Joint Regulatory Statement
The State Medical
Board of Ohio, the Ohio Board of Pharmacy and the Ohio Board of Nursing
jointly issue the following statement:
Regarding the Use of
Protocols to Initiate or Adjust Medications
February, 2003
This statement should not
be construed as new policy, but rather, as an attempt to clarify existing law.
Such clarification is intended for the benefit of practitioners and the public as a way to promote better
understanding of the laws governing the practice of medicine and nursing.
It has been brought to
our collective attention that protocols are being used often, and in a variety
of settings, as a means to have unauthorized individuals initiate or adjust
medications. Only an authorized prescriber (a physician, a certificate to
prescribe holder, or a pilot program APN) can initiate or adjust medications.
A list of approved nurse prescribers (CTP holders and pilot program APNs) is
available on the Board of Nursing website at:
www.state.oh.us/nur/AdvPractice.htm.
The Pharmacy Board rule
on protocols (4729-5-01(K) and (L)(1)(2) O.A.C., provided below)
permits reliance on protocols in only 3 situations:
1. Emergencies,
2. Administration of
biologicals for the purpose of preventing diseases, and
3. Administration of
vaccines for the purpose of preventing diseases.
For
purposes of enforcing Rule 4729-5-01(K) and (L)(1)(2) O.A.C.:
(K) "Standing order" will
mean the same as the term "protocol".
(L) "Protocol" is defined
as:
(1) A definitive set of
treatment guidelines that include definitive orders for drugs and their
specified dosages which have been authorized by a prescriber as defined in
rule 4729-5-15 of the Administrative Code and have been approved by the
state board of pharmacy to be used by certified or licensed health care
professionals when providing limited medical services to individuals in an
emergency situation when the services of a prescriber are not immediately
available; or
(2) A definitive set of
treatment guidelines that include definitive orders for drugs and their
specified dosages which have been authorized by a prescriber as defined in
rule 4729-5-15 of the Administrative Code and have been approved by the
state board of pharmacy to be used by certified or licensed health care
professionals when administering biologicals or vaccines to
individuals for the purpose of preventing diseases.
Protocols should not be
confused with preprinted orders, which are permitted in inpatient
settings by Rule 4729-5-01(J) O.A.C.:
(J) "Preprinted order" is
defined as a patient-specific, definitive set of drug treatment directives to
be administered to an individual patient who has been examined by a prescriber
and for whom the prescriber has determined that the drug therapy is
appropriate and safe when used pursuant to the conditions set forth in the
preprinted order. Preprinted orders may be used only for inpatients in an
institutional facility as defined in Chapter 4729-17 of the O.A.C.
Protocols submitted for
approval to the Pharmacy Board may be reviewed with the Medical Board or
Nursing Board, as appropriate, prior to any approval by the Pharmacy Board.
A
detailed list of frequently asked questions regarding the application of this
rule follows, for your convenience.
Frequently Asked
Questions Regarding Protocols
Q: When is it
appropriate to use protocols?
A: A
protocol may only be used in a true emergency, or for biologicals or vaccines
administered to individuals for the purpose of preventing diseases. For all
other situations, all orders must be patient-specific with well defined
parameters for administration, and authorized by the prescriber prior to
implementation. The parameters to be used include: (1) description of the
intended recipients, (2) drug name and strength, (3) specific instructions of
how to administer the drug, (4) dosage, (4) frequency, and (5) a signature of
the authorized prescriber. The administration of drugs that are not
patient-specific or authorized by the prescriber prior to implementation would
be the unauthorized practice of medicine, which is a felony in
this state.
Enforcing the appropriate
use of protocols as described above is not intended to address or limit the
practice of Certified Registered Nurse Anesthetists or Anesthesiologist
Assistants administering anesthesia in accordance with statute and rule. This
information is also not meant to disrupt the consultative agreement between
pharmacist, physician and patient.
Q. What is an
example of a "true emergency?"
A: For
purposes of this rule, examples of "true emergencies" would be cases such as
heart attacks, severe burns, cyanide poisonings, electrocutions, or severe
asthmatic attacks Examples of non-emergencies would be earaches,
stomachaches, or infections.
Q. What is an example
of a biological or vaccine administered to an individual for the purpose of
preventing disease?
A: For purposes of
this rule, examples of biologicals or vaccines administered to individuals for
the purpose of preventing diseases would be flu vaccines, tetanus toxoids,
hepatitis B vaccines, or PPD tuberculosis tests. Note that vaccines such as
typhoid oral vaccine that must be taken over a several day time period cannot
be dispensed by a nurse who is not authorized to prescribe. These drugs must be
dispensed by an authorized prescriber to his or her own patients or by a
pharmacist pursuant to a prescription.
Q: How should
protocols be written?
