72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 404
Sponsored by Senator FISHER; Representative NELSON (at the
request of Oregon State Pharmacists Association)
CHAPTER ................
AN ACT
Relating to prescription records; creating new provisions; and
amending ORS 137.473 and 689.765.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 689. + }
SECTION 2. { + The original record of every prescription
filled by a pharmacy must be kept on file at the pharmacy. The
prescription record must contain the date of the transaction and
the brand name, or if the drug has no brand name, the generic
name and the name of the manufacturer of any drug substituted
pursuant to ORS 689.515. If the prescription may be communicated
to the pharmacy by oral or electronic means, the prescription
information may be recorded and stored in an electronic form that
allows for ready retrieval. Prescriptions maintained in the file
required under this section must be readily accessible to the
State Board of Pharmacy for inspection. + }
SECTION 3. 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) The owner or manager of each pharmacy shall keep on
file the original prescription on which shall be noted the brand
name, or if the drug has no brand name, the generic name and the
name of the manufacturer of any drug substituted pursuant to ORS
Enrolled Senate Bill 404 (SB 404-INTRO) Page 1
689.515, the retail cost of the drug at the time of the
transaction and the date of the transaction. The prescriptions
shall be filed in such a manner as will make them be readily
accessible to inspection by the State Board of Pharmacy or its
duly authorized agents. - }
{ - (7) - } { + (6) + } No person shall sell, give away,
barter, dispense, distribute, buy, receive or possess any
prescription drug except as authorized by law.
{ - (8) - } { + (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.
{ - (9) - } { + (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
{ - which - } { + that + } has jurisdiction over the
practitioner's license. The licensing board may inspect the
records and the inventory of samples.
{ - (10)(a) - } { + (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.
{ - (11) - } { + (10) + } For purposes of this section and
ORS 678.375, distribution of prepackaged complimentary samples of
medications by a nurse practitioner with prescription writing
authority shall not constitute dispensing when the sample
medication is within the established formulary for that
practitioner.
SECTION 4. ORS 137.473 is amended to read:
137.473. (1) The punishment of death shall be inflicted by the
intravenous administration of a lethal quantity of an
ultra-short-acting barbiturate in combination with a chemical
paralytic agent and potassium chloride or other equally effective
substances sufficient to cause death. The judgment shall be
executed by the superintendent of the Department of Corrections
institution in which the execution takes place, or by the
designee of that superintendent. All executions shall take place
within the enclosure of a Department of Corrections institution
designated by the Director of the Department of Corrections. The
superintendent of the institution shall be present at the
execution and shall invite the presence of one or more
physicians, the Attorney General, the sheriff of the county in
which the judgment was rendered and representatives from the
media. At the request of the defendant, the superintendent shall
allow no more than two members of the clergy designated by the
defendant to be present at the execution. At the discretion of
the superintendent, no more than five friends and relatives
designated by the defendant may be present at the execution. The
Enrolled Senate Bill 404 (SB 404-INTRO) Page 2
superintendent shall allow the presence of any peace officers as
the superintendent thinks expedient.
(2) The person who administers the lethal injection under
subsection (1) of this section shall not thereby be considered to
be engaged in the practice of medicine.
(3)(a) Any wholesale drug outlet, as defined in ORS 689.005,
registered with the State Board of Pharmacy under ORS 689.305 may
provide the lethal substance or substances described in
subsection (1) of this section upon written order of the Director
of the Department of Corrections, accompanied by a certified copy
of the judgment of the court imposing the punishment.
(b) For purposes of ORS 689.765 { - (8) - } { + (7) + } the
director shall be considered authorized to purchase the lethal
substance or substances described in subsection (1) of this
section.
(c) The lethal substance or substances described in subsection
(1) of this section are not controlled substances when purchased,
possessed or used for purposes of this section.
(4) The superintendent may require that persons who are present
at the execution under subsection (1) of this section view the
initial execution procedures, prior to the point of the
administration of the lethal injection, by means of a
simultaneous closed circuit television transmission under the
direction and control of the superintendent.
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Passed by Senate March 24, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 30, 2003
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Speaker of House
Enrolled Senate Bill 404 (SB 404-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 404 (SB 404-INTRO) Page 4