FEBRUARY 2001 STATE BOARD NEWS

(STATE SECTION ONLY)

NEITHER THE PATIENT NOR THE PBM CAN OVER-RIDE “D.A.W.”

We have had numerous telephone calls from pharmacists and patients regarding the dispensing of generically equivalent drugs when the prescriber has indicated “Dispense as Written” or “D.A.W.” on the prescription. Please remember that Ohio’s generic substitution law (Ohio Revised Code Section 4729.38) states in paragraph (A)(1): “The pharmacist shall not select a generically equivalent drug if the prescriber handwrites “dispense as written” or “D.A.W.,” on the written prescription, or, when ordering a prescription electronically or orally, the prescriber specifies that the prescribed drug is medically necessary.”

This means that the prescriber has the absolute right to mandate that the patient receive the brand of the drug prescribed. This may not be changed by anyone but the prescriber. If the patient’s insurance will not pay for the brand prescribed and the patient does not wish to pay, the pharmacist must discuss this with the prescriber and attempt to get the prescriber’s permission to substitute. Neither the patient nor the PBM can instruct the pharmacist to substitute a generically equivalent drug when the prescriber has indicated “D.A.W.”.

CONTINUING PHARMACY EDUCATION NOTE

The Board’s annual Jurisprudence Quiz is included as part of this newsletter. The questions in the quiz relate to the topics covered in this newsletter as well as the May, August, and November, 2000 issues. If you need them, copies of the previous newsletters can be found on the NABP website at www.nabp.net.

This quiz may be used as part of your requirement for Board-approved Jurisprudence. Please be aware, however, that any other continuing education program included with these newsletters as an insert is NOT Board-approved and, therefore, may NOT be used towards your Jurisprudence C.P.E. requirement. Also, please note that the answer sheets to the Board’s quiz must be postmarked before May 1, 2001 in order to be valid. After that date, the certificates will be mailed out with the correct answers.

REMINDER TO PHARMACISTS REQUIRED TO REPORT C. P.E. THIS SUMMER

If your pharmacist identification number begins with 03-1, you will be required to report C.P.E. this year. Please remember that you will be required to report 60 hours (6.0 CEUs) of C.P.E. this year. Of that 60 hours, 45 (4.5 CEUs) must be in patient care related topics (“01” or “02” at the end of the course number) and 3 hours (0.3 CEUs) must be in Board-approved jurisprudence (“03” at the end of the course number). The other 12 hours (1.2 CEUs) may be in any category (“01”, “02”, “03”, or “04”). Remember that all courses ending in “03” are not necessarily Board-approved and, therefore, may not meet the Jurisprudence requirements.

NEW RULES TAKE EFFECT

Effective January 1, 2001, the following amended rules took effect:

4729-5-30     Manner of issuance of prescription.

4729-5-31     Criteria for licensure by examination.

4729-5-35     Automated drug delivery systems.

4729-9-01     Definitions.

4729-9-07     Procedure for discontinuing business as

a wholesale or a terminal distributor of dangerous drugs.

4729-9-11     Security and control of dangerous drugs.

A complete copy of these rules, showing changes, can be found on the Board’s Website at www.state.oh.us/pharmacy/. Once at the Board’s Home page, click on the “What’s New” box and you will find the document containing the full text of the rules listed as “Rules Effective January 01, 2001 Showing Changes (12/18/00)”.

These rule changes are the result of the work of the Ad Hoc Committee on Rule Review. This is a committee of practicing pharmacists and other interested people appointed by the Board to help the Board meet its requirement to review at least 20% of its rules every year. The Board appreciates the members’ donation of their time to help in this important task. Serving as members of the Ad Hoc Committee on Rule Review this past year were: Robert Wagonblott, R.Ph.; Diane Gary, R.Ph.; Elizabeth Gregg, R.Ph.; Robert Parsons, R.Ph.; Kevin Hornbeck, D.O.; William McMillen, R.Ph.; Mark Keeley, R.Ph.; Tim Benedict, R.Ph.; and Board Member Robert Giacalone, R.Ph.

