to make a diagnosis.
(F) A protocol for the administration of dangerous drugs in accordance with section 4729.45 of the Revised Code shall include the following:
(1) For the dangerous drugs listed in paragraph (A) of this rule:
(a) Name and strength;
(b) Precautions and contraindications;
(c) Intended audience or patient population;
(d) Dosage;
(e) Administration schedules;
(f) Routes of administration;
(g) Injection sites;
(h) The type of tests that may be ordered in accordance with paragraph (E) of this rule;
(i) Any special handling instructions or precautions, if applicable.
(2) The length of time the pharmacist must observe an individual for adverse effects, which shall be based on standards of care established by the authorizing physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner. The location of the observation shall be in the general vicinity of the administering pharmacist to allow for on-going evaluation.
(3) A method to address emergency situations including, but not limited to, adverse reactions, anaphylactic reactions, and accidental needle sticks.
(4) The locations that a pharmacist shall engage in the administration of dangerous drugs in accordance with paragraph (J) of this rule.
(5) Specify procedures to be followed by a pharmacist when administering epinephrine, diphenhydramine, or both, to an individual who has an adverse reaction to a drug administered by the pharmacist.
(G) All protocols pursuant to this rule and section 4729.45 of the Revised Code shall comply with the following:
(1) The protocol shall be signed and dated by the authorizing physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner prior to implementation and shall be readily available to the administering pharmacist. The protocol shall be renewed by the physician on a biennial basis.
(2) A physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner may sign one protocol for multiple locations licensed as terminal distributors of dangerous drugs.
(3) Each location licensed as a terminal distributor of dangerous drugs shall maintain a copy of the protocol on-site for immediate inspection by an agent, inspector, or employee of the state board of pharmacy.
(4) The protocol must be established by a physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner who has a scope of practice that includes treatment of the condition for which the individual has been prescribed the drug to be administered.
(H) Upon the request of the state board of pharmacy, a pharmacist or terminal distributor of dangerous drugs shall immediately provide the protocols for administration of drugs in accordance with this rule. The state board of pharmacy, after review, may approve the protocol or return it to the pharmacist or terminal distributor for revision without approval. If a protocol has been returned for revision without approval, it may not be implemented until the board has granted approval.
(I) A pharmacist may administer epinephrine or diphenhydramine, or both, to an individual in an emergency situation resulting from an adverse reaction to a drug administered by the pharmacist.
(J) Dangerous drugs administered in accordance with this rule shall be administered in a location that ensures the privacy and dignity of the patient and is consistent with state and federal privacy laws and regulations. When necessary to protect patient privacy, or if requested by the patient, this shall include a private area located outside of the pharmacy.
For all dangerous drugs requiring administration in the gluteal muscle or any other administration requiring the removal of clothing, the administering pharmacist shall:
(1) Offer a chaperone to patients and/or provide a chaperone upon the patient's request;
(2) Employ disrobing, draping, and positioning practices that protect a patient's privacy and dignity; and
(3) Administer in a private area and minimize patient exposure by only exposing the specific injection site.
(K) Administration records shall be maintained in accordance with rule 4729:5-5-04 of the Administrative Code.
(L) A course in the administration of dangerous drugs developed pursuant to section 4729.45 of the Revised Code shall meet the following requirements:
(1) The course shall be conducted by an accreditation council for pharmacy education (ACPE) accredited provider.
(2) The course must include the following components:
(a) A minimum of five hours (0.5 C.E.U.s) of live or home study coursework forthe dangerous drugs listed in paragraph (A) of this rule that is covered by the course and shall include:
(i) A review of the conditions treated or prevented;
(ii) Mechanisms of action;
(iii) Routes of administration;
(iv) Injection sites and ensuring patient privacy;
(v) Dosages and administration schedules;
(vi) Monitoring and treatment of the patient for adverse reactions, including the use of diphenhydramine and epinephrine;
(vii) Patient populations;
(viii) Precautions and contraindications; and
(ix) Proper storage requirements.
(b) A minimum of thirty minutes (0.05 C.E.U.s) of live or home study coursework that includes:
(i) A review of sterile technique in injectable dosage preparation and administration;
(ii) A review of the proper disposal procedures for contaminated needles and dangerous drugs; and
(iii) A review of the proper procedures for accidental needle sticks.
(c) A minimum of one hour (0.1 C.E.U.s) of live and supervised physical participation in subcutaneous and intramuscular administration techniques.
(3) The course must provide a method to evaluate the successful comprehension of the content.
(4) The course must provide a method to demonstrate the pharmacist has successfully completed the course.
(5) All live coursework shall be taught by an instructor that is a licensed health care professional who has the appropriate education and experience to teach a course in the administration of the dangerous drugs included in the categories listed in paragraph (A) of this rule.
(M) Courses may be reviewed by the state board of pharmacy. A training course that fails to comply with the requirements set forth in this rule shall be considered in violation of this rule.
(N) A pharmacist who has not successfully completed a course in drug administration that meets the requirements set forth in this rule must complete a course that meets the requirements specified in this rule prior to the administration of a dangerous drug listed in paragraph (A) of this rule.
(O) A pharmacist shall maintain the following records on file at the location(s) where the pharmacist administers dangerous drugs in accordance with this rule:
(1) Proof of successful completion of a training course specified in paragraph (L) of this rule; and
(2) Proof of maintenance of certification to perform basic life-support procedures in accordance with paragraph (B)(2) of this rule.
(P) A pharmacist shall not intravenously administer any drug listed in paragraph (A) of this rule.
(Q) Failure to adhere to the standard of care for the administration of a dangerous drug listed in paragraph (A) of this rule shall be considered a violation of this rule and may subject a pharmacist to discipline in accordance with rule 4729:1-4-01 of the Administrative Code.
(R) A pharmacist who completed a course in the administration of drugs that complied with the training requirements in effect immediately prior to the adoption of this rule shall be deemed to have met the training required by section 4729.45 of the Revised Code.
Last updated January 7, 2026 at 7:34 AM
History
- Effective: January 7, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-04 Dispensing of naloxone by pharmacists.
(A) A pharmacist may dispense naloxone without a prescription to either of the following in accordance with a protocol specified in paragraph (B) of this rule:
(1) An individual who there is reason to believe is experiencing or at risk of experiencing an opioid-related overdose;
(2) A family member, friend, or other person in a position to assist an individual who there is reason to believe is at risk of experiencing an opioid-related overdose.
(B) A physician-established protocol for the dispensing of naloxone by a pharmacist or pharmacy intern under the direct supervision of a pharmacist shall include, but is not limited to, the following:
(1) A description of the clinical pharmacology of naloxone.
(2) Indications for use of naloxone as rescue therapy, including criteria for identifying persons eligible to receive naloxone under the protocol.
(3) Precautions and contraindications concerning dispensing naloxone.
(4) Naloxone products authorized to be dispensed, including all of the following information:
(a) Name of product;
(b) Dose;
(c) Route of administration and required delivery device; and
(d) Directions for use.
(5) Any patient instructions in addition to the patient training specified in this rule and rule 4729:2-3-04 of the Administrative Code.
(C) A pharmacist who dispenses naloxone pursuant to this rule shall instruct the individual to whom naloxone is dispensed verbally or in writing to summon emergency services as soon as practicable either before or after administering naloxone.
(D) Except as provided in paragraph (E) this rule, a pharmacist or a pharmacist's designee that is appropriately trained shall provide in-person training, unless the in-person training requirement is waived by the board, and written educational materials to the individual to whom naloxone is dispensed that includes all the following:
(1) Risk factors of opioid overdose;
(2) Strategies to prevent opioid overdose;
(3) Signs of opioid overdose;
(4) Steps in responding to an overdose;
(5) Information on the naloxone dispensed;
(6) Procedures for administering the naloxone dispensed;
(7) Proper storage and expiration of the naloxone dispensed; and
(8) Information on where to obtain a referral for substance abuse treatment.
