Issue link: https://viewer.e-digitaledition.com/i/155478
From the State Medical Board of Ohio O HIO ADMINISTRATIVE CODE Rule 4731-11-09 generally requires a physician or other authorized prescriber to personally physically examine and diagnose a person prior to initially prescribing, dispensing, otherwise providing or causing to be provided any controlled substance or non-controlled substance. However, exceptions to this rule provide for situations where the personal physical examination and diagnosis standards are otherwise likely to have been met including: institutional settings, on-call situations, cross coverage situations, situations involving new patients, protocol situations, situations involving advanced practice nurses practicing in accordance with standard care arrangements and hospice settings. The rule promotes the importance of the physician-patient relationship and the need to conform to minimum standards of care, especially in cases where prescribing of dangerous drugs is deemed necessary. The rule was initially adopted in response to a growing trend of physicians issuing prescriptions for dangerous drugs to persons without the benefit of reliable diagnostic information. These physicians prescribed using abbreviated medical histories, usually obtained via the Internet or in a few cases with a phone call to the patient. The physicians failed to conduct physical examinations, and the way they practiced did not allow for positive identification of the patients. At the time of the rule's adoption, telemedicine consisted primarily of telephone consults between physicians and electronic transmission of radiographic images and reports. Today, the board recognizes that with advances in medical technology it may be possible for the "personal" and "physical" examination required by Rule 4731-11-09 to occur when the provider and patient are located in remote locations. I Brouse McDowell adds value to your health care business. The health care industry constantly faces new and complex challenges. Brouse McDowell's health care law practice group proactively counsels and advises a wide array of health care clients, including multi- and single-physician groups, hospitals, health systems, ancillary service providers, long term care facilities, medical device companies and durable medical equipment and supply companies. For more information, please contact: Daniel K. Glessner, Esq., Practice Chair 330.535.5711 x316 dglessner@brouse.com or Christopher M. Huryn, Esq. 330.535.5711 x389 churyn@brouse.com Collective Experience. Collaborative Culture. Creative Solutions. Akron ■ Cleveland ■ Avon ■ www.brouse.com SEPTEMBER- OCTOBER 2013 I MDNEWS.COM I MD NEWS Cleveland/Akron/Canton | 15