72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 403
Sponsored by Senator FISHER; Representative NELSON (at the
request of Oregon State Pharmacists Association)
CHAPTER ................
AN ACT
Relating to regulation of substances by State Board of Pharmacy;
amending ORS 475.188; and repealing ORS 689.535 and 689.545 and
sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 15, chapter 388,
Oregon Laws 1981.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.188 is amended to read:
475.188. (1) Prescription drug orders may be transmitted by
electronic means from a practitioner authorized to prescribe
drugs directly to the dispensing pharmacist.
(2) All prescription drug orders communicated by way of
electronic transmission shall:
(a) Be transmitted only by an authorized practitioner;
(b) Be transmitted directly to a pharmacist in a pharmacy of
the patient's choice with no intervening person having access to
the prescription drug order;
(c) Specify the prescribing practitioner's telephone number for
verbal confirmation, the time and date of transmission, the
identity of the pharmacy intended to receive the transmission and
all other information required for a prescription by federal or
state law; and
(d) Be traceable to the prescribing practitioner by an
electronic signature or other secure method of validation.
(3) An electronic transmission of a prescription drug order
shall be stored by electronic means or reduced promptly to
writing, filed by the pharmacy and retained in conformity with
the requirements of ORS 475.165.
(4) The dispensing pharmacist shall exercise professional
judgment regarding the accuracy, validity and authenticity of an
electronically transmitted prescription drug order.
(5) All equipment for transmission, storage or receipt of
electronically transmitted prescription drug orders shall be
maintained to protect against unauthorized access.
(6) A pharmacist, pharmacy or pharmacy department shall not
enter into an agreement with a practitioner or health care
facility concerning the provision of any electronic transmission
equipment or apparatus that would adversely affect a patient's
freedom to select the pharmacy or pharmacy department of the
patient's choice.
(7) A pharmacist, pharmacy or pharmacy department shall not
provide any electronic equipment or apparatus to a practitioner
or health care facility for the purpose of providing an incentive
Enrolled Senate Bill 403 (SB 403-INTRO) Page 1
to the practitioner or health care facility to refer patients to
a particular pharmacy or pharmacy department.
(8) There shall be no additional charge to the patient because
the prescription drug order was electronically transmitted.
(9) Nothing in this section shall be construed as authorizing
the electronic transmission of a prescription drug order when a
written prescription is required under ORS 127.815, 137.473,
169.750, 453.025 { - , - } { + or + } 475.185 (1) { - or
689.535 or section 7, chapter 388, Oregon Laws 1981 - } .
SECTION 2. { + ORS 689.535 and 689.545 and sections 3, 4, 5,
6, 7, 8, 9, 10, 11, 12 and 15, chapter 388, Oregon Laws 1981, are
repealed. + }
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Passed by Senate March 24, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 30, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 403 (SB 403-INTRO) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 403 (SB 403-INTRO) Page 3