4729-5-26 Partial dispensing of schedule II controlled substances.

(A) A valid prescription for a schedule II controlled substance may be partially dispensed if all of the following apply:

(1) For a terminally ill patient or a patient residing in a long term care facility, in accordance with 21 C.F.R. 1306.13 (03/31/2010), the following must be observed:

(a) Prior to a partial dispensing of a schedule II controlled substance, the pharmacist must confirm that the patient is "terminally ill" or a patient residing in a "long term care facility" and note this on the prescription;

(b) The total quantity dispensed in all partial dispensings shall not exceed the total quantity prescribed; and

(c) The remaining portions of a partially dispensed schedule II controlled substance prescription shall be filled not later than sixty days after the date on which the prescription is written.

(2) For a patient who is not terminally ill or residing in a long term care facility, the following must be observed:

(a) The partial dispensing shall be requested by the patient or the prescriber that issued the prescription;

(b) The total quantity dispensed in all partial dispensings shall not exceed the total quantity prescribed; and

(c) The remaining portions of a partially dispensed schedule II controlled substance prescription shall be filled not later than thirty days after the date on which the prescription is written.

(B) The partial dispensing of a schedule II prescription can only occur at the pharmacy where the original prescription is on file.

(C) At the time of partial dispensing of a schedule II controlled substance, the following must be noted on the back of the original prescription or within an alternate record keeping system pursuant to rule 4729-5-27 of the Administrative Code: the date dispensed, quantity dispensed, remaining quantity authorized to be dispensed, prescription number of this partial dispensing if different, and the manual initials or other form of positive identification of the dispensing pharmacist.

(D) If an alternate record keeping system is being used and the system will not permit refills of schedule II controlled substances, a new prescription number for the partial dispensing must be assigned.

(1) A notation must also be made in the database that identifies this new prescription number as a partial dispensing and provides the serial number of the original prescription.

(2) A prescription bearing the new serial number must be placed in the schedule II file. The prescription for each partial filling must also show the serial number of the original prescription.

Replaces: 4729-5-26

Cite as Ohio Admin. Code 4729-5-26

Effective: 3/1/2017
Five Year Review (FYR) Dates: 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 3719.28
Rule Amplifies: 3719.05, 3719.07, 3719.13, 3719.27
Prior effective dates: 4/1/65, 3/19/87, 1/17/97, 3/1/99, 4/27/07, 10/27/11