Probably the most significant change made this year is in Rule 4729-5-30 (Manner of issuance of prescription). The Board has relaxed its prohibition on interns receiving prescriptions over the telephone by adding the following paragraph to the rule:

(K) (2)   A licensed pharmacy intern may receive telephone authorization of an oral original prescription or a refill from a prescriber or the prescriber's agent pursuant to the following:

(a)   The pharmacist on duty who is supervising the activity of the intern is responsible for the accuracy of the prescription.

(b)   The pharmacist on duty who is supervising the activity of the intern will determine if the intern is competent to receive telephone prescriptions.

(c)   The supervising pharmacist must be immediately available to answer questions or discuss the prescription with the caller.

(d)   The intern shall immediately reduce the prescription to writing and shall review the prescription with the supervising pharmacist. Prior to dispensing, positive identification of the intern and the supervising pharmacist shall be made on the prescription to identify the responsibility for the receipt of the oral order.

Please note that the responsibility for the actions of the intern rests with the pharmacist who is on duty with the intern and who is supervising the intern’s work for that day. The decision to allow the intern to receive the telephone calls is a decision to be made ONLY by the pharmacist who will be physically present in the pharmacy with the intern on a particular day. It is not a decision to be made by the intern, the owner of the pharmacy, or the pharmacy supervisor. It is very possible that one pharmacist may allow the intern to receive these prescriptions and another pharmacist in the same pharmacy may not. Since the intern and the pharmacist are required to assume responsibility for the accuracy of the prescription in paragraph (d), the pharmacist must be sure that any questions are dealt with prior to filling the prescription, even if the prescriber must be called back for verification.

DISCIPLINARY ACTIONS

Anyone having a question regarding the license status of a particular practitioner, nurse, pharmacist, pharmacy intern, or dangerous drug distributor in Ohio should contact the appropriate licensing board. The Web sites listed below may include disciplinary actions for their respective licensees.

State Dental Board--614/466-2580, www.state.oh.us/den/

State Medical Board--614/466-3934, www.state.oh.us/med/

State Nursing Board--614/466-3947, www.state.oh.us/nur/

State Optometry Board--614/466-5115, www.state.oh.us/opt/

State Pharmacy Board--614/466-4143, www.state.oh.us/pharmacy/

State Veterinary Medical Board--614/644-5281, www.state.oh.us/ovmlb/

Drug Enforcement Administration--800/230-6844; www.deadiversion.usdoj.gov/

STATE PHARMACY BOARD:

The disciplinary actions listed below include only those where the individual’s license to practice has been suspended, revoked, or restricted, and does not include any other actions taken by the Board. All actions may be seen in the minutes, which are posted on the Internet at the Board's Home page (see address above) then click on Board Minutes.

ORDERS OF THE BOARD:

Garnet Valentine Anderson, R.Ph.; Zanesville - License issued effective 11/28/00 but may not serve as a preceptor or train pharmacy interns and may not serve as responsible pharmacist until 10/06/02.

Derek Edward Duckworth, R.Ph.; Toledo - License suspended 5 years effective 10/06/00 and may not be employed by or work in a facility licensed by the Board while suspended.

Michael Scott Gladeiux, R.Ph.; Perrysburg - License suspended indefinitely effective 10/06/00 and may not be employed by or work in a facility licensed by the Board while suspended.

Todd R. Jaros, R.Ph.; Westlake - Licensed reinstated effective 10/05/00 but may not serve as a preceptor or train pharmacy interns, serve as responsible pharmacist, or destroy or witness the destruction of controlled substances until 10/05/05.

Joseph R. Tabler, R.Ph.; Cincinnati - License revoked effective 10/06/00.

SUMMARY SUSPENSIONS: [Sec. 3719.121 of the Revised Code]

Brenda S. Bland, R.Ph.; Centerville. Effective 12/08/00.

Eric Wayne Hamon, R.Ph.; Sebring. Effective 11/07/00.

Thomas Allen Oswald, R.Ph.; Wadsworth. Effective 11/08/00.

Joseph M. Rukse, R.Ph.; Huntington, WV. Effective 12/26/00.

STATE MEDICAL BOARD:

A document of legal actions taken by the Medical Board may be accessed on the Internet at the Medical Board's Home page (see address above) then click on Monthly Formal Actions. If you would like a more detailed history of a legal action for an individual practitioner, go Back to the Medical Board's Home page, click on the Licensee Profile & Status tag, then follow the instructions. Please contact the Medical Board if you have questions.

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