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
Senate Bill 34
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 as
introduced.
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.
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 of this 2007 Act are added to
and made a part of ORS chapter 689. + }
SECTION 2. { + As used in sections 2 to 5 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) The State Board of Pharmacy shall establish
and maintain a database for electronically reporting the
dispensing of controlled substances.
(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 their controlled substance
prescriptions will be included in the electronic prescription
drug database. + }
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 require the reporting of controlled
substances administered directly to a patient or dispensed
pursuant to ORS 127.800 to 127.897.
(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 State Board of Pharmacy may not disclose data from the
database except:
(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
patient to whom the practitioner or pharmacist anticipates
providing, is providing or has provided care;
(b) Pursuant to a valid court order issued at the request of a
federal, state or local law enforcement agency engaged in an
authorized 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) To a practitioner, pharmacist or patient to whom the
requested information pertains; or
(e) To a controlled substance reporting program of another
state if:
(A) The confidentiality, security and privacy standards of the
requesting state are determined by the State Board of Pharmacy to
be equivalent to those of the State Board of Pharmacy; and
(B) The data concern the dispensing of a controlled substance
to a patient who resides in the other state or a controlled
substance prescribed by a practitioner whose principal place of
business is located in the other state.
(5) 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.
(6) A pharmacy required to report data to the State Board of
Pharmacy, or a person or entity authorized under subsection (4)
of this section to obtain or use data from the database
established under section 3 of this 2007 Act, is immune from
civil liability if the pharmacy, person or entity reports,
obtains or uses the data in good faith.
(7) Reports from the database established under section 3 of
this 2007 Act may not be used as evidence in any criminal or
civil proceeding. + }
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 13 members selected as follows:
(a) One member nominated by each of the following, appointed by
the State Board of Pharmacy:
(A) State Board of Pharmacy;
(B) Board of Medical Examiners;
(C) Oregon Board of Dentistry;
(D) Oregon State Board of Nursing;
(E) Board of Naturopathic Examiners;
(F) Oregon State Pharmacy Association;
(G) Oregon Medical Association;
(H) Oregon Dental Association;
(I) Oregon Nurses Association;
(J) Oregon Association of Naturopathic Physicians; and
(K) Pain Management Commission;
(b) One member of the Senate who is appointed by the President
of the Senate; and
(c) One member of the House of Representatives who is appointed
by the Speaker of the House of Representatives. + }
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) Five shall serve for a term ending on July 1, 2010. + }
SECTION 9. { + 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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