(E) Patient training as required by paragraph (D) of this rule is not required if the patient has previously received training and all the following apply:
(1) The patient is offered training and refuses;
(2) The pharmacist or pharmacist designee has documentation confirming training pursuant to this rule has been provided within the previous twelve months;
(3) A pharmacist who dispenses naloxone pursuant to this rule shall still instruct the individual to whom naloxone is dispensed verbally or in writing to summon emergency services as soon as practicable either before or after administering naloxone.
(F) If training conducted pursuant to paragraph (D) of this rule is offered by a pharmacist's designee, the pharmacist shall not be required to counsel a patient or caregiver pursuant to rule 4729:5-5-09 of the Administrative Code if the patient or caregiver refuses the offer of counseling or does not respond to the written offer to counsel.
(G) A terminal distributor of dangerous drugs shall ensure that all pharmacists that dispense naloxone pursuant to this rule are trained on the use of naloxone and can meet the training requirements listed in paragraphs (C) and (D) of this rule.
(H) A terminal distributor of dangerous drugs shall ensure that all pharmacist designees are trained on the use of naloxone and can meet the training requirements listed in paragraph (D) of this rule.
(I) A pharmacist may document on a prescription form the dispensing of naloxone by the pharmacist or a pharmacy intern supervised by the pharmacist. The form may be assigned a number for record-keeping purposes.
(J) All physician-established protocols must be signed and dated by the physician prior to implementation and maintained by the terminal distributor of dangerous drugs. The protocols shall be renewed by a physician on a biennial basis.
(1) A physician may sign one protocol for multiple locations licensed as terminal distributors of dangerous drugs.
(2) Each location licensed as a terminal distributor of dangerous drugs shall maintain a copy of the protocol on-site for inspection by an agent, inspector or employee of the state board of pharmacy.
(K) Any pharmacy that dispenses naloxone pursuant to section 4729.44 of the Revised Code shall notify the board, in a manner determined by the board, within thirty days of establishing a protocol. A pharmacy that no longer dispenses naloxone pursuant to section 4729.44 of the Revised Code shall notify the board, in a manner determined by the board, within thirty days of discontinuation.
(1) Except in the event of a drug shortage, a pharmacy submitting notification of naloxone dispensing shall ensure naloxone is made available in accordance with this rule.
(2) A pharmacy that has submitted notification of naloxone dispensing shall provide initial training to all new employees and annual training to existing employees on the availability of naloxone dispensing pursuant to a protocol. Employees requiring training in accordance with this paragraph shall include: pharmacists, pharmacy interns, certified pharmacy technicians, registered pharmacy technicians, pharmacy technician trainees, and support personnel, as defined in rule 4729:3-1-01 of the Administrative Code, that have direct contact with the public. Training documentation records shall be maintained for a period of three years and shall be made readily retrievable.
(L) Paragraph (K) of this rule does not apply to institutional pharmacies that provide naloxone to inpatients or patients upon discharge.
Last updated June 11, 2026 at 11:17 AM
History
- Effective: December 1, 2020
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-05 Therapeutic diabetic shoes.
(A) Pursuant to section 4779.02 of the Revised Code, a pharmacist may fit and measure individuals for therapeutic diabetic shoes and shoe inserts and may dispense those shoes and shoe inserts.
(B) A pharmacist shall not provide any other services that are authorized under Chapter 4779. of the Revised Code.
Last updated April 15, 2024 at 1:33 PM
History
- Effective: April 1, 2019
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-06 Dispensing of epinephrine autoinjectors by pharmacists.
(A) A pharmacist may dispense an epinephrine autoinjector without a prescription to either of the following in accordance with a protocol specified in paragraph (B) of this rule:
(1) An individual who there is reason to believe is experiencing or at risk of experiencing anaphylaxis if the pharmacy affiliated with the pharmacist has a record of previously dispensing epinephrine to the individual in accordance with a prescription issued by a licensed health professional authorized to prescribe drugs; or
(2) An individual acting on behalf of a qualified entity, as defined in section 3728.01 of the Revised Code.
(B) A physician-established protocol for the dispensing of epinephrine autoinjectors by a pharmacist or pharmacy intern under the direct supervision of a pharmacist shall include, but is not limited to, the following:
(1) Indications for use of epinephrine autoinjectors, including criteria for identifying persons eligible to receive an autoinjector under the protocol.
(2) Precautions and contraindications related to the dispensing of epinephrine autoinjectors.
(3) Epinephrine autoinjectors authorized to be dispensed, including all the following information:
(a) Name of product;
(b) Dose;
(c) Quantity to be dispensed; and
(d) Directions for use.
(4) Any patient instructions in addition to the training specified in this rule and rule 4729:2-3-06 of the Administrative Code.
(C)
(1) A pharmacist who dispenses an epinephrine autoinjector pursuant to this rule shall instruct the individual to whom the epinephrine autoinjector is dispensed, either verbally or in writing, to summon emergency services as soon as practicable either before or after administering epinephrine.
(2) A pharmacist who dispenses an epinephrine autoinjector to an individual identified in paragraph (A) of this rule shall provide notification of the dispensing to the individual's primary care provider, if known, or to the prescriber who issued the individual the initial prescription for an epinephrine autoinjector. Notification shall be conducted using one of the following methods that is capable of confirming delivery of the required notification:
(a) Electronic mail;
(b) Interoperable electronic medical records system;
(c) Facsimile;
(d) Electronic prescribing system;
(e) Electronic pharmacy record system;
(f) Documented verbal communication;
(g) Any other method of notification that might reasonably be expected to allow for the confirmed transmission of the required notification.
(D) When a pharmacist dispenses an epinephrine autoinjector pursuant to this rule, the pharmacist, or pharmacy intern under the direct supervision of a pharmacist, shall provide to the person receiving the device instruction on the proper method of administering epinephrine with the device.
(E) A terminal distributor of dangerous drugs shall ensure that all pharmacists that dispense epinephrine autoinjectors pursuant to this rule are trained on the use of epinephrine and can meet the training requirements listed in paragraphs (C) and (D) of this rule.
(F) A pharmacist may document the dispensing of an epinephrine autoinjector by the pharmacist or pharmacy intern under the direct supervision of the pharmacist on a prescription form. The form may be assigned a number for record-keeping purposes.
(G) This rule does not affect the authority of a pharmacist to:
(1) Dispense a new prescription or refill for epinephrine; or
(2) Contact a prescriber to obtain a new oral prescription for an epinephrine autoinjector in accordance with the applicable provisions of division 4729:5 of the Administrative Code.
(H) All physician-established protocols must be signed and dated by the physician prior to implementation and maintained by the terminal distributor of dangerous drugs. The protocols shall be renewed by a physician on a biennial basis.
(1) A physician may sign one protocol for multiple locations licensed as terminal distributors of dangerous drugs.
(2) Each location licensed as a terminal distributor of dangerous drugs shall maintain a copy of the protocol on-site for inspection by an agent, inspector or employee of the state board of pharmacy.
Last updated May 19, 2026 at 3:52 PM
History
- Effective: January 18, 2020
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-3-07 Dispensing nicotine replacement therapy by pharmacists.
(A) As used in this rule, "nicotine replacement therapy" means a drug, including a dangerous drug, that delivers small doses of nicotine to an individual for the purpose of aiding in tobacco cessation or smoking cessation including for the cessation of alternative nicotine delivery systems, such as e-cigarettes.
(B) A pharmacist may dispense nicotine replacement therapy to individuals who are eighteen years old or older and seeking to quit using tobacco-containing products in accordance with paragraph (C) of this rule.
