Lawriter - OAC - 4723-9-08 Safety standards for personally furnishing drugs and therapeutic devices.

4723-9-08 Safety standards for personally furnishing drugs and therapeutic devices.

(A) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid advanced practice registered nurse license issued by the board may personally furnish to a patient a drug or therapeutic device, whether as a sample drug or a complete or partial supply, only if the following requirements are met:

(1) The drug or therapeutic device is not excluded by the formulary, located at http://www.nursing.ohio.gov/Practice-Prescribing.htm(effective 2017) , established according to rule 4723-9-10 of the Administrative Code;

(2) If the drug furnished is a controlled substance, the requirements of section 4729.291 of the Revised Code are met, including limiting the amount of the controlled substance to a seventy-two hour supply, and, in any thirty-day period, not personally furnishing to or for patients, taken as a whole, an amount that exceeds two thousand five hundred dosage units;

(3) If the drug furnished is a dangerous drug, other than a sample drug, the nurse affixes labeling to the container as specified in rule 4729-5-17 of the Administrative Code;

(4) The nurse complies with rule 4723-9-12 of the Administrative Code regarding standards and procedures for review of OARRS reports;

(5) The nurse maintains a written record of all drugs and therapeutic devices personally furnished by the nurse as required by rule 4729-5-17 of the Administrative Code; and

(6) The nurse maintains current knowledge of and complies with all applicable state and federal laws or rules related to personally furnishing drugs and therapeutic devices.

(B) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid advanced practice registered nurse license issued by the board may personally furnish to a patient a sample drug only if, in addition to the requirements set forth in paragraph (A) of this rule, the following requirements are met:

(1) The sample drug is furnished in compliance with section 3719.81 of the Revised Code, including but not but limited to the requirement that the sample be provided free of charge; and

(2) If the sample is a dangerous drug, the requirements of rule 4729-5-17 of the Administrative Code are met.

(C) Notwithstanding the requirements of this rule, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a current, valid advanced practice registered nurse license issued by the board may personally furnish a supply of naloxone according to section 4723.488 of the Revised Code.

(D) Notwithstanding the requirements of this rule, a clinical nurse specialist, certified nurse- midwife, or certified nurse practitioner who holds a current, valid advanced practice registered nurse license may personally furnish a complete or partial supply of a drug to treat chlamydia, gonorrhea, or trichomoniasis as specified in section 4723.4810 of the Revised Code.

Replaces: 4723-9-08

Effective: 1/1/2018
Five Year Review (FYR) Dates: 10/15/2020
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.481
Prior Effective Dates: 02/01/2002, 02/01/2006, 02/01/2011, 02/01/2012, 02/01/2016