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State of Ohio Board of Pharmacy Extends Deadline for Office-Based Opioid Treatment Providers to Obtain Terminal Distributor License

We previously reported that on January 4, 2017, SB 319 was signed by Ohio Governor John Kasich. A provision of this law requires any location where a prescriber is treating more than 30 individuals for opioid dependence or heroin addiction using a controlled substance to obtain a license as a terminal distributor of dangerous drugs (TDDD) with an office-based opioid treatment (OBOT) classification from the State of Ohio Board of Pharmacy unless an exemption applies to the location. The Board announced October 10, 2017 that the requirement to obtain a TDDD-OBOT license has been extended and will take effect November 30, 2017 to allow the Board additional time to review and process license applications without disrupting access to care.

The application is available at www.pharmacy.ohio.gov/OBOTapplication. On or after November 30, 2017, any facility treating more than 30 individuals with controlled substances for opioid dependence or addiction without being properly licensed as a TDDD will be in violation of Ohio law, unless exempted. Penalties for failure to obtain proper licensure include fines of up to $5,000.

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About this Author

Eric J. Plinke, Dinsmore Law, Health Care Lawyer, Corporate Attorney

Eric Plinke is a Partner in the Corporate Department and Health Law Practice Group, and he routinely advises corporate and individual clients regarding a wide-range of health care industry legal issues. He has counseled clients in practice formation and acquisition, hospital and joint venture transactions, hospital and medical practice affiliations, contract review and preparation, compliance programs, HIPAA regulations, scope of practice issues, telemedicine and Stark law and Anti-kickback statutes, as well as significant experience counseling in ambulatory surgery centers and other joint...

Daniel S. Zinsmaster, Dinsmore, Health Care Lawyer,

With extensive experience in the health care arena, Daniel provides trusted counsel to clients on a variety of matters, including administrative and disciplinary proceedings, as well as regulatory investigations and compliance. Prior to joining Dinsmore, Daniel practiced for nearly seven years with the State Medical Board of Ohio, where he advised Board members and agency personnel on issues related to the Medical Practices Act of Ohio, Chapter 119 Administrative Procedures, and federal rules and regulations implicating the area of health care. His experience with the Board enables him to bring a unique and insightful perspective to handling a variety of health care matters, and his thorough understanding of the state’s health care laws and policies helps him to serve as a valuable resource to clients, including health care associations, medical practices, and individual practitioners. 

(614) 628-6949
Sarah C. Persinger PharmD RPh, managed care lawyer & pharmacy benefits management attorney at Dinsmore Law Firm

Sarah is a member of our Health Care Practice Group. She holds a Doctor of Pharmacy degree and is a registered pharmacist with extensive pharmacy practice experience and a working knowledge of regulatory affairs. She has managed health system pharmacy compliance with Ohio State Board of Pharmacy, DEA, and CMS regulations, the federal 340B Drug Discount Program, USP 797 and FDA Sterile Compounding requirements, and Joint Commission and HFAP Accreditation standards. 

Sarah has a strong working knowledge of specialty pharmacy, managed care and...

(614) 628-6979