Lawriter - OAC - 4729:5-20-02 Personally furnishing dangerous drugs.

4729:5-20-02 Personally furnishing dangerous drugs.

(A) A veterinarian who personally furnishes a dangerous drug, other than a sample drug pursuant to section 3719.81 of the Revised Code, shall affix to the container a label showing:

(1) The name and address of the veterinarian;

(2) The name of the patient for whom the drug is intended, which shall include the name of the owner and identification of the animal or animals;

(3) Name and strength of the dangerous drug;

(4) Directions for use;

(5) Date furnished; and

(6) If a compounded drug, the statement "Compounded Drug" or other similar statement shall also be displayed prominently on the label.

(B) A veterinarian who personally furnishes a dangerous drug labeled as a sample and where the directions for use are different from the directions on or in the sample container, the veterinarian shall affix a label to the sample container or provide written documentation accompanying the sample that includes the following:

(1) The name and address of the veterinarian;

(2) The name of the patient for whom the drug is intended, which shall include the name of the owner and identification of the animal or animals; and

(3) Directions for use.

(C) A veterinarian may delegate to a registered veterinary technician or animal aide, acting within the scope of the professional's practice, the act of preparing and packaging a dangerous drug that will be personally furnished. Unless otherwise authorized under Chapter 4741. of the Revised Code and the rules adopted thereunder, animal aides shall not prepare and package dangerous drugs that are anesthetic agents or controlled substances.

(D) A veterinarian shall conduct the final association of a controlled substance dangerous drug with a patient prior to personally furnishing the drug to the patient's owner or caregiver.

(E) Counseling.

(1) A veterinarian or the veterinarian's designee shall personally offer to provide, or may provide in writing, the service of counseling pursuant to paragraph (E)(2) of this rule to an owner or caregiver whenever any dangerous drug is personally furnished. A veterinarian shall not be required to counsel an owner or caregiver when the owner or caregiver refuses, either verbally or in writing, the offer of counseling or does not respond to the written offer to counsel.

(2) Veterinarian counseling may include, but is not limited to, the following:

(a) The name and description of the drug;

(b) The dosage form, dose, route of administration, and duration of drug therapy;

(c) The intended use of the drug and the expected action;

(d) Special directions and precautions for preparation, administration, and use;

(e) Common adverse effects or interactions and therapeutic contraindications that may occur, including possible methods to avoid them, and the action required if they occur;

(f) Techniques for monitoring drug therapy;

(g) Proper storage and disposal;

(h) Action to be taken in the event of a missed dose; and

(i) The veterinarian's comments relevant to the patient's drug therapy, including other necessary information unique to the specific patient or drug.

(F) Provision of dangerous drugs.

(1) A veterinarian may delegate an individual or individuals to distribute dangerous drugs that are personally furnished if all the following apply:

(a) A veterinarian provides personal supervision;

(b) Counseling is offered in accordance with paragraph (E) of this rule;

(c) This task may be delegated in accordance with applicable state laws and rules.

(2) Paragraph (F)(1)(a) of this rule does not apply if a non-controlled dangerous drug is provided to the owner or caregiver by a registered veterinary technician or animal aide and a veterinarian is available for counseling by means of electronic communication during normal hours of operation.

(G) No veterinarian may personally furnish to an owner or caregiver to whom there is no veterinary-client-patient relationship, pursuant to applicable state and federal laws, regulations, and rules.

(H) Any patient specific dangerous drug dispensed by a pharmacy that is provided to an owner or caregiver by a veterinarian pursuant to rule 4729:5-5-14 of the Administrative Code is the property of that owner or caregiver and is not considered personally furnishing. No veterinarian that provides an owner or caregiver with a drug pursuant to rule 4729:5-5-14 of the Administrative Code shall charge any additional fees or require any additional monetary compensation for the dangerous drug.

(I) Paragraph (H) of this rule does not prohibit a veterinarian from charging an owner or caregiver for any of the following:

(1) The cost of an office visit or any expense related to the administration of a dangerous drug; or

(2) The cost of a dangerous drug dispensed by a pharmacy to a patient if paid for by the veterinarian.


Effective: 3/1/2020
Five Year Review (FYR) Dates: 03/01/2025
Promulgated Under: 119.03
Statutory Authority: 4729.26, 3719.28
Rule Amplifies: 4729.51, 4729.55