A: The protocol
from the authorized prescriber must:
·
Specifically define the intended
audience;
·
List the drug name and strength of
the product; and
·
For the purposes of emergency
protocols, give specific instructions on how to administer the drug, how much to
administer, and how often the drug should be administered; for purposes of
biologicals or vaccines, give specific instructions for the use of the drug.
In addition, the authorized
prescriber must sign the protocol. The authorized prescriber may have a more
detailed protocol or may word the protocol any way the authorized prescriber
wishes as long as it contains the required details noted above.
For example, a protocol to
be used an emergency situation might be:
"EPINEPHRINE 1:1000. When
a patient has a severe allergic reaction or goes into anaphylactic shock as a
result of an insect sting or a drug reaction, inject 0.3 ml SC. If necessary,
may repeat this dose every 10-15 minutes no more than two times until
appropriate medical care can be sought or until symptoms subside."
An example of a protocol to
be used for biologicals or vaccines might be:
"FLU VACCINE. All
patients, or patients at risk, will be offered the opportunity to receive this
year's flu vaccine. The patient will first read and sign an information sheet
which will be placed in the medical record. Once the document is understood and
signed, the patient will receive an injection 0.5ml IM of the flu vaccine. All
injections will be given in accordance with CDC guidelines."
Q: How does a non-prescriber
adjust or initiate medications in an inpatient setting?
A: Pharmacy Board Rule 4729-5-01 O.A.C. addresses the adjustment or
initiation of medications in inpatient settings through use of preprinted
orders. A preprinted order is defined as a patient-specific, definitive set of
drug treatment directives to be administered to an individual patient who has
been examined by a prescriber and for whom the prescriber has determined that
the drug therapy is appropriate and safe when used pursuant to the conditions
set forth in the order. Preprinted orders may be used only for inpatients.
Because the preprinted order is patient-specific and is prescribed by an
authorized prescriber who has examined the patient, these are not protocols
and are therefore appropriate for use in an inpatient facility.
Q: What is the
difference between "dispense" and "administer"?
A: The Pharmacy Board
defines "dispense" as "the final association of a drug with a particular patient
pursuant to the prescription, drug order, or other lawful order of a prescriber
and the professional judgment of and the responsibility for: interpreting,
preparing, compounding, labeling, and packaging a specific drug." (4729-5-01 (B)
O.A.C.) "Administer" is defined in the Revised Code as "the direct application
of a drug, whether by injection, inhalation, ingestion, or any other means to a
person or an animal." (3719.01(A) O.R.C.) To easily remember the difference
between the two in practice, you may use this simplified distinction:
"Administration" means "here's a dose, take it NOW." "Dispensing" means
"here's a dose, take it LATER." "Dispensing" is limited to pharmacists
and authorized prescribers. "Administration" may be performed by a nurse
pursuant to the order of an authorized prescriber.
Q. May an
authorized prescriber have certain drugs regularly available to give to a
particular patient, employee or student?
A: Yes, an authorized
prescriber may have stock drugs available for his or her use only, or to have
available to give a direct order to a health care professional for
administration to a particular patient, employee, or student, including
prescription drugs. This occurs often in an occupational health or school
setting. These drugs must be documented on a list. Prescription drugs
in this list may include such items as antibiotics, non-steroidal anti-inflamatories
(e.g. Naprosyn), and any other drug the authorized prescriber wishes to have
available. No prescription drug may be purchased or stored at a site unless it
is on this drug list. To store a drug at a site, an individual must be
licensed to do so by the state Pharmacy Board.
Q. How
should this list of drugs to be regularly stored on the premises be written?
A. A
qualifying statement must precede the list and the list must be signed and
notarized by an authorized prescriber.
An
example of documentation of a list of drugs to be regularly kept on the premises
might be:
"The drugs listed below
will be purchased and stored at this facility for my use only or for use when I
give a direct order to a health care professional to administer such drug to a
specific patient."
NDC number
Drug Name
Strength Dosage Form (on drug
container)
|
Amoxil |
500 mg |
capsule |
000029-6007 |
|
Atarax |
10 mg |
tablet |
000049-5600 |
|
Bacteriostatic Sodium Chloride |
|
solution |
0333-08 |
|
Heparin Lock Flush |
|
solution |
0008-523 |
|
Naprosyn |
500 mg |
tablet |
018930-0277 |
|
Neosporin Ophthalmic |
|
ointment |
000081-0732 |
|
Otobiotic Otic |
|
solution |
000085-0847 |
Q. Can the drugs on
a list of drugs to be regularly stored on the premises be administered using
protocols?
A. No, these drugs
may not be administered using protocols, unless their use falls within
one of the exceptions listed above. The administration must be patient-specific
and authorized by the prescriber prior to implementation. To administer a
listed drug using protocols would be the unauthorized practice of medicine,
which is a felony in this state.
approved 2/12/2003