74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1061
B-Engrossed
Senate Bill 34
Ordered by the House June 6
Including Senate Amendments dated March 26 and House Amendments
dated June 6
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Public Health)
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.
Requires State Board of Pharmacy to establish electronic
database for information reported by pharmacies regarding
dispensing of certain controlled substances. Restricts access to
and limits use of information in database. Provides immunity to
pharmacist or practitioner who did or did not request or obtain
information from database.
{ + Authorizes Attorney General to impose civil penalty on
practitioner or pharmacist who violates confidentiality, security
or privacy standards of controlled substance prescription
information database.
Provides that pharmacist may not refuse to fill valid
controlled substance prescription solely because pharmacist
cannot receive patient information from database. + }
Creates Electronic Prescription Drug Database Advisory
Commission.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to electronic prescription drug database; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5, 9 and 10 of this 2007 Act are
added to and made a part of ORS chapter 689. + }
SECTION 2. { + As used in sections 2 to 5, 9 and 10 of this
2007 Act:
(1) 'Controlled substance' means a drug classified in Schedule
II, III or IV under the federal Controlled Substances Act, 21
U.S.C. 811 to 812, as modified under ORS 475.035.
(2) 'Health professional regulatory board' has the meaning
given that term in ORS 676.160. + }
SECTION 3. { + (1)(a) The State Board of Pharmacy shall
establish and maintain a database for electronically reporting
the dispensing of controlled substances.
(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.
(2) The board shall adopt rules for the operation of the
electronic prescription drug database established under
subsection (1) of this section, including but not limited to
standards for:
(a) Reporting data electronically and nonelectronically;
(b) Providing maintenance, security and disclosure of data;
(c) Ensuring accuracy and completeness of data;
(d) Ensuring accurate identification of persons or entities
requesting information from the database;
(e) Assessing civil penalties under ORS 689.832 for failing to
report or for wrongful disclosure of data by a person required to
report under section 4 of this 2007 Act; and
(f) Notifying patients that:
(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. + }
SECTION 4. { + (1) Not later than one week after dispensing a
controlled substance, a pharmacy shall report to the State Board
of Pharmacy the:
(a) Name, address and date of birth of the patient;
(b) Name of the drug outlet dispensing the controlled
substance;
(c) Name of the practitioner who prescribed the controlled
substance;
(d) Identification of the controlled substance by a national
drug code number;
(e) Date of origin of the prescription;
(f) Date the controlled substance was dispensed;
(g) Quantity dispensed; and
(h) Other relevant information as required by rules adopted by
the State Board of Pharmacy.
(2) Notwithstanding subsection (1) of this section, the State
Board of Pharmacy may not:
(a) Require the reporting of controlled substances administered
directly to a patient or dispensed pursuant to ORS 127.800 to
127.897; or
(b) Collect or use Social Security numbers in the electronic
prescription drug database.
(3) Upon receipt of the data reported pursuant to subsection
(1) of this section, the State Board of Pharmacy shall record the
data in the electronic prescription drug database established
under section 3 of this 2007 Act.
(4) 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:
(a) To a practitioner or pharmacist who certifies that the
requested information is for the purpose of evaluating the need
for or providing medical or pharmaceutical treatment for a
current patient for whom the practitioner or pharmacist is
prescribing or dispensing, or is considering prescribing or
dispensing, a controlled substance;
(b) Pursuant to a valid court order issued at the request of a
federal, state or local law enforcement agency engaged in an
authorized drug-related investigation involving a person to whom
the requested information pertains;
(c) To a health professional regulatory board that certifies
that the requested information is necessary for an investigation
related to licensure, renewal or disciplinary action involving
the applicant, licensee or registrant to whom the requested
information pertains;
(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
(e) To a practitioner or pharmacist to whom the requested
information pertains.
(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.
(8)(a) Data from the database that do not identify a patient,
practitioner or drug outlet may be released by the State Board of
Pharmacy for educational, research or public information
purposes.
(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.
(10) Reports from the database established under section 3 of
this 2007 Act may not be used as evidence in any criminal or
civil proceeding.
(11) Nothing in this section requires a pharmacist or a
practitioner who prescribes a controlled substance to obtain
information about a patient from the database established under
section 3 of this 2007 Act. A pharmacist or a practitioner who
prescribes a controlled substance may not be held liable for
damages in any civil action on the basis that the pharmacist or
practitioner did or did not request or obtain information from
the database.
(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. + }
SECTION 5. { + The State Board of Pharmacy may accept grants,
donations, gifts or moneys from any source for expenditures
consistent with the purposes of sections 3 and 4 of this 2007
Act. Any moneys received under this section shall be paid into
the State Treasury and credited to the State Board of Pharmacy
Account. + }
SECTION 6. { + (1) The Electronic Prescription Drug Database
Advisory Commission is created for the purposes of:
(a) Studying issues related to the electronic prescription drug
database established under section 3 of this 2007 Act.
(b) Making recommendations to the State Board of Pharmacy
about:
(A) Which controlled substances should be subject to the
reporting requirements of section 4 of this 2007 Act; and
(B) The criteria that should be used to evaluate the data
regarding those controlled substances.
(2) The Electronic Prescription Drug Database Advisory
Commission shall consist of 12 members selected as follows:
(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. + }
SECTION 7. { + (1) The term of office of each member of the
Electronic Prescription Drug Database Advisory Commission is four
years, but a member serves at the pleasure of the appointing
authority. Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins
on July 1 next following. A member is eligible for reappointment.
If there is a vacancy for any cause, the appointing authority
shall make an appointment to become immediately effective.
(2) The commission shall elect one of its members to serve as
chairperson.
(3) The commission shall meet at least once annually at a time
and place specified by the chairperson of the commission. The
commission may meet at other times and places specified by the
call of the chairperson or of a majority of the members of the
commission.
(4) The commission may adopt rules necessary for the operation
of the commission.
(5) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(6) Official action by the commission requires the approval of
a majority of the members of the commission.
(7) The State Board of Pharmacy shall provide staff support to
the commission.
(8) Members of the commission who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the commission shall
be paid out of funds appropriated to the State Board of Pharmacy
for that purpose.
(9) All agencies of state government, as defined in ORS
174.111, are directed to assist the commission in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the commission consider necessary to perform their
duties. + }
SECTION 8. { + Notwithstanding the term of office specified by
section 7 of this 2007 Act, the members first appointed to the
Electronic Prescription Drug Database Advisory Commission shall
determine by lot at the first meeting of the commission the
initial terms of office for commission members as follows:
(1) Four shall serve for a term ending July 1, 2008.
(2) Four shall serve for a term ending on July 1, 2009.
(3) Four shall serve for a term ending on July 1, 2010. + }
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. + }
SECTION 12. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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