130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 141  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 141


Representatives Goodwin, Boyd 

Cosponsors: Representatives Antonio, Brenner, Combs, Letson, O'Brien, Okey 



A BILL
To amend sections 3719.06, 4723.481, 4723.482, 4723.492, and 4723.50 of the Revised Code to modify the authority of certain advanced practice nurses to prescribe schedule II controlled substances.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3719.06, 4723.481, 4723.482, 4723.492, and 4723.50 of the Revised Code be amended to read as follows:
Sec. 3719.06.  (A)(1) A licensed health professional authorized to prescribe drugs, if acting in the course of professional practice, in accordance with the laws regulating the professional's practice, and in accordance with rules adopted by the state board of pharmacy, may, except as provided in division (A)(2) or (3) of this section, do the following:
(a) Prescribe schedule II, III, IV, and V controlled substances;
(b) Administer or personally furnish to patients schedule II, III, IV, and V controlled substances;
(c) Cause schedule II, III, IV, and V controlled substances to be administered under the prescriber's direction and supervision.
(2) A As provided in section 4723.481 of the Revised Code, a licensed health professional authorized to prescribe drugs who is a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner is subject to both shall not do either of the following:
(a) A Prescribe to a patient in a convenience care clinic any schedule II controlled substance may be prescribed only for a patient with a terminal condition, as defined in section 2133.01 of the Revised Code, only if the nurse's collaborating physician initially prescribed the substance for the patient, and only in an amount that does not exceed the amount necessary for the patient's use in a single, twenty-four-hour period.;
(b) No Personally furnish to a patient any schedule II controlled substance shall be personally furnished to any patient.
(3) A licensed health professional authorized to prescribe drugs who is a physician assistant shall not prescribe or personally furnish to patients any controlled substance that is not included in the physician-delegated prescriptive authority granted to the physician assistant in accordance with Chapter 4730. of the Revised Code.
(B) No licensed health professional authorized to prescribe drugs shall prescribe, administer, or personally furnish a schedule III anabolic steroid for the purpose of human muscle building or enhancing human athletic performance and no pharmacist shall dispense a schedule III anabolic steroid for either purpose, unless it has been approved for that purpose under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
(C) Each written prescription shall be properly executed, dated, and signed by the prescriber on the day when issued and shall bear the full name and address of the person for whom, or the owner of the animal for which, the controlled substance is prescribed and the full name, address, and registry number under the federal drug abuse control laws of the prescriber. If the prescription is for an animal, it shall state the species of the animal for which the controlled substance is prescribed.
Sec. 4723.481.  Under a certificate to prescribe issued under section 4723.48 of the Revised Code, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner is subject to all of the following:
(A) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall not prescribe any drug or therapeutic device that is not included in the types of drugs and devices listed on the formulary established in rules adopted under section 4723.50 of the Revised Code.
(B) The nurse's prescriptive authority of the clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall not exceed the prescriptive authority of the collaborating physician or podiatrist.
(C) The nurse may prescribe a schedule II controlled substance as specified in division (A)(2) of section 3719.06 of the Revised Code, but shall not prescribe a schedule II controlled substance in collaboration with a podiatrist clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may prescribe to a patient a schedule II controlled substance included in the types of drugs and devices listed on the formulary, except that a schedule II controlled substance may not be prescribed to a patient in a convenience care clinic.
(D) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish to a patient a sample of any drug or therapeutic device included in the types of drugs and devices listed on the formulary, subject to except that all of the following conditions apply:
(1) The amount of the sample furnished shall not exceed a seventy-two-hour supply, except when the minimum available quantity of the sample is packaged in an amount that is greater than a seventy-two-hour supply, in which case the nurse may furnish the sample in the packaged amount may be furnished.
(2) No charge may be imposed for the sample or for furnishing it.
(3) Samples of controlled substances may not be personally furnished.
(E) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish to a patient a complete or partial supply of a drug or therapeutic device included in the types of drugs and devices listed on the formulary, subject to except that all of the following conditions apply:
(1) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall personally furnish only antibiotics, antifungals, scabicides, contraceptives, prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia.
(2) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall not furnish the drugs and devices in locations other than a health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code, a federally funded comprehensive primary care clinic, or a nonprofit health care clinic or program.
(3) The clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner shall comply with all safety standards for personally furnishing supplies of drugs and devices, as established in rules adopted under section 4723.50 of the Revised Code.
Sec. 4723.482.  (A) Except as provided in divisions (C) and (D) of this section, an applicant shall include with the application submitted under section 4723.48 of the Revised Code all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence of holding a current, valid certificate of authority issued under this chapter to practice as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(2) Except for a person who on May 17, 2000, was approved to prescribe drugs and therapeutic devices under section 4723.56 of the Revised Code, as that section existed on that date, evidence Evidence of successfully completing the instruction course of study in advanced pharmacology and related topics in accordance with the requirements specified in division (B) of this section;
(3) The fee required by section 4723.08 of the Revised Code for a certificate to prescribe;
(4) Any additional information the board of nursing requires pursuant to rules adopted under section 4723.50 of the Revised Code.