(C) For a pharmacist to be authorized to dispense nicotine replacement therapy under this rule, the pharmacist shall do both of the following:
(1) Successfully complete a course on nicotine replacement therapy that is taught by a provider that is accredited by the accreditation council for pharmacy education, or another provider approved by the state board of pharmacy, and that meets requirements established in paragraph (H) of this rule; and
(2) Practice in accordance with a physician-authorized protocol that meets the requirements of paragraph (D) of this rule.
(D) All of the following apply with respect to the protocol required by this rule:
(1) The protocol shall be established by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(2) The protocol shall specify a definitive set of treatment guidelines and the locations at which a pharmacist may dispense nicotine replacement therapy under this rule.
(3) The protocol shall specify the types of nicotine replacement therapy that may be dispensed.
(4) The protocol shall include provisions for implementation of the following requirements:
(a) Use by the pharmacist of a screening procedure, recommended by the United States centers for disease control and prevention or another organization approved by the board, to determine if an individual is a good candidate to receive nicotine replacement therapy dispensed as authorized by this rule;
(b) A requirement that the pharmacist refer high-risk individuals, as defined in the protocol, or individuals with contraindications to a primary care provider or, as appropriate, to another type of provider;
(c) A requirement that the pharmacist develop and implement a follow-up care plan in accordance with paragraph (D)(5) of this rule, including a recommendation by the pharmacist that the individual seek additional assistance with behavior change, including assistance from the Ohio tobacco quit line made available by the department of health.
(5) A follow-up care plan shall include all the following:
(a) A recommendation that the individual notify their provider that they have initiated a quit attempt;
(b) A plan to deal with the psychological aspects of tobacco addiction, including information regarding how to seek services from the Ohio tobacco quit line;
(c) A plan for how to deal with possible side effects;
(d) Instructions regarding how, when, and how many times to refill the medication;
(e) Follow-up with patient should occur within a clinically appropriate length of time after the initiation of the nicotine replacement therapy as deemed appropriate by the pharmacist;
(f) How and when to stop using nicotine replacement therapy;
(g) Instructions to seek assistance from the pharmacist or provider before continuing to use the medication if a relapse occurs and tobacco use is reinitiated;
(h) If a patient returns to the pharmacy to report a relapse, the follow-up care plan should include efforts to identify smoking cues and triggers and decide upon alternative coping strategies before a follow-up attempt to quit tobacco;
(i) If dual therapy is indicated for the patient, instructions to seek assistance from a prescribing provider to add prescription-only smoking cessation medication to the pharmacist-initiated nicotine replacement therapy.
(6) All physician-established protocols must be signed and dated by the physician prior to implementation and maintained by the terminal distributor of dangerous drugs. The protocols shall be renewed by a physician on a biennial basis.
(a) A physician may sign one protocol for multiple locations licensed as terminal distributors of dangerous drugs.
(b) Each location licensed as a terminal distributor of dangerous drugs shall maintain a copy of the protocol on-site for inspection by an agent, inspector, or employee of the state board of pharmacy.
(E)
(1) Documentation related to screening, dispensing, and follow-up care plans shall be maintained in the records of the terminal distributor of dangerous drugs where the pharmacist practices for at least three years. Dispensing of nicotine replacement therapy may be documented on a prescription form, and the form may be assigned a number for recordkeeping purposes.
(2) Not later than seventy-two hours after a screening is conducted under this rule and the patient has been identified as a candidate for smoking cessation therapy, the pharmacist shall provide notice to the individual's primary care provider, if known, or to the individual if the primary care provider is unknown. The notice shall include results of the screening, and if applicable, the dispensing record and follow-up care plan. Notification shall be conducted using one of the following methods that is capable of confirming delivery of the required notification:
(a) Electronic mail;
(b) Interoperable electronic medical records system;
(c) Facsimile;
(d) Electronic prescribing system;
(e) Electronic pharmacy record system;
(f) Documented verbal communication; or
(g) Any other method of notification that might reasonably be expected to allow for the confirmed transmission of the required notification.
(3) A copy of the documentation identified in paragraph (E)(1) of this rule shall also be provided to the individual or the individual's primary care provider on request.
(F) This rule does not affect the authority of a pharmacist to do any of the following:
(1) Fill or refill prescriptions for nicotine replacement therapy;
(2) Sell nicotine replacement therapy that does not require a prescription.
(G) A provider who is not accredited by the accreditation council for pharmacy education may petition the board for approval of a course in accordance with division (C) of section 4729.284 of the Revised Code. The board shall develop and post a petition application on its website providing the criteria for approval.
(H) No pharmacist shall do either of the following:
(1) Dispense nicotine replacement therapy in accordance with a protocol unless the requirements of paragraph (C) of this rule have been met;
(2) Delegate to any person the pharmacist's authority to engage in or supervise the dispensing of nicotine replacement therapy.
(I) A terminal distributor of dangerous drugs shall ensure that all pharmacists that dispense nicotine replacement therapy pursuant to this rule have completed the requirements set forth in paragraph (C) of this rule.
(J) A terminal distributor of dangerous drugs dispensing nicotine replacement therapy in accordance with this rule shall also comply with the applicable record keeping provisions of Chapter 4729:5-5, 4729:5-8, or 4729:5-9 of the Administrative Code.
Last updated June 11, 2026 at 11:17 AM
History
- Effective: May 6, 2022
- Promulgated Under: 119.03
Chapter 4729:1-4 Discipline and Duty to Report
Ohio Adm.Code 4729:1-4-01 Disciplinary actions.
(A) As used in this rule:
(1) "Dishonesty" means any action by a licensee, registrant or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the practice of pharmacy or in the operation or conduct of a pharmacy.
(2) "Unprofessional conduct" has the same meaning as defined in division (C) of section 4729.16 of the Revised Code and shall also include conduct that is detrimental to the best interests of the public, including conduct that endangers the health, safety or welfare of a patient or client. Such conduct shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.
(3) "Reckless behavior" means a person who acts recklessly or who is reckless. A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
(B)
(1) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may impose any one or more of the following sanctions on a pharmacist or applicant for a pharmacist license if the board finds the individual engaged in any of the conduct set forth in paragraph (B)(2) of this rule:
(a) Revoke, suspend, restrict, limit, or refuse to grant or renew a license;
(b) Reprimand or place the license holder on probation;
(c) Impose a monetary penalty or forfeiture not to exceed in severity any fine designated under the Revised Code for a similar offense, or in the case of a violation of a section of the Revised Code that does not bear a penalty, a monetary penalty or forfeiture of not more than five hundred dollars.
(2) The board may impose the sanctions listed in paragraph (B)(1) of this rule if the board finds a pharmacist or applicant for a pharmacist license:
(a) Has a criminal conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense.
(b) Engaged in dishonesty or unprofessional conduct in the practice of pharmacy.
(c) Is addicted to or abusing alcohol or drugs or is impaired physically or mentally to such a degree as to render the pharmacist unfit to practice pharmacy.
(d) Except as provided for in paragraph (B)(2)(r) of this rule, violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of Chapter 4729. of the Revised Code, sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925., 3796., 3719. or 4752. of the Revised Code, or any rule adopted by the board under those provisions.
(e) Permitted someone other than a pharmacist or pharmacy intern to practice pharmacy.
(f) Knowingly lent the pharmacist's name to an illegal practitioner of pharmacy or had a professional connection with an illegal practitioner of pharmacy.
(g) Divided or agreed to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home.
(h) Violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code.
(i) Committed fraud, misrepresentation, or deception in applying for or securing a license issued by the board under this chapter or under Chapter 3796., 3715., 3719. or 4752. of the Revised Code.
(j) Failed to comply with an order of the board or a settlement agreement.
(k) Violated any state or federal law, regulation or rule regardless of the jurisdiction in which the acts were committed, except for minor traffic violations such as parking violations, speeding tickets and violations such as failure to obey a red light, failure to use a turn signal or expired vehicle registration.
(l) Has been disciplined by the state board of pharmacy pursuant to section 4729.16 of the Revised Code.
