Chapter 4 Oregon Laws 2008 Special Session
AN ACT
SB 1062
Relating to health; amending ORS 678.370, 678.375, 678.390 and 689.765;
repealing ORS 678.385; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 678.370 is amended to read:
678.370. (1) The Oregon
State Board of Nursing shall issue a certification to act as a clinical nurse
specialist to any nurse who meets the requirements established by the board
pursuant to ORS 678.372.
(2) A person may not act
as a clinical nurse specialist, use the name, title, designation, initial or
abbreviation of clinical nurse specialist or otherwise hold oneself out as a
clinical nurse specialist unless the person is certified as a clinical nurse
specialist pursuant to subsection (1) of this section.
(3) A certified clinical
nurse specialist is authorized to prescribe drugs for the use of and
administration to other persons if approval has been given under ORS 678.390.
The authority to prescribe and dispense prescription drugs shall be included
within the scope of practice of certified clinical nurse specialists as defined
by rules of the board [subject to ORS
678.385].
SECTION 2.
ORS 678.375 is amended to read:
678.375. (1) The Oregon
State Board of Nursing is authorized to issue certificates of special
competency to licensed registered nurses to practice as nurse practitioners if
they meet the requirements of the board pursuant to ORS 678.380.
(2) No person shall
practice as a nurse practitioner or hold oneself out to the public or to an
employer, or use the initials, name, title, designation or abbreviation as a
nurse practitioner until and unless such person is certified by the board.
(3) A registered nurse,
certified as a nurse practitioner, is authorized to complete and sign death
certificates. Death certificates signed by a certified nurse practitioner shall
be accepted as fulfilling all the requirements of the laws dealing with death
certificates. A certified nurse practitioner who signs a death certificate must
comply with all provisions of ORS 432.307.
(4) A registered nurse,
certified as a nurse practitioner, is authorized to prescribe drugs for the use
of and administration to other persons if approval has been given under ORS
678.390. The drugs which the nurse practitioner is authorized to prescribe
shall be included within the certified nurse practitioner’s scope of practice
as defined by rules of the board [subject
to ORS 678.385].
(5) [The dispensing of certain limited
medications] A licensed pharmacist may fill and a licensed pharmacist or
an employee of the licensed pharmacist may dispense medications prescribed
by a nurse practitioner in accordance with the [formulary established under ORS 678.385 and dispensed by a licensed
pharmacist or an employee thereof may be filled by a pharmacist according to
the] terms of the prescription. The filling of such a prescription [shall] does not constitute
evidence of negligence on the part of the pharmacist if the prescription was
dispensed within the reasonable and prudent practice of pharmacy.
(6) As used in this
section:
(a) “Drug” means:
[medicines and preparations for internal
or external use of human beings which are recognized in the formulary adopted
pursuant to ORS 678.385]
(A) Articles
recognized as drugs in the official United States Pharmacopoeia, official
National Formulary, official Homeopathic Pharmacopoeia, other drug compendium
or any supplement to any of them;
(B) Articles intended
for use in the diagnosis, cure, mitigation, treatment or prevention of disease
in human beings;
(C) Articles other than
food that are intended to affect the structure or any function of the body of
human beings; and
(D) Articles intended
for use as a component of any articles specified in subparagraph (A), (B) or
(C) of this paragraph.
(b) “Prescribe” means to
direct, order or designate the preparation, use of or manner of using by spoken
or written words or other means.
SECTION 3.
ORS 678.390 is amended to read:
678.390. (1) The Oregon
State Board of Nursing may grant to a certified nurse practitioner or certified
clinical nurse specialist the privilege of writing prescriptions [described in the formulary under ORS 678.385],
including prescriptions for controlled substances listed in schedules II, III,
III N, IV and V.
(2) A certified nurse
practitioner or certified clinical nurse specialist may submit an application
to the Oregon State Board of Nursing to dispense prescription drugs. The Oregon
State Board of Nursing shall provide immediate notice to the State Board of
Pharmacy upon receipt and upon approval of an application from a certified
nurse practitioner or certified clinical nurse specialist for authority to
dispense prescription drugs to the patients of the applicant.
(3) An application for
the authority to dispense prescription drugs as authorized under subsection (1)
of this section must include:
(a) Evidence of
completion of a prescription drug dispensing training program jointly developed
and adopted by rule by the Oregon State Board of Nursing and the State Board of
Pharmacy.
(b) Except when a
certified nurse practitioner is seeking authority to dispense prescription
drugs at a qualified institution of higher education as defined in ORS 399.245,
demonstration of a lack of readily available access to pharmacy services in the
practice area of the applicant and that the lack of access would be corrected
by granting authority to dispense prescription drugs by the applicant. Lack of
readily available access to pharmacy services for patients may be established
by evidence:
(A) That the patients of
the applicant are located:
(i) Outside the
boundaries of a metropolitan statistical area;
(ii) Thirty or more
highway miles from the closest hospital within the major population center in a
metropolitan statistical area; or
(iii) In a county with a
population of less than 75,000; or
(B) Of financial barrier
to access, including but not limited to receiving services from a health care
safety net clinic or eligibility for participation in a patient assistance program
of a pharmaceutical company.
