4723-9-08. [Effective 2/1/2021] Safety standards for personally furnishing drugs and therapeutic devices  


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  • (A) An advanced practice registered nurse with a current valid license issued by the board and designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish to a patient a drug or therapeutic device, whether as a sample drug or a complete or partial supply, only if the following requirements are met:

    (1) The drug or therapeutic device is not excluded by the formulary set forth in rule 4723-9-10 of the Administrative Code, ;

    (2) If the drug furnished is a controlled substance, the requirements of section 4729.291 of the Revised Code are met, including limiting the amount of the controlled substance to a seventy-two hour supply, and, in any thirty-day period, not personally furnishing to or for patients, taken as a whole, an amount that exceeds two thousand five hundred dosage units;

    (3) If the drug furnished is a dangerous drug, other than a sample drug, the nurse affixes labeling to the container as specified in rule 4729:5-19-02 of the Administrative Code;

    (4) The nurse complies with rule 4723-9-12 of the Administrative Code regarding standards and procedures for review of OARRS reports;

    (5) The nurse maintains a written record of all drugs and therapeutic devices personally furnished by the nurse as required by rule 4729:5-19-04 of the Administrative Code; and

    (6) The nurse maintains current knowledge of and complies with all applicable state and federal laws or rules related to personally furnishing drugs and therapeutic devices.

    (B) An advanced practice registered nurse with a current valid license issued by the board and designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish to a patient a sample drug only if, in addition to the requirements set forth in paragraph (A) of this rule, the following requirements are met:

    (1) The sample drug is furnished in compliance with section 3719.81 of the Revised Code, including but not but limited to the requirement that the sample be provided free of charge; and

    (2) If the sample is a dangerous drug, the requirements of rule 4729:5-19-02 of the Administrative Code are met.

    (C) Notwithstanding the requirements of this rule, an advanced practice registered nurse with a current valid license issued by the board and designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish a supply of naloxone according to section 4723.488 of the Revised Code.

    (D) Notwithstanding the requirements of this rule, an advanced practice registered nurse with a current valid license issued by the board and designated as a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner may personally furnish a complete or partial supply of a drug to treat chlamydia, gonorrhea, or trichomoniasis as specified in section 4723.4810 of the Revised Code.


Effective: 2/1/2021
Five Year Review (FYR) Dates: 10/15/2020 and 10/15/2025
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.481
Prior Effective Dates: 02/01/2002, 02/01/2006, 02/01/2011, 02/01/2012, 02/01/2016, 01/01/2018