(m) Has been the subject of any of the following by the drug enforcement administration or licensing agency of any state or jurisdiction:
(i) A disciplinary action that resulted in the suspension, probation, surrender or revocation of the person's license or registration.
(ii) A disciplinary action that was based, in whole or in part, on the person's inappropriate prescribing, dispensing, diverting, administering, storing, securing, personally furnishing, compounding, supplying or selling a controlled substance or other dangerous drug.
(n) Failed to conform to prevailing standards of care of similar pharmacists under the same or similar circumstances, whether or not actual injury to a patient is established.
(o) Has been subject to any of the following:
(i) A finding by a court of the person's eligibility for intervention in lieu of conviction; or
(ii) A finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction.
(p) Has been granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.
(q) Cannot practice according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills.
(r) Is responsible for any of the following but only as a result of reckless behavior:
(i) An error in dispensing as defined in rule 4729:5-3-22 of the Administrative Code;
(ii) A product quality issue for any compounded drug preparation as defined in rule 4729:7-2-03 of the Administrative Code.
Last updated March 4, 2025 at 7:59 AM
History
- Effective: March 1, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-4-02 Duty to Report.
(A) As used in this rule, "error in dispensing" or "dispensing error" has the same meaning as rule 4729:5-3-22 of the Administrative Code.
(B) Pursuant to section 4729.10 of the Revised Code, a pharmacist who has knowledge, from direct observation or objective evidence, of violations described in paragraph (C) of this rule shall report such conduct to the state board of pharmacy.
(C) The following shall be reported to the board no later than ten days from discovery:
(1) Except as provided in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, conduct indicating an individual licensed or registered by the board is practicing pharmacy while physically or mentally impaired by alcohol, drugs or other chemical substances or impaired physically or mentally to such a degree as to render the individual unfit to carry out their professional duties.
(a) A pharmacist shall not be required to report in accordance with this rule if the pharmacist becomes aware of any condition described in paragraph (C)(1) of this rule as a result of either:
(i) The pharmacist's treatment of the individual for the condition; or
(ii) The pharmacist having access to the individual's protected health information.
(b) A pharmacist shall not be required to report in accordance with this rule if the individual voluntarily seeks treatment for a mental health condition or substance use disorder and there are no other violations of rule or law.
(2) Except as provided in paragraph (H) of this rule, violations, attempts to violate, or aiding and abetting in the violation of any of the provisions of Chapters 4729., 4752., 3715., 3719., 3796., 2925., and 2913. of the Revised Code, or any rule adopted by the board under those provisions, by an individual or entity licensed or registered by the board.
(3) Conduct by a pharmacy technician trainee, registered pharmacy technician, certified pharmacy technician, pharmacy intern or pharmacist that constitutes unprofessional conduct or dishonesty as defined in rule 4729:1-4-01 of the Administrative Code.
(D)
(1) Pursuant to section 4729.23 of the Revised Code, the identity of the pharmacist making a report in accordance with this rule shall remain confidential.
(2) Notwithstanding the confidentiality provided in accordance with paragraph (D)(1) of this rule, a pharmacist may be required to testify in a disciplinary proceeding as to the conduct or violations listed in paragraph (C) of this rule without disclosing the pharmacist was the reporting individual.
(E) Reporting required in accordance with this rule shall be made by mail, using the board's online complaint form (available on the board's web site: www.pharmacy.ohio.gov), or by telephone and shall include the following information:
(1) The name of the licensee, registrant or other individual who may have committed a violation listed in paragraph (C) of this rule;
(2) The violation which is believed to have occurred; and
(3) The date(s) of and place(s) of occurrence(s), if known.
(F) All reports submitted in accordance with this rule shall protect the confidentiality of patients. The board may request additional information, including patient information, as part of an investigation conducted in accordance with Chapter 4729. of the Revised Code.
(G) A licensed pharmacist shall notify the board of any of the following:
(1) Any criminal conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense within ten days after the date of conviction.
(2) The pharmacist is convicted of, plead guilty to, is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state under section 2951.041 of the Revised Code or the equivalent thereof in another jurisdiction within ten days after the individual is deemed eligible.
(3) The pharmacist is granted entry into a diversion program, deferred prosecution program, or the equivalent thereof within ten days after the individual is granted entry into a program.
(4) Any arrest for a felony within ten days after the arrest.
(H) A pharmacist shall notify the board of any disciplinary licensing or registration action taken by another state against the licensee within ten days of the notice action. This includes, but is not limited to, a disciplinary action that is stayed pending appeal.
(I) A dispensing error, as defined in rule 4729:5-3-22 of the Administrative Code, shall only be reported to the board by a pharmacy in accordance with rule 4729:5-4-02 of the Administrative Code.
(J) Pursuant to section 4729.10 of the Revised Code, in the absence of fraud or bad faith, a person who reports in accordance with this rule or testifies in any adjudication conducted under Chapter 119. of the Revised Code is not liable to any person for damages in a civil action as a result of the report or testimony.
Last updated March 4, 2025 at 7:59 AM
History
- Effective: March 1, 2025
- Promulgated Under: 119.03
Chapter 4729:1-5 Continuing Education
Ohio Adm.Code 4729:1-5-01 Pharmacist continuing education - definitions.
As used in Chapter 4729:1-5 of the Administrative Code:
(A) "A.C.P.E." means the accreditation council for pharmacy education.
(B) "Board approved pharmacy practice-specific specialty certification program" means a practice-specific specialty certification program that meets one of the following:
(1) The program is offered by the board of pharmacy specialties (BPS); or
(2) The program is offered by the specialty pharmacy certification board (SPCB); or
(3) A program approved by the board that consist of the following:
(a) Periodic recertification examinations;
(b) Documentation by the certification program that the pharmacist is currently certified by the program; and
(c) Other requirements as determined by the board.
(C) "Continuing education unit" or "C.E.U." means ten contact hours of participation in an organized continuing pharmacy education experience presented by a provider listed in paragraph (D) of this rule.
(D) "Continuing pharmacy education" or "continuing education", as required in section 4729.12 of the Revised Code, means post-licensure pharmacy education undertaken to maintain professional competency to practice pharmacy, improve professional skills, and preserve uniform qualifications for continuing the practice of the profession for the purpose of protecting public health and welfare. Continuing pharmacy education may be obtained from any of the following providers:
(1) A pharmacy jurisprudence program pursuant to paragraph (F) of this rule;
(2) An approved in-state provider of volunteer healthcare services in accordance with section 4745.04 of the Revised Code and rule 4729-6-03 of the Administrative Code;
(3) An A.C.P.E. accredited continuing education provider.
(E) "One-third of a licensee's continuing education requirement" as used in division (C) of section 4745.04 of the Revised Code and paragraph (H) of rule 4729:1-5-02 of the Administrative Code, means the total number of required C.E.U.s for licensure renewal divided by three and rounded down to the nearest whole number.
(F) "Pharmacy jurisprudence" continuing education shall include any of the following:
(1) An A.C.P.E. law program as identified by A.C.P.E. numbering convention "03";
(2) A board of pharmacy approved continuing education program provided by an in-state approved jurisprudence provider pursuant to rule 4729-6-02 of the Administrative Code that pertains to current or recent changes to laws, rules, and regulations relating to the practice of pharmacy; or
(3) A program presented by the state board of pharmacy that pertains to current or recent changes to laws, rules, and regulations relating to the practice of pharmacy.
(G) "Patient or medication safety" means an A.C.P.E. continuing education program identified by the A.C.P.E. numbering convention "05" that deals with the prevention of healthcare errors and the elimination or mitigation of patient injury caused by healthcare errors.
(H) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces, including the national guard and reserve.