(c) Any other
information required by the Oregon State Board of Nursing.
(4) The Oregon State
Board of Nursing shall adopt rules requiring:
(a) Drugs dispensed by
certified nurse practitioners and certified clinical nurse specialists to be [in the formulary established under ORS
678.385 and be] either prepackaged by a manufacturer registered with the
State Board of Pharmacy or repackaged by a pharmacist licensed by the State
Board of Pharmacy under ORS chapter 689;
(b) Labeling
requirements for drugs dispensed by certified nurse practitioners and certified
clinical nurse specialists that are the same as labeling requirements required
of pharmacies licensed under ORS chapter 689;
(c) Record keeping
requirements for prescriptions and drug dispensing by a certified nurse
practitioner and a certified clinical nurse specialist that are the same as the
record keeping requirements required of pharmacies licensed under ORS chapter
689;
(d) A dispensing
certified nurse practitioner and a dispensing certified clinical nurse
specialist to have available at the dispensing site a hard copy or electronic
version of prescription drug reference works commonly used by professionals
authorized to dispense prescription medications; and
(e) A dispensing
certified nurse practitioner and a dispensing certified clinical nurse
specialist to allow representatives of the State Board of Pharmacy, upon
receipt of a complaint, to inspect a dispensing site after prior notice to the
Oregon State Board of Nursing.
(5) The Oregon State
Board of Nursing has sole disciplinary authority regarding certified nurse
practitioners and certified clinical nurse specialists who have drug dispensing
authority.
(6) The privilege of
writing prescriptions and dispensing drugs may be denied, suspended or revoked
by the Oregon State Board of Nursing upon proof that the privilege has been
abused. The procedure shall be a contested case under ORS chapter 183.
Disciplinary action under this subsection is grounds for discipline of the
certified nurse practitioner or certified clinical nurse specialist in the same
manner as a licensee may be disciplined under ORS 678.111.
SECTION 4.
ORS 689.765 is amended to read:
689.765. (1) No drugs
shall be dispensed to the public by means of automatic vending machines.
(2) As used in this
section, “automatic vending machine” means any mechanical device or contrivance
whereby the purchaser is able to secure drugs.
(3) No person shall
adulterate for the purpose of sale any drug in such manner as to render it
injurious to health, or knowingly sell or offer for sale any adulterated drug.
(4) No person shall
manufacture, compound or sell or offer for sale or cause to be manufactured,
compounded, sold or offered for sale any drug, compound or preparation for
internal or external use under or by a name recognized in the United States
Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs
from the standard of strength and purity specified therein as official at the
time of manufacture, compounding, sale or offering for sale.
(5) No person shall
manufacture, compound, sell or offer for sale, or cause to be manufactured,
sold or offered for sale, any drug, the strength and purity of which falls
below the professed standard of strength and purity under which it is sold.
(6) No person shall
sell, give away, barter, dispense, distribute, buy, receive or possess any
prescription drug except as authorized by law.
(7) No manufacturer or
wholesaler shall sell or otherwise distribute, or offer to sell or otherwise
distribute, any drug or device except to a person legally authorized to resell,
dispense or otherwise redistribute such drug or device. The board may grant an
exemption from the requirement of this subsection in the form of a special
permit if the board finds that an exemption is in the best interest of the
public health and safety.
(8) Any practitioner who
receives any complimentary samples of any controlled substance, as defined in
ORS 475.005, shall keep the samples in a securely locked, substantially
constructed cabinet and shall maintain a record of receipts and withdrawals
from each inventory of samples. The record requirements shall be specified by
rule of the licensing board that has jurisdiction over the practitioner’s
license. The licensing board may inspect the records and the inventory of
samples.
(9)(a) No person may
sell, purchase or trade or offer to sell, purchase or trade any drug sample.
(b) As used in paragraph
(a) of this subsection, “drug sample” means a unit of a drug, subject to this
chapter, that is not intended to be sold and is intended to promote the sale of
the drug, and includes a coupon or other form which may be redeemed for a drug.
(10) For purposes of
this section and ORS 678.375, distribution of prepackaged complimentary samples
of medications by a nurse practitioner or clinical nurse specialist with
prescription writing authority shall not constitute dispensing when the sample
medication is within the [established
formulary for] prescriptive authority granted to that nurse
practitioner or clinical nurse specialist.
SECTION 5. ORS
678.385 is repealed.
SECTION 6. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 3, 2008
Filed in the office of Secretary of State March 4, 2008
Effective date March 3, 2008
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