4731-21-01 Definitions.

As used in Chapter 4731-21 of the Administrative Code:

(A) "Addiction" means a compulsive disorder in which an individual becomes preoccupied with obtaining and using a substance, despite adverse social, psychological and/or physical consequences, the continued use of which results in a decreased quality of life. Physical dependence alone is not evidence of addiction.

(B) "Believes" or "has reason to believe" does not require absolute certainty or complete unquestioning acceptance; but only an opinion based on reasonable information that a patient is suffering from addiction or drug abuse or engaging in diversion of drugs.

(C) "Board" means the state medical board of Ohio.

(D) "Diversion" means the conveyance of a prescription drug to a person other than the person for whom the drug was prescribed or dispensed by a practitioner.

(E) "Drug abuse" means a maladaptive or inappropriate use or overuse of a medication.

(F) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.

(G) "Intractable pain" means a state of pain that is determined, after reasonable medical efforts have been made to relieve the pain or cure its cause, to have a cause for which no treatment or cure is possible or for which none has been found. "Intractable pain" does not include pain experienced by a patient with a terminal condition. "Intractable pain" does not include the treatment of pain associated with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition.

(H) "Pain" means an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage.

(I) "Physical dependence" means a physiologic state of adaptation to a specific drug or medication characterized by the development of a withdrawal syndrome following abrupt cessation of a drug or on administration of an antagonist.

(J) "Practitioner" means any of the following:

(1) An individual holding a certificate to practice medicine and surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code;

(2) An individual holding a certificate to practice podiatric medicine and surgery under Chapter 4731. of the Revised Code and practicing within his or her scope of practice as defined in section 4731.51 of the Revised Code; or

(3) An individual holding both of the following:

(a) A certificate to practice as a physician assistant under Chapter 4730. of the Revised Code and practicing within his or her scope of practice in compliance with that chapter; and

(b) A certificate to prescribe under Chapter 4730. of the Revised Code and exercising physician delegated prescriptive authority in compliance with that chapter.

(K) "Prescription drug" means a drug which under state or federal law may be administered or dispensed only by or upon the order of a practitioner and includes the term "dangerous drug" as defined by section 4729.02 of the Revised Code.

(L) "Protracted basis" means for a period in excess of twelve continuous weeks.

(M) "Terminal condition" means an irreversible, incurable, and untreatable condition caused by disease, illness, or injury, which will likely result in death. A terminal condition is one in which there can be no recovery, although there may be periods of remission.

A terminal condition shall be determined to a reasonable degree of medical certainty in accordance with reasonable medical standards by a patient's attending medical doctor or doctor of osteopathic medicine and one other individual holding a certificate under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who has examined the patient.

(N) "Tolerance" means decreasing response to the same dosage of a prescription drug over time as a result of physiologic adaptation to that drug.

(O) "Utilizing prescription drugs" means prescribing, administering, dispensing, supplying, selling or giving a prescription drug.

Effective: 11/30/2008
R.C. 119.032 review dates: 11/06/2007 and 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 4730.07 , 4730.39 , 4731.05 , 4731.052
Rule Amplifies: 4730. 39, 4731.22 , 4731.052
Prior Effective Dates: 11/11/98