State Law Regarding Sales and Distribution of Dangerous Drugs to Change in September 2008

On June 12, 2008 Governor Strickland signed Sub. H.B. 283, which added changes to the Ohio Revised code addressing to whom a registered Wholesale Distributor of dangerous Drugs may sell or distribute dangerous drugs. Therefore, effective Sept. 12, 2008, state law will change regarding the sale and distribution of Dangerous Drugs by registered Wholesale Distributors of Dangerous Drugs in certain instances.

The new law will allow registered wholesale distributors of dangerous drugs to sell dangerous drugs to a business practice that is a corporation, limited liability company, or professional association if the business practice has a sole shareholder who is a licensed health care professional authorized to prescribe drugs (prescriber) and is authorized to provide the professional services being offered by the practice. 

This means that if the business practice has a single prescriber who is a sole shareholder, member or owner of the practice then this business practice is not required to be licensed as a Terminal Distributor of Dangerous Drugs with the Ohio Board of Pharmacy. Previously, this exemption was only for a prescriber who practiced as a Sole Proprietor.

If the practice is a group practice and there are multiple owners, shareholders, or members then the business practice (corporation, professional association, LLC, or partnership) must continue to be licensed as a TDDD with the Board of Pharmacy. A separate license is required for each separate location where dangerous drugs are received, stored, used, or distributed. The other change in the law pertains to dentists. 

To obtain a copy of the memo explaining the new law and the forms required, as well as providing information on DEA status questions go to http://pharmacy.ohio.gov/Licensing_Issues_for_Prescribers_07252008.pdf