(B) All With respect to the course of study in advanced pharmacology and related topics that must be successfully completed to obtain a certificate to prescribe, all of the following requirements apply to the instruction required under division (A)(2) of this section:
(1) The instruction must course of study shall be obtained completed not longer than three years before the application for the certificate to prescribe is filed.
(2) The instruction must be obtained through a course of study consisting shall consist of planned classroom and clinical study that is instruction for a total of not less than forty-five contact hours.
(3) The course of study shall meet the requirements to be approved by the board of nursing in accordance with standards established in rules adopted under section 4723.50 of the Revised Code.
(3)(4) The content of the instruction must course of study shall be specific to the applicant's nursing specialty and.
(5) The instruction provided in the course of study shall include all of the following:
(a) A minimum of thirty thirty-six contact hours of training instruction in advanced pharmacology that includes pharmacokinetic principles and clinical application and the use of drugs and therapeutic devices in the prevention of illness and maintenance of health;
(b) Training Instruction in the fiscal and ethical implications of prescribing drugs and therapeutic devices;
(c) Training Instruction in the state and federal laws that apply to the authority to prescribe;
(d) Instruction that is specific to schedule II controlled substances, including instruction in all of the following:
(i) Indications for the use of schedule II controlled substances in drug therapies, including pain management therapies;
(ii) The most recent guidelines for pain management therapies, as established by state and national organizations such as the Ohio pain initiative and the American pain society;
(iii) Fiscal and ethical implications of prescribing schedule II controlled substances;
(iv) State and federal laws that apply to the authority to prescribe schedule II controlled substances;
(v) Prevention of abuse and diversion of schedule II controlled substances, including identification of the risk of abuse and diversion, recognition of abuse and diversion, types of assistance available for prevention of abuse and diversion, and methods of establishing safeguards against abuse and diversion.
(e) Any additional training instruction required pursuant to rules adopted under section 4723.50 of the Revised Code.
(C) An applicant who practiced or is practicing as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner in another jurisdiction or as an employee of the United States government, and is not seeking authority to prescribe drugs and therapeutic devices by meeting the requirements of division (A) or (D) of this section, shall include with the application submitted under section 4723.48 of the Revised Code all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence of holding a current, valid certificate of authority issued under this chapter to practice as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(2) The fee required by section 4723.08 of the Revised Code for a certificate to prescribe;
(3) Either of the following:
(a) Evidence of having held, for a continuous period of at least one year during the three years immediately preceding the date of application, valid authority issued by another jurisdiction to prescribe therapeutic devices and drugs, including at least some controlled substances;
(b) Evidence of having been employed by the United States government and authorized, for a continuous period of at least one year during the three years immediately preceding the date of application, to prescribe therapeutic devices and drugs, including at least some controlled substances, in conjunction with that employment.
(4) If the applicant includes the evidence described in division (C)(3)(a) of this section, documentation from a licensed physician in a form acceptable to the board that the prescribing component of the nurse's practice was overseen or supervised by a licensed physician in the other jurisdiction;
(5) If the applicant includes the evidence described in division (C)(3)(b) of this section, documentation from a licensed physician employed by the United States government in a form acceptable to the board that the prescribing component of the nurse's practice was overseen or supervised by a licensed physician employed by the United States government;
(6) Evidence of having completed a two-hour course of instruction approved by the board in the laws of this state that govern drugs and prescriptive authority;
(7) Any additional information the board requires pursuant to rules adopted under section 4723.50 of the Revised Code.
(D) An applicant who practiced or is practicing as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner in another jurisdiction or as an employee of the United States government, and is not seeking authority to prescribe drugs and therapeutic devices by meeting the requirements of division (A) or (C) of this section, shall include with the application submitted under section 4723.48 of the Revised Code all of the following:
(1) Subject to section 4723.483 of the Revised Code, evidence of holding a current, valid certificate of authority issued under this chapter to practice as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(2) The fee required by section 4723.08 of the Revised Code for a certificate to prescribe;
(3) Either of the following:
(a) Evidence of having held, for a continuous period of at least one year during the three years immediately preceding the date of application, valid authority issued by another jurisdiction to prescribe therapeutic devices and drugs, excluding controlled substances;
(b) Evidence of having been employed by the United States government and authorized, for a continuous period of at least one year during the three years immediately preceding the date of application, to prescribe therapeutic devices and drugs, excluding controlled substances, in conjunction with that employment.
(4) If the applicant includes the evidence described in division (D)(3)(a) of this section, documentation from a licensed physician in a form acceptable to the board that the prescribing component of the nurse's practice was overseen or supervised by a licensed physician in the other jurisdiction;
(5) If the applicant includes the evidence described in division (D)(3)(b) of this section, documentation from a licensed physician employed by the United States government in a form acceptable to the board that the prescribing component of the nurse's practice was overseen or supervised by a licensed physician employed by the United States government;
(6) Any additional information the board requires pursuant to rules adopted under section 4723.50 of the Revised Code.