Last updated March 4, 2024 at 8:40 AM
History
- Effective: March 4, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-5-02
(A)
(1) Except as provided in paragraph (A)(2) of this rule, three C.E.U.s (thirty contact hours) of approved continuing education shall be completed by a pharmacist licensed in accordance with Chapter 4729. of the Revised Code prior to the renewal of the pharmacist's license. At least 0.2 C.E.U.s of the total required C.E.U.s must be obtained in pharmacy jurisprudence and at least 0.2 C.E.U.s of the total required C.E.U.s must be obtained in patient or medication safety. The C.E.U.s must be obtained within a period that is no more than two years prior to September fifteenth of the year in which a pharmacist's license must be renewed.
(2) A pharmacist who obtains initial licensure by reciprocity or examination shall not have to complete the continuing education requirements for the initial licensure period prior to the renewal of that pharmacist's license.
(B)
(1) A pharmacist may satisfy the continuing pharmacy education requirements in accordance with paragraph (A) of this rule by providing evidence at the time of renewal that the pharmacist has met the requirements of and is currently certified by a board approved pharmacy practice-specific specialty certification program.
(2) Except as provided in paragraph (B)(3) of this rule, pharmacists who meet the requirements of paragraph (B)(1) of this rule shall be required to complete at least 0.2 C.E.U.s in pharmacy jurisprudence and 0.2 C.E.U.s in patient or medication safety. The C.E.U.s must be obtained within a period that is no more than two years prior to September fifteenth of the year in which a pharmacist's license must be renewed.
(3) A pharmacist who obtains initial licensure by reciprocity or examination shall not have to complete the continuing education requirements for the initial licensure period prior to the renewal of that pharmacist's license.
(C)
(1) Except as provided in paragraph (C)(2) of this rule, C.E.U.s must be obtained within a period that is no more than two years prior to September fifteenth of the year in which a pharmacist's license must be renewed.
(2) A pharmacist obtaining initial licensure by reciprocity or examination may apply C.E.U.s obtained during the pharmacist's initial period of licensure to meet the continuing education requirements set forth in this rule.
(D) Except as provided in paragraph (F) of this rule, a pharmacist whose license has lapsed or is being renewed after board action shall obtain three C.E.U.s of continuing education during the two-year period immediately preceding the date the renewal application is filed with the board.
(1) At least 0.2 C.E.Us must be in pharmacy jurisprudence and 0.2 C.E.U.s must be in patient or medication safety.
(2) Any additional continuing education requirements ordered pursuant to a board order or settlement agreement shall not be counted for the purposes of meeting this requirement.
(E) C.E.U.s obtained that exceed the required C.E.U.s at the time continuing education is required for licensure renewal may not be transferred and applied to future requirements.
(F) Ohio-licensed pharmacists who hold a current license in states where continuing education is mandatory, have met the continuing pharmacy education requirements of that state, and who have not practiced pharmacy in Ohio at any time during the two years prior to the renewal date in which a pharmacist's license must be renewed, may renew their license in accordance with the provisions of Chapter 4729. of the Revised Code without having to comply with the requirements of this rule.
(G) A pharmacist may satisfy up to one-third of the pharmacist's continuing education requirements by providing health care services as a volunteer in accordance with section 4745.04 of the Revised Code. The location where health care services are provided shall be an approved in-state provider of volunteer healthcare services in accordance with rule 4729-6-03 of the Administrative Code.
(H) Pharmacists shall keep all certificates and other documented evidence of participation that have been issued by non-A.C.P.E. accredited providers for approved C.E.U.s for which the pharmacist has claimed continuing education units towards licensure renewal for a period of one year following the year in which continuing education was required for renewal.
(I) The board may request a pharmacist submit documentation demonstrating compliance with the continuing education requirements of this rule. A pharmacist shall have thirty days to submit such documentation upon receipt of a request by the board.
(J) The board shall monitor compliance by conducting an audit of licensees.
(K) The board shall require the reporting of continuing education units to a national or state register.
Last updated March 4, 2024 at 8:40 AM
History
- Effective: March 4, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-5-03 Veteran and military family provisions related to continuing education.
(A) Extension of continuing education requirements.
(1) In accordance with section 5903.12 of the Revised Code, the state board of pharmacy shall grant extension periods and waivers for the completion of continuing education requirements for active duty veteran members and the spouses of active duty veterans. If a current pharmacist or their spouse is called to active duty for military service, the time period allowed for completion of any continuing education requirements will be extended by the amount of time that the pharmacist or the pharmacist's spouse was on active duty.
(2) Upon receiving the application and proper documentation, the board's executive director or the director's designee shall extend the continuing education reporting period by an amount of time equal to the total number of months that the licensee or their spouse spent on active duty during the current reporting period. For purposes of this division, any portion of a month served on active duty shall be considered one full month.
(3) The licensee shall submit proper documentation certifying the active duty service and the length of that active duty service. Documentation required to obtain an extension or waiver pursuant to paragraph (A)(1) of this rule will be published on the state board of pharmacy's website: www.pharmacy.ohio.gov.
(B) Determining fulfillment of continuing education.
(1) If a pharmacist is a veteran, the state board of pharmacy shall consider relevant military education, training or service that has been completed by the license holder no more than two years prior to September fifteenth of the year in which a pharmacist's license must be renewed when determining the fulfillment of any continuing education requirements.
(2) For the board to consider relevant education, training, or service completed by a pharmacist, the licensee shall submit a request for consideration and evidence or documentation of the education, training, or service to the executive director or the director's designee at least sixty days prior to the required continuing education reporting period pursuant to rule 4729:1-5-02 of the Administrative Code.
Last updated July 1, 2024 at 5:17 PM
History
- Effective: July 1, 2024
- Promulgated Under: 119.03
Chapter 4729:1-6 Pharmacist Consult Agreements
Ohio Adm.Code 4729:1-6-01 Definitions - consult agreements.
(A) "Certified nurse practitioner," "certified nurse-midwife," "clinical nurse specialist," and "standard care arrangement" have the same meanings as in section 4723.01 of the Revised Code.
(B) "Collaborating physician" means a physician who has entered into a standard care arrangement with a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner.
(C) "Communication between a pharmacist and practitioner acting under a consult agreement," as used in division (D)(6) of section 4729.39 of the Revised Code, means any of the following:
(1) Electronic mail that confirms delivery;
(2) Interoperable electronic medical records system;
(3) Facsimile that confirms delivery;
(4) Electronic prescribing system;
(5) Electronic pharmacy record system;
(6) Documented verbal communication; or
(7) Any other method of documented notification as outlined in the consult agreement between the pharmacist and practitioner.
(D) "Comorbid disease," as used in division (D)(3)(a) of section 4729.39 of the Revised Code, means an additional disease that co-occurs with a primary disease. A comorbid disease may be related to or occur independently of the primary disease.
(E)
(1) "Communicated" as used in division (D)(4) of section 4729.39 of the Revised Code, means consent shall be obtained from each individual patient participating in a consult agreement. With the exception of inpatient management of patient care at an institutional facility, consent shall be obtained prior to a pharmacist managing a patient's drug therapy and shall communicate all of the following:
(a) A pharmacist may be utilized in the management of the patient's care; and
(b) The patient's or an individual authorized to act on behalf of a patient's right to elect to participate in and withdraw from the consult agreement.
(2) Consent as required in paragraph (E)(1) of this rule may be obtained as a part of the patient's initial consent to treatment.
(F) "Consult agreement" means an agreement that has been entered into pursuant to section 4729.39 of the Revised Code.
(G) "Institutional facility" has the same meaning as defined in agency 4729 of the Administrative Code.
(H) "Managing pharmacist" means a pharmacist managing a patient's drug therapy pursuant to a consult agreement.
(I) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(J) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical board, and has been granted physician-delegated prescriptive authority.
(K)
(1) "Positive identification" means a method of identifying a person that does not rely on the use of a private personal identifier such as a password, but must use a secure means of identification that includes any of the following:
(a) A manual signature on a hard copy record;
(b) A magnetic card reader;
(c) A bar code reader;
(d) A biometric method;
(e) A proximity badge reader;
(f) A board approved system of randomly generated personal questions;
(g) A printout of every transaction that is verified and manually signed within a reasonable period of time by the individual who performed the action requiring positive identification. The printout must be maintained for three years and made readily retrievable; or
(h) Other effective methods for identifying individuals that have been approved by the board.
(2) A method relying on a magnetic card reader, a bar code reader, a proximity badge reader, or randomly generated questions for identification must also include a private personal identifier, such as a password, for entry into a secure mechanical or electronic system.
(L) "Practitioner" means any of the following:
(1) Physician;
(2) Physician assistant;
(3) Clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner.
(M) "Primary disease," as used in division (D)(3)(a) of section 4729.39 of the Revised Code, means a disease that arises spontaneously and is not associated with or caused by a previous disease, injury, or event, but that may lead to a comorbid disease.
(N) "OARRS report" means a report of information related to a specific person generated by the drug database established and maintained pursuant to section 4729.75 of the Revised Code.
(O) "Readily retrievable" means that records maintained in accordance with this chapter shall be kept in such a manner that, upon request, they can be produced for review no later than three business days to an agent, officer or inspector of the board.
(P) "Supervising physician" means a physician who has entered into a supervision agreement with a physician assistant under section 4730.19 of the Revised Code.
(Q) "Training and experience related to the particular diagnosis for which drug therapy is prescribed," as used in division (C)(3) of section 4729.39 of the Revised Code, means an Ohio licensed pharmacist whose license is in good standing and who meets the training and experience criteria specified in paragraph (A)(1)(k) of rule 4729:1-6-02 of the Administrative Code.
(R) "Written notice," as used in division (D)(2)(b) of section 4729.39 of the Revised Code, means one of the following methods that is capable of confirming delivery of the required written notice:
(1) Electronic mail;
(2) Interoperable electronic medical records system;
(3) Facsimile;
(4) Electronic prescribing system;
(5) Electronic pharmacy record system;
(6) Any other method in writing that provides notice in a timely manner; or
(7) Any other method of notification as outlined in the consult agreement that might reasonably be expected to allow for the confirmed transmission of the written notification required.
Last updated May 19, 2026 at 3:52 PM
History
- Effective: October 10, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-6-02
(A) Requirements of a consult agreement.
(1) A consult agreement shall include all of the following:
(a) Identification of the practitioner(s) and pharmacist(s) authorized to enter into the agreement. This may include:
(i) Individual names of practitioners and pharmacists;
(ii) Practitioner or pharmacist practice groups; or
(iii) Identification based on institutional credentialing or privileging.
(b) The specific diagnoses and diseases being managed under the agreement, including whether each disease is primary or comorbid.
(c) A description of the drugs or drug categories managed as part of the agreement.
(d) A description of the procedures, decision criteria, and plan the managing pharmacist is to follow in acting under a consult agreement. Such a description should provide a reasonable set of parameters of the activities a managing pharmacist is allowed to perform under a consult agreement.
(e) A description of the types of tests permitted pursuant to section 4729.39 of the Revised Code that may be ordered and evaluated by the managing pharmacist as long as the tests relate to the management of drug therapy. This may include specific tests or categories of testing that may be ordered and evaluated to manage the diagnoses and diseases under the agreement.
(f) A description of how the managing pharmacist shall maintain a record of each action taken for each patient whose drug therapy is managed under the agreement. All prescribing, administering, and dispensing of drugs shall be documented using positive identification.
(g) A description of how communication between a managing pharmacist and practitioner acting under a consult agreement shall take place at regular intervals specified by the practitioner who authorized the agreement. The agreement may include a requirement that a managing pharmacist send a consult report to each consulting practitioner.
(h) A provision that allows a practitioner to override a decision made by the managing pharmacist when appropriate.
(i) A quality assurance mechanism to ensure that managing pharmacists only act within the scope authorized by the consult agreement.
(j) A description of a continuous quality improvement (CQI) program used to evaluate the effectiveness of patient care and ensure positive patient outcomes. The CQI program shall be implemented pursuant to the agreement.
(k) The training and experience criteria for managing pharmacists. The criteria may include privileging or credentialing, board certification, continuing education or any other training requirements. The agreement shall include a process to verify that the managing pharmacists meet the specified criteria.
(l) An effective date and expiration date.
(2) Institutional or ambulatory outpatient facilities may implement a consult agreement and meet the requirements of paragraphs (A)(1)(b) to (A)(1)(e) of this rule through institutional credentialing standards or policies. Such standards or policies shall be referenced as part of the consult agreement and made readily retrievable.
(3) The agreement shall be signed by the primary practitioner, which may include a medical director or designee if the designee is licensed pursuant to Chapter 4731. of the Revised Code, and one of the following:
(a) The terminal distributor's responsible person, which may include the responsible person's designee if the designee meets the qualifications of the responsible person pursuant to rule 4729:5-2-01 of the Administrative Code; or
(b) A managing pharmacist licensed pursuant to Chapter 4729. of the Revised Code.
(4) All amendments to a consult agreement shall be signed and dated by the primary practitioner, which may include a medical director or designee if the designee is licensed pursuant to Chapter 4731. of the Revised Code, and one of the following:
(a) The terminal distributor's responsible person, which may include the responsible person's designee if the designee meets the qualifications of the responsible person pursuant to rule 4729:5-2-01 of the Administrative Code; or
(b) A managing pharmacist licensed pursuant to Chapter 4729. of the Revised Code.
(5) A consult agreement shall be valid for a period not to exceed two years.
(6) Only Ohio licensed practitioners and Ohio licensed pharmacists may participate in a consult agreement pursuant to section 4729.39 of the Revised Code.
(B) Record keeping. As required by section 4729.39 of the Revised Code, a managing pharmacist shall maintain a record of each action taken for each patient whose drug therapy is managed under the agreement. These records shall be maintained in such a manner that they are readily retrievable for at least three years from the date of the last action taken under the agreement. Such consult agreements shall be considered confidential patient records and are subject to the confidentiality requirements of rule 4729:5-3-05 of the Administrative Code.
(C) Managing drug therapy.
(1) For the purpose of implementing any actions related to the management of drug therapy listed in division (D)(1) of section 4729.39 of the Revised Code, the managing pharmacist may be authorized as one or both of the following, as specified in the consult agreement:
(a) A prescriber authorized to issue a drug order in writing, orally, by a manually signed drug order sent via facsimile or by an electronic prescribing system for drugs or combinations or mixtures of drugs to be used by a particular patient as authorized by the consult agreement.
(i) For all outpatient prescriptions issued, the pharmacist shall comply with rules 4729:5-5-15 and 4729:5-5-05 of the Administrative Code.
(ii) For all inpatient prescriptions or orders issued at an institutional facility, the pharmacist shall comply with the requirements of agency 4729 of the Administrative Code.
(b) With respect to non-controlled dangerous drugs only, an agent of the consulting practitioner(s). As an agent of the consulting practitioner(s), a pharmacist is authorized to issue a drug order, on behalf of the consulting practitioner(s), in writing, orally, by a manually signed drug order sent via facsimile or by an electronic prescribing system for drugs or combinations or mixtures of drugs to be used by a particular patient as authorized by the consult agreement. A pharmacist issuing a prescription as an agent of a practitioner shall comply with all the following:
(i) For all outpatient prescriptions, the pharmacist shall comply with rules 4729:5-5-15 and 4729:5-5-05 of the Administrative Code.
(ii) For all inpatient prescriptions or orders issued at an institutional facility, the pharmacist shall comply with the prescription requirements of agency 4729 of the Administrative Code.
