Section 4723.50 | Administrative rules for prescribing drugs and therapeutic devices.
(A) As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Medication-assisted treatment" has the same meaning as in section 340.01 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the board of nursing shall adopt rules as necessary to implement the provisions of this chapter pertaining to the authority of advanced practice registered nurses who are designated as clinical nurse specialists, certified nurse-midwives, and certified nurse practitioners to prescribe and furnish drugs and therapeutic devices.
The board shall adopt rules that are consistent with a recommended exclusionary formulary the board received from the former committee on prescriptive governance that was established pursuant to H.B. 216 of the 131st general assembly. After reviewing a formulary submitted by the committee, the board may either adopt the formulary as a rule or ask the committee to reconsider and resubmit the formulary. The board shall not adopt any rule that does not conform to a formulary developed by the committee.
The exclusionary formulary shall permit, in a manner consistent with section 4723.481 of the Revised Code, the prescribing of controlled substances, including drugs that contain buprenorphine used in medication-assisted treatment and both oral and long-acting opioid antagonists. The formulary shall not permit the prescribing or furnishing of any of the following:
(1) A drug or device to perform or induce an abortion;
(2) A drug or device prohibited by federal or state law.
(C) In addition to the rules described in division (B) of this section, the board shall adopt rules under this section that do the following:
(1) Establish standards for board approval of the course of study in advanced pharmacology and related topics required by section 4723.482 of the Revised Code;
(2) Establish requirements for board approval of the two-hour course of instruction in the laws of this state as required under division (C)(1) of section 4723.482 of the Revised Code;
(3) Establish criteria for the components of the standard care arrangements described in section 4723.431 of the Revised Code that apply to the authority to prescribe, including the components that apply to the authority to prescribe schedule II controlled substances. The rules shall be consistent with that section and include all of the following:
(a) Quality assurance standards;
(b) Standards for periodic review by a collaborating physician or podiatrist of the records of patients treated by the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(c) Acceptable travel time between the location at which the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner is engaging in the prescribing components of the nurse's practice and the location of the nurse's collaborating physician or podiatrist;
(d) Any other criteria recommended by the former committee on prescriptive governance.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Available Versions of this Section
- March 20, 2013 – House Bill 303, 129th General Assembly [ View March 20, 2013 Version ]
- October 15, 2015 – Senate Bill 110, 131st General Assembly [ View October 15, 2015 Version ]
- April 6, 2017 – Amended by House Bill 216, 131st General Assembly [ View April 6, 2017 Version ]
- September 29, 2017 – Amended by House Bill 49, 132nd General Assembly [ View September 29, 2017 Version ]
- December 16, 2020 – Amended by House Bill 341, 133rd General Assembly [ View December 16, 2020 Version ]
- April 12, 2021 – Amended by Senate Bill 331, House Bill 231, House Bill 341, 133rd General Assembly [ View April 12, 2021 Version ]