Chapter 278 Oregon Laws 2001

AN ACT

HB 2671

Relating to pharmacy technician ratio rules; amending ORS 689.225.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 689.225 is amended to read:

689.225. (1) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this chapter. Nothing in this section prevents physicians, dentists, veterinarians, osteopaths or other practitioners of the healing arts who are licensed under the laws of this state from dispensing and administering prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by law of this state.

(2) It shall be unlawful for any person, not legally licensed as a pharmacist, to take, use or exhibit the title of pharmacist or the title of druggist or apothecary, or any other title or description of like import.

(3) In the practice of pharmacy, a pharmacist is licensed to practice as defined in ORS 689.015, but is not authorized to possess personally or to store drugs other than in a licensed pharmacy except for those drugs legally prescribed for the personal use of the pharmacist. An employee, agent or owner of any registered manufacturer, wholesaler or pharmacy may lawfully possess legend drugs if the person is acting in the usual course of the business or employment of the person.

(4) The State Board of Pharmacy shall adopt rules relating to the use of pharmacy technicians working under the supervision, direction and control of a licensed pharmacist. For retail and institutional drug outlets, the board shall adopt rules which include requirements for training, including provisions for appropriate on-the-job training, guidelines for adequate supervision, standards and appropriate ratios for the use of pharmacy technicians. Improper use of pharmacy technicians shall be subject to the reporting requirements of ORS 689.455.

[(5) Rules adopted pursuant to subsection (4) of this section shall provide that, in a retail drug outlet, no more than two pharmacy technicians may work under the supervision, direction and control of a licensed pharmacist. If a retail drug outlet desires more than two pharmacy technicians to work under the supervision, direction and control of a licensed pharmacist, the outlet shall submit a pharmacy services plan to the board for approval. The pharmacy services plan submitted pursuant to this subsection shall demonstrate how the plan facilitates the provision of pharmaceutical care and shall include but not be limited to the following:]

[(a) Retail drug outlet design and equipment;]

[(b) Retail drug outlet information systems;]

[(c) Workflow at the retail drug outlet; and]

[(d) Quality assurance procedures implemented by the retail drug outlet.]

[(6)] (5) The mixing of intravenous admixtures by pharmacy technicians working under the supervision, direction and control of a licensed pharmacist is authorized and does not constitute the practice of pharmacy by the pharmacy technicians.

[(7)] (6) Any person who is found to have unlawfully engaged in the practice of pharmacy is guilty of a Class A misdemeanor.

Approved by the Governor May 31, 2001

Filed in the office of Secretary of State May 31, 2001

Effective date January 1, 2002

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