(iii) Except as provided in paragraphs (C)(1)(b)(v) and (C)(1)(b)(vi) of this rule, the prescription shall include the required information of the consulting practitioner(s).
(iv) The prescription shall also include the name of the managing pharmacist acting as the agent of the consulting practitioner.
(v) The telephone number where the managing pharmacist can be personally contacted during normal business hours. The telephone number may be in addition to or in place of the telephone number required by rule 4729:5-5-15 of the Administrative Code.
(vi) Pursuant to the consult agreement, all required positive identification (including a manual signature) on a prescription shall be of the managing pharmacist on behalf of the consulting practitioner(s).
(2) If the managing pharmacist is not the dispensing pharmacist or the person administering the dosage ordered, a copy of the consult agreement or privileging documentation shall be made available to the dispensing pharmacist or the person administering the dosage ordered if it is requested in order to prove the right of the managing pharmacist to act in this manner.
(3) A managing pharmacist shall request and review an OARRS report covering at least a one-year time period prior to any of the following:
(a) Adding a controlled substance drug to a patient's drug therapy; or
(b) Adjusting a controlled substance drug's strength, dose, dosage form, frequency of administration, or route of administration.
(4) Except as provided in paragraph (C)(5) of this rule, a managing pharmacist shall not delegate drug therapy management to anyone other than another authorized pharmacist practicing under the consult agreement.
(5) A managing pharmacist may delegate the administration of a drug to a licensed healthcare professional in accordance with their applicable scope of practice pursuant to the managing pharmacist's order.
(6) A managing pharmacist authorized to prescribe controlled substances pursuant to paragraph (C)(1)(a) of this rule shall comply with all the following:
(a) Maintain a valid controlled substance prescriber registration issued by the state board of pharmacy by submitting an application and a valid consult agreement, in a manner determined by the board, authorizing the pharmacist to prescribe controlled substances.
(i) A pharmacist shall be required to renew their controlled substance prescriber registration in accordance with a renewal schedule adopted by the board. A controlled substance prescriber registration shall be deemed void if a pharmacist does not renew their registration in accordance with the renewal schedule adopted by the board.
(ii) A pharmacist shall be required to notify the board, in a manner determined by the board, if they are no longer authorized to prescribe controlled substances pursuant to a consult agreement. Notification shall occur within five business days. A controlled substance prescriber registration shall be deemed void if the pharmacist no longer has a valid consult agreement authorizing the prescribing of a controlled substance. Failure to obtain or maintain a valid controlled substance prescriber registration prohibits a pharmacist from prescribing controlled substances.
(iii) A pharmacist applying for a controlled substance registration shall be an Ohio licensed pharmacist in good standing. The pharmacist shall not be the subject of any current board disciplinary action or have a restricted license. In determining whether to grant a registration, the board may consider any previous disciplinary action.
(iv) The board may deny a registration if the applicant fails to meet any of the required qualifications or if the board finds that issuing a controlled substance registration presents a danger to public safety.
(b) Subject to approval by the United States drug enforcement administration (D.E.A.), prescribe utilizing a valid D.E.A. registration, which includes either:
(i) Obtaining and maintaining a valid registration with the D.E.A.; or
(ii) If authorized by federal law or regulation, a pharmacist who is employed as a staff prescriber of a hospital pursuant to a consult agreement who is not individually registered under the provisions of the controlled substances act and, therefore, does not possess a D.E.A. registration, may administer, dispense, and prescribe controlled substances, as specified in a consult agreement, under the registration of the hospital. A hospital that authorizes a pharmacist to dispense or prescribe under its registration shall assign a specific internal code number for each managing pharmacist so authorized.
(c) Unless a pharmacist utilizes a hospital's D.E.A. registration, failure to obtain or maintain a valid D.E.A. registration shall prohibit a managing pharmacist from prescribing controlled substances.
(d) A pharmacist that obtains a valid registration with the D.E.A. pursuant to paragraph (C)(6)(b)(i) of this rule shall:
(i) Submit the pharmacist's registration information, in a manner determined by the board, within thirty days of issuance.
(ii) Submit any changes to a pharmacist's registration, in a manner determined by the board, within thirty days of any change to the registration.
(7) A prescription, to be valid, must be issued for a legitimate medical purpose by a pharmacist authorized pursuant to a consult agreement. The responsibility for the proper prescribing is upon the managing pharmacist, 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 considered a violation of this rule and may be subject to disciplinary action in accordance with Chapter 4729. of the Revised Code or any rule promulgated thereunder.
(D) Therapy management by formulary. The requirements of this chapter and section 4729.39 of the Revised Code do not apply within an institutional facility when the pharmacists are following the requirements of a formulary system that was developed pursuant to section 4729.381 of the Revised Code.
(E) Review of consult agreements. Upon the request of the state board of pharmacy, a pharmacist shall immediately provide a consult agreement and any relating policies or documentation pursuant to this rule and division (D)(3) of section 4729.39 of the Revised Code. The state board of pharmacy may prohibit the execution of a consult agreement if the board finds any of the following:
(1) The agreement does not meet the requirements set forth in section 4729.39 of the Revised Code or this chapter of the Administrative Code; or
(2) The agreement, if executed, would present a danger to patient safety.
Last updated May 19, 2026 at 3:52 PM
History
- Effective: October 10, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 4729:5-3-05
(A) Records relating to the practice of pharmacy, the administration of drugs, or any patient specific drug transaction are not a public record. A person having custody of, or access to, such records shall not divulge the contents thereof, or provide a copy thereof, to anyone except:
(1) The patient, or owner if the patient is an animal, for whom the prescription or medication order was issued.
(2) The prescriber who issued the prescription or medication order, or a subsequent treating prescriber.
(3) Licensed health care personnel who are responsible for the care of the patient.
(4) A member, inspector, agent, or investigator of the state board of pharmacy or any federal, state, county, or municipal officer whose duty is to enforce the laws of this state or the United States relating to drugs and who is engaged in a specific investigation involving a designated person or drug.
(5) An agent of an Ohio licensing agency that is responsible for the licensure or registration of a health professional authorized to prescribe drugs as defined in section 4729.01 of the Revised Code when enforcing that agency's chapter of the Revised Code.
(6) A state or federal agency charged with the responsibility of providing medical care (i.e. medicaid, medicare, workers' compensation, etc.) for the patient upon a written request by an authorized representative of the agency requesting such information.
(7) An agent of a medical insurance company who provides prescription insurance coverage to the patient upon authorization and proof of insurance by the patient or proof of payment by the insurance company for those medications whose information is requested.
(8) An agent who contracts with the terminal distributor of dangerous drugs as a "business associate" in accordance with the regulations promulgated by the secretary of the United States department of health and human services pursuant to the federal standards for privacy of individually identifiable health information.
(9) Any person, other than those listed in paragraphs (A)(1) to (A)(8) of this rule, only when the patient has given consent for such disclosure in writing. Any consent must be signed by the patient and dated. Any consent for disclosure is valid until rescinded by the patient.
In an emergency, the terminal distributor of dangerous drugs may disclose the information when, in the professional judgment of the pharmacist or healthcare provider, it is deemed to be in the best interest of the patient. A pharmacist or healthcare provider making an oral disclosure in an emergency situation must prepare a written memorandum showing the patient's name, the date and time the disclosure was made, the nature of the emergency, and the names of the individuals by whom and to whom the information was disclosed.
(B) Testimonial privilege is not waived for any communication between a prescriber, a pharmacist, and a patient pursuant to section 2317.02 of the Revised Code.
(C) Records relating to the practice of pharmacy, the administration of drugs, or any patient specific drug transaction which may be required as evidence of a violation shall be released, upon request, to a member, inspector, agent, or investigator of the state board of pharmacy or any state, county, or municipal officer whose duty is to enforce the laws of this state or the United States relating to drugs and who is engaged in a specific investigation involving a designated person or drug. Such person shall furnish a receipt to the person having legal custody of the records. If the record is a prescription, the receipt shall list the following information:
(1) Prescription identification number; or, if an order for medication, the name of the patient;
(2) The drugs prescribed or ordered;
(3) Quantity of drugs prescribed, dispensed, administered or personally furnished;
(4) Name of the prescriber;
(5) Date, name of agency, and signature of person removing the records.
