72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2227
 
                         Senate Bill 723
 
Sponsored by Senator MORRISETTE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits certain organizations from requiring dividing or
splitting prescription medications in certain circumstances.
Authorizes State Board of Pharmacy to impose civil penalty of up
to $10,000 for violation of Act.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to prescription medications; amending ORS 689.832; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A health insurer, health maintenance
organization, health benefit plan, pharmacy benefits manager,
third party administrator or the Department of Human Services may
not:
  (a) Require a pharmacist or an individual receiving health
benefits to split, break or otherwise divide a prescription
medication in pill, tablet or similar form as a condition for
payment or coverage of services; or
  (b) Use prior authorizations, differences in copayments or
forms of interference with the dispensing of medications in order
to coerce a pharmacist or an individual receiving health benefits
to split, break or otherwise divide a prescription medication in
tablet, pill or similar form.
  (2) Nothing in this section prohibits:
  (a) A licensed health care facility or clinic that contains a
pharmacy from implementing protocols for splitting, breaking or
otherwise dividing a prescription medication in tablet, pill or
similar form; or
  (b) A pharmacist from splitting, breaking or otherwise dividing
a prescription medication in tablet, pill or similar form when to
do so is within the accepted standards of the practice of
pharmacy. + }
  SECTION 2.  { + Section 1 of this 2003 Act is added to and made
a part of ORS chapter 689. + }
  SECTION 3. ORS 689.832 is amended to read:
  689.832. (1) In addition to any other liability or penalty
provided by law, the State Board of Pharmacy may impose a civil
penalty   { - of - }  not to exceed $1,000 for each violation on
any person who violates the provisions of this chapter or ORS
chapter 475 or any rule of the board.
 
   { +  (2) Notwithstanding subsection (1) of this section, the
board may impose a civil penalty of up to $10,000 for each
violation of section 1 of this 2003 Act. + }
    { - (2) - }   { + (3) + } All penalties recovered under this
section shall be paid into the State Treasury and credited to the
Board of Pharmacy Account in the Public Health Account.
    { - (3) - }   { + (4) + } Any civil penalty under this
section shall be imposed in the manner provided in ORS 183.090.
    { - (4) - }   { + (5) + } Notwithstanding ORS 183.090, the
person to whom the notice is addressed shall have 10 days from
the date of service of the notice in which to make written
application for a hearing before the board.
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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