74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to A-Eng. SB 34
LC 1061/SB 34-A16
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 34
By COMMITTEE ON HEALTH CARE
June 6
On page 1 of the printed A-engrossed bill, line 4, after ' 5'
insert ', 9 and 10'.
In line 6, after '5' insert ', 9 and 10'.
In line 11, after '(1)' insert '(a)'.
After line 12, insert:
' (b) The board may contract with a state agency or with a
private entity to ensure the effective operation of the database
established under this section.'.
In line 23, after 'that' delete the rest of the line and line
24 and insert ':
' (A) Before a patient receives a medication authorized by a
prescription for a controlled substance, information about the
prescription will be entered in the database;
' (B) There has been a request to search the database for
information about the patient; and
' (C) The patient may review the information in the database
about the patient every six months at no cost.'.
On page 2, line 18, after '(4)' delete the rest of the line and
insert 'The information in the database is health care
information that is confidential and may be disclosed by the
State Board of Pharmacy only as authorized by the federal Health
Insurance Portability and Accountability Act privacy regulations,
45 C.F.R. parts 160 and 164, and ORS 192.518 to 192.526:'.
Delete lines 21 and 22 and insert 'a current patient for whom
the practitioner or pharmacist is prescribing or dispensing, or
is considering prescribing or dispensing, a controlled
substance;'.
After line 28, insert:
' (d) Upon request, to an individual who is the recipient of a
prescription for a controlled substance entered into the database
or to the individual's attorney within 10 days of the request;
or'.
In line 29, delete '(d)' and insert '(e)' and delete the comma
and insert 'or' and delete 'or patient' and delete the semicolon
and insert a period.
Delete lines 30 through 37 and insert:
' (5) The State Board of Pharmacy shall maintain records on the
information disclosed from the database, including but not
limited to:
' (a) The identification of each individual who requests or
receives information from the database and what organization, if
any, that individual represents;
' (b) The information released to each individual or
organization;
' (c) The date and time the information was requested and the
date and time the information was provided; and
' (d) Records of the details of all requests made for law
enforcement purposes.
' (6) Records maintained as required by subsection (5)(d) of
this section are subject to disclosure as a public record, except
that information that can be used to identify individual patients
may not be released.
' (7) The State Board of Pharmacy shall notify the Attorney
General and each individual affected by the improper release of
information from the database.'.
In line 38, delete '(5)' and insert '(8)(a)'.
Delete lines 41 through 44 and insert:
' (b) Data in the database that identify an individual patient
shall be removed from the database three years from the date the
data is entered into the database.
' (9)(a) The State Board of Pharmacy, or a person or entity
required to report or authorized to receive or release controlled
substance prescription information under this section, is immune
from civil liability unless the board, person or entity acts with
malice, criminal intent, gross negligence, recklessness or
willful intent in a manner that violates the provisions of this
section.
' (b) If a person, the board or an entity acts in the manner
described in paragraph (a) of this subsection, the person, board
or entity is subject to a civil penalty of $1,000 or for actual
damages, whichever is greater.'.
In line 45, delete '(7)' and insert '(10)'.
On page 3, line 2, delete '(8)' and insert '(11)'.
After line 6, insert:
' (12)(a) An individual who has had controlled substance
prescription information entered into the database may request
the State Board of Pharmacy to ensure the removal of any
erroneous information and may appeal the board's decision not to
remove the erroneous information.
' (b) Upon the receipt of an appeal under paragraph (a) of this
subsection, the board shall conduct a contested case hearing as
provided under ORS chapter 183.
' (c) The board has the burden of establishing that the
information included in the database was properly included in the
database.
' (13) The information collected in the database may not be
used for any commercial purpose.'.
In line 20, delete '14' and insert '12'.
Delete lines 22 through 38 and insert:
' (a) The President of the Senate shall appoint one member from
among the members of the Senate, one public member from a group
that represents patients' rights or interests and one public
member with expertise in consumer privacy protection.
' (b) The Speaker of the House of Representatives shall appoint
one member from among the members of the House of
Representatives, one public member from a group that advocates
for privacy of medical records and one public member with
expertise in security for electronic databases.
' (c) The State Board of Pharmacy shall appoint six members as
follows:
' (A) One member from a list of pharmacists licensed to
practice pharmacy in this state submitted by the State Board of
Pharmacy.
' (B) One member from a list of physicians licensed to practice
in this state submitted by the Board of Medical Examiners.
' (C) One member from a list of dentists licensed to practice
dentistry in this state submitted by the Oregon Board of
Dentistry.
' (D) One member from a list of nurses licensed to practice
nursing in this state submitted by the Oregon State Board of
Nursing.
' (E) One member from a list of naturopaths licensed to
practice naturopathic medicine in this state submitted by the
Board of Naturopathic Examiners.
' (F) One member from a list of nominees submitted by the Pain
Management Commission.'.
On page 4, line 25, delete 'Five' and insert 'Four'.
In line 26, delete 'Five' and insert 'Four'.
After line 26, insert:
' { + SECTION 9. + } { + (1) A practitioner or pharmacist
authorized to obtain controlled substance prescription
information from the database established under section 3 of this
2007 Act who knowingly discloses or uses information obtained
from the database in violation of section 4 of this 2007 Act
shall be reported to the appropriate health professional
regulatory board for consideration of disciplinary action under
the authority of that board.
' (2)(a) In addition to any other penalty imposed by law, the
Attorney General may impose a civil penalty not to exceed $10,000
for each violation of section 4 of this 2007 Act. Each improper
release of information in violation of section 4 of this 2007 Act
shall be considered a separate offense.
' (b) Civil penalties imposed under this subsection shall be
imposed as provided in ORS 183.745.
' (c) The Department of Justice may adopt rules required to
carry out the provisions of this subsection.
' (3) The remedies prescribed in this section are cumulative
and in addition to any other applicable criminal, civil or
administrative penalties. + }
' { + SECTION 10. A pharmacist may not refuse to fill a valid
controlled substance prescription presented to the pharmacist
solely because the pharmacist cannot receive patient information
from the database established under section 3 of this 2007 Act at
the time the patient requests that the controlled substance
prescription be filled. + }
' { + SECTION 11. + } { + (1) Section 4 of this 2007 Act
becomes operative on the date that the database required to be
established by section 3 of this 2007 Act begins continuous
operation 24 hours a day, seven days a week, and is capable of
responding immediately to inquiries for information from the
database by authorized users.
' (2) The State Board of Pharmacy shall notify the Legislative
Counsel when the database meets the requirements of subsection
(1) of this section. + } ' .
In line 27, delete '9' and insert '12'.
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