(D) All such records, including consents, memoranda of emergency disclosures, and written requests pursuant to paragraph (A)(9) of this rule, shall be kept on file at the terminal distributor of dangerous drugs for a period of three years in a readily retrievable manner.
(E) All patient records maintained by a terminal distributor of dangerous drugs shall be maintained in accordance with the following:
(1) For human patients, the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and
(2) All state and federal laws, rules, and regulations.
Last updated July 1, 2024 at 5:26 PM
History
- Effective: July 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4729:5-5-15
(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.
Last updated January 6, 2026 at 2:09 PM
History
- Effective: December 1, 2020
- Promulgated Under: 119.03
Ohio Adm.Code 4729:5-5-05
(A) Except as provided in paragraph (E) of this rule, no pharmacist shall dispense dangerous drugs pursuant to a written outpatient prescription unless the following conditions are met:
(1) The prescription is issued in compliance with rule 4729:5-5-15 of the Administrative Code.
(2) If handwritten, typewritten, or computer-generated hard copy, there are no more than three non-controlled substance prescription orders per prescription form.
(3) If preprinted with multiple drug names or strength combinations:
(a) There are no controlled substances among the choices;
(b) There is only one prescription order selected per form.
(B) Except as provided in paragraph (E) of this rule, no pharmacist shall dispense controlled substances pursuant to a written outpatient prescription unless the following conditions are met:
(1) The prescription has been issued in compliance with rule 4729:5-5-15 of the Administrative Code.
(2) The prescription contains only one prescription order per prescription form, whether handwritten, typewritten, computer-generated hard copy, or preprinted.
(3) The quantity has been written both numerically and alphabetically.
(4) If preprinted, there is only one drug and strength combination printed on the form.
(C) A prescription for a controlled substance issued by a medical intern, resident, or fellow as described in rule 4729:5-1-02 of the Administrative Code may not be dispensed unless the prescription is issued in accordance with this rule and complies with the requirements for drug enforcement administration (D.E.A.) registration numbers for hospital and other institution employed prescribers pursuant to agency 4729 of the Administrative Code.
(D) A prescription for a controlled substance issued by a staff prescriber of a hospital or other institution may not be dispensed unless the prescription is issued in accordance with this rule and complies with either:
(1) The requirements for D.E.A. registration numbers for hospital or other institution employed prescribers pursuant to agency 4729 of the Administrative Code; or
(2) Includes the prescriber's D.E.A. registration number.
(E) For purposes of preprinted outpatient prescription forms for hospice care programs, the following conditions apply:
(1) Preprinted prescription forms may contain multiple orders on one form and the prescriber may select as many drug orders as necessary. Additional prescriptions may be manually added to the form.
(2) Preprinted forms shall not contain prescription orders for schedule II controlled substances. Schedule II controlled substances may be manually added to the preprinted forms and signed by the prescriber.
(3) The prescriber shall indicate on each preprinted form the drug orders authorized on the form by either:
(a) Manually indicating the total drug orders authorized on the form; or
(b) Manually initialing each drug order.
(4) All written drug orders must be signed by the prescriber.
(5) All signed prescriptions may be faxed from the prescriber or the hospice location to the pharmacy.
(6) At the direction of the prescriber, verbal drug orders may be transmitted to the pharmacy by the prescriber's agent, including a hospice nurse, except for schedule II controlled substances.
(7) All schedule II controlled substance prescriptions shall comply with 21 C.F.R. 1306.11 (3/31/2010).
Last updated May 19, 2026 at 4:58 PM
History
- Effective: December 1, 2020
- Promulgated Under: 119.03
Ohio Adm.Code 4729:1-6-03 Standards for managing drug therapy.
(A) A managing pharmacist shall prescribe in accordance with a valid prescriber-patient relationship. This includes, but is not limited to, the following:
(1) Reviewing a thorough history of the patient;
(2) Except as provided in paragraphs (F) and (G)(2) of this rule, conducting an initial consultation with the patient via in-person meeting, video conference, or by telephone;
(3) Ordering tests and evaluation of test results in accordance with section 4729.39 of the Revised Code;
(4) Prescribing medication in accordance this division of the Administrative Code, ruling out the existence of any recognized contraindications;
(5) Consulting with the authorizing practitioner on the consult agreement when necessary; and
(6) Documenting these steps in the patient's medical record.
(B) The pharmacist's prescriptive authority shall not exceed what is specified in the consult agreement.
(C) A managing pharmacist shall comply with the same requirements for the prescribing dangerous drugs pursuant to Chapter 4731 of the Administrative Code.
(D) A pharmacist, as part of an opioid treatment program licensed by the state, may administer controlled substance narcotics pursuant to a consult agreement in accordance with this division of the Administrative Code for the maintenance or detoxification treatment of opioid addiction.
(E) Except as provided in paragraphs (F) and (G)(1) of this rule, a managing pharmacist shall, at a minimum, conduct a follow-up consultation with the patient on an annual basis. The review shall be conducted via in-person meeting, video conference or by telephone and shall be documented in the patient's medical record.
(F) Paragraphs (A)(2) and (E) of this rule do not apply to the inpatient management a patient's drug therapy pursuant to a consult agreement in an institutional facility.
(G) A hospital, clinic or other healthcare facility that utilizes managing pharmacists for the purposes of authorizing prescriptions that were originally issued by a consulting practitioner shall comply with the following:
(1)
(a) A managing pharmacist, consulting practitioner, or agent of the consulting practitioner shall, at a minimum, conduct a follow-up consultation with the patient on an annual basis. The review shall be conducted via in-person meeting, video conference or by telephone and shall be documented in the patient's medical record.
(b) The required follow-up consultation with patients pursuant to paragraph (G)(1)(a) of this rule does not apply if the patient, or an individual authorized to act on behalf of a patient, elects to opt-out of the follow-up consultation.
(2) The initial consultation requirement by a managing pharmacist is not required if the managing pharmacist is only engaged in the authorization of prescriptions.
(3) In addition to the communication requirements in paragraph (C) of rule 4729:1-6-01 of the Administrative Code, the hospital, clinic or healthcare facility shall:
(a) Obtain patient consent specifically authorizing the use of managing pharmacists to authorize prescriptions pursuant to a consult agreement.
(b) Provide contact information, either electronically or in writing, of the person or persons at the hospital, clinic or other healthcare facility who are responsible for answering questions regarding the patient's drug therapy.
(4) Notwithstanding any other provision of the Administrative Code, all prescriptions authorized pursuant to this paragraph shall include the name of the managing pharmacist authorizing the prescription and the telephone number where the managing pharmacist can be personally contacted during normal business hours.
(5) Managing pharmacists authorizing prescription refills in accordance with this paragraph shall utilize an electronic health records system that complies with the following:
(a) The system shall provide managing pharmacists and consulting practitioner with real-time access to the patient's complete medical record maintained by the consulting practitioner, including patient lab results and prescriber and pharmacist notes.
(b) The electronic health records system shall have the capability to allow communication between managing pharmacists and consulting practitioner.
(6) The consult agreement shall include an algorithm that is specific to refill authorizations. The algorithm must include, but is not limited to, the following decision criteria for managing pharmacists to follow when conducting prescription refill authorizations:
(a) Required lab results;
(b) Any restrictions or limitations; and
(c) The maximum amount of time between prescriber visits a refill may be authorized based upon prevailing standards of care.
Last updated May 19, 2026 at 3:52 PM
History
- Effective: October 10, 2021
- Promulgated Under: 119.03
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.