Sec. 4723.492.  The committee on prescriptive governance shall develop recommendations regarding the authority to prescribe drugs and therapeutic devices pursuant to a certificate to prescribe issued under section 4723.48 of the Revised Code. Not later than fourteen months after the effective date of this section, the The recommendations shall include provisions that apply specifically to the authority to prescribe schedule II controlled substances.
The committee shall submit recommendations to the board of nursing as necessary for the board to fulfill its duty to adopt rules under section 4723.50 of the Revised Code. At the board's request, the committee shall reconsider a recommendation it has submitted and resubmit the recommendation to the board accordingly.
Sec. 4723.50.  (A) 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 clinical nurse specialists, certified nurse-midwives, and certified nurse practitioners to prescribe drugs and therapeutic devices and the issuance and renewal of certificates to prescribe. Initial rules shall be adopted not later than twenty months after May 17, 2000.
The board shall adopt rules that are consistent with the recommendations the board receives from the committee on prescriptive governance pursuant to section 4723.492 of the Revised Code. After reviewing a recommendation submitted by the committee, the board may either adopt the recommendation as a rule or ask the committee to reconsider and resubmit the recommendation. The board shall not adopt any rule that does not conform to a recommendation made by the committee.
(B) The board shall adopt rules under this section that do all of the following:
(1) Establish a formulary listing the types of drugs and therapeutic devices that may be prescribed by a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. The formulary may include controlled substances, as defined in section 3719.01 of the Revised Code. The formulary shall not permit the prescribing of any drug or device to perform or induce an abortion.
(2) Establish safety standards to be followed by a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner when personally furnishing to patients complete or partial supplies of antibiotics, antifungals, scabicides, contraceptives, prenatal vitamins, antihypertensives, drugs and devices used in the treatment of diabetes, drugs and devices used in the treatment of asthma, and drugs used in the treatment of dyslipidemia.;
(3) Establish criteria for the components of the standard care arrangements described in section 4723.431 of the Revised Code that apply to a nurse's 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 committee on prescriptive governance.
(4) Establish standards and procedures for issuance and renewal of a certificate to prescribe, including specification of any additional information the board may require under division (A)(4), (C)(7), or (D)(6) of section 4723.482 or division (B)(3) of section 4723.485 of the Revised Code;
(5) Establish requirements standards for board approval of the instruction course of study in advanced pharmacology and related topics required by section 4723.482 of the Revised Code;
(6) Establish requirements for board approval of the two-hour course of instruction in the laws of this state as required under division (C)(6) of section 4723.482 of the Revised Code and division (B)(2) of section 4723.484 of the Revised Code;
(7) Establish standards and procedures for the appropriate conduct of an externship as described in section 4723.484 of the Revised Code, including the following:
(a) Standards and procedures to be used in evaluating a nurse's an individual's participation in an externship;
(b) Standards and procedures for the supervision that a physician must provide during an externship, including supervision provided by working with the nurse participant and supervision provided by making timely reviews of the records of patients treated by the nurse participant. The manner in which supervision must be provided may vary according to the location where the nurse participant is practicing and with the nurse's participant's level of experience.
Section 2. That existing sections 3719.06, 4723.481, 4723.482, 4723.492, and 4723.50 of the Revised Code are hereby repealed.
Section 3. (A) Notwithstanding the provisions of section 4723.486 of the Revised Code specifying the requirements for renewal of a certificate to prescribe, or the provisions of division (B) of section 4723.485 of the Revised Code specifying the conditions of eligibility for a certificate to prescribe issued after practicing under an externship certificate, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner holding a certificate to prescribe that was issued prior to the effective date of this act shall successfully complete, as a condition of renewing the certificate or receiving a new certificate, a minimum of six contact hours of instruction regarding schedule II controlled substances as described in section 4723.482 of the Revised Code, as amended by this act. In the case of a certificate that is being renewed, the certificate holder shall complete the instruction in addition to all other continuing nursing education that must be completed by the certificate holder not later than August 31, 2013.
(B) Notwithstanding the amendments made by this act to sections 3719.06 and 4723.481 of the Revised Code, until the applicable requirements of division (A) of this section have been complied with, a certificate holder shall not prescribe a schedule II controlled substance to a patient unless all of the following conditions are met:
(1) The patient is in a terminal condition, as defined in section 2133.01 of the Revised Code.
(2) The certificate holder's collaborating physician initially prescribed the substance for the patient.
(3) The amount prescribed does not exceed the amount necessary for the patient's use in a single, twenty-four-hour period.
Section 4. Not later than 90 days after the effective date of this section, the Committee on Prescriptive Governance shall develop recommendations under section 4723.492 of the Revised Code regarding the authority to prescribe schedule II controlled substances pursuant to a certificate to prescribe. The Committee shall submit the recommendations to the Board of Nursing in accordance with the procedures specified in section 4723.492 of the Revised Code.
Section 5. The Board of Nursing shall adopt rules under section 4723.50 of the Revised Code as necessary to implement the provisions of this act pertaining to the authority to prescribe schedule II controlled substances pursuant to a certificate to prescribe. The rules shall conform to the recommendations submitted by the Committee on Prescriptive Governance.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites