News Releases

Ohio Law Will Soon Require E-Prescribing for Schedule II Drugs

Effective Sept. 23, a new law in the state of Ohio will require prescribers to issue electronic prescriptions for Schedule II controlled substances, with written and oral prescriptions allowed only under certain circumstances.

Under current law, pharmacists are authorized to dispense Schedule II controlled substances upon either a written or electronic prescription, and with an oral prescription in emergency situations. Ohio H.B. 193, which passed both chambers of the Ohio General Assembly with overwhelming support, maintains the ability to dispense upon oral prescriptions under certain circumstances specified in federal law. The legislation also allows written prescriptions under specific circumstances, including:

• In the event of a temporary technical, electrical or broadband failure.
• Prescriptions for nursing home or hospice care patients.
• When a prescriber is employed by or under contract with the same entity that operates the pharmacy.
• When an electronic prescription can’t be issued in a timely manner, risking the patient’s condition.
• When the prescription is issued from a healthcare facility, including an emergency department, and an electronic prescription would be impractical or cause a delay that may adversely impact the patient.
• When a prescriber issues no more than 50 prescriptions per year for a Schedule II controlled substance.

The legislation also includes a temporary exception – for 12 months following the bill’s effective date – wherein a prescriber may issue a written prescription if the drug is to be dispensed by a pharmacist employed by or under contract with any state agency.

The law also includes a “safe harbor” provision that does not require a pharmacist to verify any exceptions prior to dispensing a Schedule II controlled substance that is not prescribed electronically.

The state bill goes into effect just over three months before a federal requirement beginning Jan. 1, 2023, that all Medicare Part D plans use e-prescribing for Schedule II-V controlled substances.

The Ohio Board of Pharmacy has developed a set of frequently asked questions providing additional guidance regarding the new law.