75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3022
Sponsored by Representatives GREENLICK, TOMEI, Senator ROSENBAUM;
Representatives BARNHART, BENTZ, BERGER, COWAN, D EDWARDS,
ESQUIVEL, FREEMAN, GARRARD, GELSER, GILLIAM, HOLVEY, HUFFMAN,
JENSON, KENNEMER, KOTEK, KRIEGER, MAURER, NATHANSON, OLSON,
SCHAUFLER, SHIELDS, THOMPSON, Senators BONAMICI, DINGFELDER,
MONNES ANDERSON, MORRISETTE, TELFER, VERGER, WALKER
CHAPTER ................
AN ACT
Relating to treatment of sexually transmitted diseases; creating
new provisions; and amending ORS 689.505.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Expedited partner therapy' means the practice of
prescribing or dispensing antibiotic drugs for the treatment of a
sexually transmitted disease to the partner of a patient without
first examining the partner of the patient.
(b) 'Partner of a patient' means a person whom a patient
diagnosed with a sexually transmitted disease identifies as a
sexual partner of the patient.
(c) 'Practitioner' has the meaning given that term in ORS
475.005.
(2) A health professional regulatory board, as defined in ORS
676.160, may adopt rules permitting practitioners to practice
expedited partner therapy. If a board adopts rules permitting
practitioners to practice expedited partner therapy, the board
shall consult with the Department of Human Services to determine
which sexually transmitted diseases are appropriately addressed
with expedited partner therapy.
(3) A prescription issued in the practice of expedited partner
therapy authorized by the rules of a board is valid even if the
name of the patient for whom the prescription is intended is not
on the prescription.
(4) The department shall make available informational material
about expedited partner therapy that a practitioner may
distribute to patients. + }
SECTION 2. ORS 689.505 is amended to read:
689.505. (1)(a) Except as specifically provided by law, no
person shall distribute or dispense any drug without affixing to
the authorized container a clear and legible label, either
printed or written, bearing the name of the drug and the name and
place of business of the person distributing or dispensing the
drug, and any other information required by state law or rules or
federal law or regulations under whose supervision the drug is
delivered or dispensed.
Enrolled House Bill 3022 (HB 3022-A) Page 1
(b) Labeling requirements regarding any drug may be changed or
exemption therefrom granted by the State Board of Pharmacy in the
form of a special permit if the board determines that a change or
exemption is in the best interest of public health and safety.
(2)(a) No manufacturer or wholesaler subject to ORS 689.305
shall sell or otherwise distribute, or offer to sell or otherwise
distribute, any drug for use in a:
(A) Parcel, package or container not bearing a label specifying
the name, active ingredients or contents, quality and quantity of
the drug.
(B) Misbranded parcel, package or container.
(b) A parcel, package or container is misbranded:
(A) If its labeling is false or misleading in any particular.
(B) Unless it bears a label containing the name and business
address of the manufacturer, packer, distributor or wholesaler,
and an accurate statement of the quantity of the drug in terms of
weight, measure or numerical count, exclusive of wrappers,
cartons, containers or other materials packed with such drug.
(C) In case it contains controlled substances which the board
finds and by rule designates after reasonable notice and
opportunity for hearing to be habit forming, unless it bears the
statement 'Warning--May Be Habit Forming. '
(D) Unless it bears a label with adequate directions for the
safe use of the drug for specified conditions, and adequate
warning against use in those pathological conditions or by
children where such use may be dangerous to the health or welfare
of a user.
(E) Unless it bears a label with true representations of the
intended uses of the drug and no false claims or representations
are made of the drug in accompanying literature or advertising.
(3) This section does not apply to parcels, packages or
containers containing:
(a) Drugs prepared and packaged solely for use by a pharmacist
in compounding prescriptions or for dispensing in dosage unit
form upon a prescription, except that such parcels, packages or
containers must bear the name and business address of the
manufacturer and, if different, the name and business address of
the distributor of the drug, and the legend 'Caution: Federal Law
Prohibits Dispensing Without Prescription' or an equivalent
legend.
(b) Drugs intended solely for use in the professional diagnosis
of disease, except that such parcels, packages or containers
shall bear the statement 'Diagnostic Reagent--For Professional
Use Only. '
(c) Coloring agents, emulsifiers, excipients, flavorings,
lubricants, preservatives and other like inactive ingredients
used in the manufacture of drugs.
(4) The board shall by rule exempt from any labeling or
packaging requirement of this section drugs which are, in
accordance with the practice of the trade, to be processed,
labeled or repacked in substantial quantities at establishments
other than those where originally processed or packed. However,
such drugs must not be adulterated or misbranded upon removal
from such processing, labeling or repacking establishment.
(5) A pharmacist or pharmacy intern shall not dispense, on the
prescription of a practitioner, any drug without affixing to the
container thereof a clear and legible label. The label may be
printed or written. Except as provided in subsection (6) of this
section, the pharmacist or pharmacy intern shall state or cause
to be stated on the label the following:
Enrolled House Bill 3022 (HB 3022-A) Page 2
(a) The name of the drug. If the dispensed drug does not have a
brand name, the prescription label shall indicate the generic
name of the drug dispensed along with the name of the drug
distributor or manufacturer, its quantity per unit and the
directions for its use stated in the prescription. However, if
the drug is a compound, the quantity per unit need not be stated
{ - ; - } { + . + }
(b) The name of the practitioner prescribing the drug
{ - ; - } { + . + }
(c) The name and place of business of the pharmacist or the
name and place of business of the pharmacy for which the
pharmacist or pharmacy intern is acting { - ; - } { + . + }
(d) The name of the patient { - ; and - } { + , unless the
drug is prescribed to a partner of a patient as defined in
section 1 of this 2009 Act in accordance with rules adopted under
section 1 of this 2009 Act authorizing the practice of expedited
partner therapy. + }
(e) When applicable and as determined by the State Board of
Pharmacy, an expiration date after which the patient should not
use the drug.
(6) If the prescribing practitioner so directs, the
prescription label shall not state the name and quantity per unit
of the drug.
(7) The State Board of Pharmacy shall determine those drugs
which must bear an expiration date under subsection (5)(e) of
this section.
(8) As used in this section, 'compound' means a drug containing
two or more medically active ingredients.
(9) No person shall deliver or dispense any drug for use by the
ultimate consumer without labeling the drug container as required
in this section.
(10) In addition to the labeling requirements imposed by
subsections (1) to (9) of this section, the board may impose by
rule requirements for drug code imprints on solid dose legend
drugs.
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Passed by House April 27, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 29, 2009
...........................................................
President of Senate
Enrolled House Bill 3022 (HB 3022-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3022 (HB 3022-A) Page 4