Section 4729.44 | [Amended and renumbered as R.C. 3715.502 by H.B. 558, 134th General Assembly, effective 4/6/2023] Dispensing overdose reversal drugs.
(A) As used in this section:
(1) "Board of health" means a board of health of a city or general health district or an authority having the duties of a board of health under section 3709.05 of the Revised Code.
(2) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(B) If use of the protocol developed pursuant to rules adopted under division (G) of this section has been authorized under section 3707.56 or 4731.942 of the Revised Code, a pharmacist or pharmacy intern may dispense overdose reversal drugs without a prescription to either of the following in accordance with that protocol:
(1) An individual who there is reason to believe is experiencing or at risk of experiencing an opioid-related overdose;
(2) A family member, friend, or other individual in a position to assist an individual who there is reason to believe is at risk of experiencing an opioid-related overdose.
(C) A pharmacist or pharmacy intern who dispenses overdose reversal drugs under this section shall instruct the individual to whom the drugs are dispensed to summon emergency services as soon as practicable either before or after administering the drugs.
(D) A pharmacist may document on a prescription form the dispensing of overdose reversal drugs by the pharmacist or a pharmacy intern supervised by the pharmacist. The form may be assigned a number for record-keeping purposes.
(E) This section does not affect the authority of a pharmacist or pharmacy intern to fill or refill a prescription for overdose reversal drugs.
(F) A board of health that in good faith authorizes a pharmacist or pharmacy intern to dispense overdose reversal drugs without a prescription in accordance with a protocol developed pursuant to rules adopted under division (G) of this section is not liable for or subject to any of the following for any action or omission of the individual to whom the drugs are dispensed: damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action.
A physician who in good faith authorizes a pharmacist or pharmacy intern to dispense overdose reversal drugs without a prescription in accordance with a protocol developed pursuant to rules adopted under division (G) of this section is not liable for or subject to any of the following for any action or omission of the individual to whom the drugs are dispensed: damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action.
A pharmacist or pharmacy intern authorized under this section to dispense overdose reversal drugs without a prescription who does so in good faith is not liable for or subject to any of the following for any action or omission of the individual to whom the drugs are dispensed: damages in any civil action, prosecution in any criminal proceeding, or professional disciplinary action.
(G) The state board of pharmacy shall, after consulting with the department of health and state medical board, adopt rules to implement this section. The rules shall specify a protocol under which pharmacists or pharmacy interns may dispense overdose reversal drugs without a prescription.
All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(H)(1) The state board of pharmacy shall develop a program to educate all of the following about the authority of a pharmacist or pharmacy intern to dispense overdose reversal drugs without a prescription:
(a) Holders of licenses issued under this chapter that engage in the sale or dispensing of overdose reversal drugs pursuant to this section;
(b) Registered pharmacy technicians, certified pharmacy technicians, and pharmacy technician trainees registered under this chapter who engage in the sale of overdose reversal drugs pursuant to this section;
(c) Individuals who are not licensed or registered under this chapter but are employed by license holders described in division (H)(1)(a) of this section.
(2) As part of the program, the board also shall educate the license holders, pharmacy technicians, and employees described in division (H)(1) of this section about maintaining an adequate supply of overdose reversal drugs and methods for determining a pharmacy's stock of such drugs.
(3) The board may use its web site to share information under the program.
Last updated March 2, 2023 at 5:32 PM
Available Versions of this Section
- July 16, 2015 – Enacted by House Bill 4 - 131st General Assembly [ View July 16, 2015 Version ]
- March 20, 2019 – Amended by Senate Bill 119 - 132nd General Assembly [ View March 20, 2019 Version ]
- December 16, 2020 – Amended by House Bill 341 - 133rd General Assembly [ View December 16, 2020 Version ]
- September 23, 2022 – Amended by House Bill 193 - 134th General Assembly [ View September 23, 2022 Version ]