75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 355
 
LC 1740/SB 355-6
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 355
 
     By COMMITTEE ON HUMAN SERVICES AND RURAL HEALTH POLICY
 
                            April 16
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'appropriating money;'.
  In line 17, delete '9' and insert '10'.
  In line 19, delete '9' and insert '10'.
  In line 26, after 'Oregon' delete the rest of the line and
insert 'that are classified in schedules II through IV under the
federal Controlled Substances Act, 21 U.S.C. 811 and 812, as
modified under ORS 475.035.'.
  In line 28, after 'drugs' delete the rest of the line and
insert 'described in paragraph (a) of this subsection'.
  In line 29, delete 'potential for abuse'.
  On page 2, delete lines 1 through 7.
  In line 8, delete '(C)' and insert '(B)'.
  In line 10, delete '(D)' and insert '(C)'.
  Delete lines 18 and 19 and insert:
  ' (d) Complying with the federal Health Insurance Portability
and Accountability Act of 1996 (P.L. 104-191) and regulations
adopted under it, including 45 C.F.R. parts 160 and 164, federal
alcohol and drug treatment confidentiality laws and regulations
adopted under those laws, including 42 C.F.R. part 2, and state
health and mental health confidentiality laws, including ORS
179.505, 192.517 and 192.518 to 192.529;'.
  Delete lines 22 through 28 and insert:
  ' (f) Assessing civil penalties for failing to report or for
intentional wrongful disclosure of data; and
  ' (g) Accepting printed or nonelectronic reports from
pharmacies that do not have the capability to provide electronic
reports.'.
  On page 3, after line 8, insert:
  ' (5) This section does not apply to pharmacies in institutions
as defined in ORS 179.010.'.
  Delete lines 9 through 16 and insert:
  '  { +  SECTION 5. + } (1)(a) Except as provided under
subsection (2) of this section, prescription monitoring
information submitted under section 4 of this 2009 Act to the
prescription monitoring program established in section 3 of this
2009 Act:
  ' (A) Is protected health information under ORS 192.518 to
192.529.
  ' (B) Is not subject to disclosure pursuant to ORS 192.410 to
192.505.
  ' (b) Except as provided under subsection (2)(a)(D) of this
section, prescription monitoring information submitted under
section 4 of this 2009 Act to the prescription monitoring program
may not be used to evaluate a practitioner's professional
practice.
  ' (2)(a) If prescription monitoring information disclosures
comply with the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations adopted
under it, including 45 C.F.R. parts 160 and 164, federal alcohol
and drug treatment confidentiality laws and regulations adopted
under those laws, including 42 C.F.R. part 2, and state health
and mental health confidentiality laws, including ORS 179.505,
192.517 and 192.518 to 192.529, the State Board of Pharmacy shall
disclose the information:'.
  In line 24, after 'order' insert 'based on probable cause and'.
  In line 27, after 'certifies' insert 'in writing'.
  In line 31, delete 'board' and insert 'State Board of
Pharmacy'.
  In line 33, after '(b)' insert 'The board may disclose'.
  In line 34, after 'drug' delete the rest of the line and delete
line 35 and insert 'outlet:
  ' (A) For educational, research or public health purposes; and
  ' (B) To officials of the Department of Human Services who are
conducting special epidemiologic morbidity and mortality studies
in accordance with ORS 432.060 and rules adopted under ORS
431.110.'.
  In line 36, delete 'Information relating to a patient may be
disclosed' and insert 'The board shall disclose information
relating to a patient'.
  In line 43, delete 'program'.
  On page 4, line 1, delete '(2)(a)' and insert '(3)(a)'.
  In line 10, delete '(3)' and insert '(4)'.
  In line 13, delete '(4)' and insert '(5)'.
  In line 14, delete 'estab-'.
  In line 15, delete 'lished under section 3 of this 2009 Act'.
  In line 18, delete '(5)' and insert '(6)'.
  In line 21, delete '(6)' and insert '(7)' and delete ' 9' and
insert '10'.
  Delete lines 27 through 44 and insert:
  '  { +  SECTION 6. + }  { + A pharmacist may not refuse to fill
a valid prescription solely because the pharmacist cannot receive
patient information from the prescription monitoring program
established under section 3 of this 2009 Act at the time the
patient requests that the prescription be filled. + }
  '  { +  SECTION 7. + }  { + (1) In addition to any other
penalty provided by law, the State Board of Pharmacy may impose a
civil penalty for any violation of sections 4 to 6 of this 2009
Act. A civil penalty imposed under this section may not exceed
$250 for each violation by an individual and $1,000 for each
violation by a drug outlet.
  ' (2) Civil penalties recovered under this section shall be
deposited in the State Board of Pharmacy Account established in
ORS 689.139.
  ' (3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  ' (4) Notwithstanding ORS 183.745, the person to whom the
notice is addressed has 10 days from the date of service of the
notice to make written application for a hearing before the
board. + }
  '  { +  SECTION 8. + }  { + (1) As used in this section,
'board' means:
  ' (a) The Oregon Medical Board;
  ' (b) The Oregon Board of Dentistry;
  ' (c) The Board of Naturopathic Examiners;
  ' (d) The Oregon State Board of Nursing;
  ' (e) The Oregon Board of Optometry; and
  ' (f) The State Board of Pharmacy.
  ' (2) The State Board of Pharmacy may accept grants, donations,
gifts or moneys from any source for expenditures consistent with
the purposes of sections 2 to 10 of this 2009 Act.
  ' (3)(a) In addition to other licensing fees imposed by a board
on licensees, a board shall adopt rules imposing a fee of $25 per
year on each person licensed by the board who is authorized to
prescribe or dispense controlled substances. A board shall
 
collect the fee at the same time the board collects other
licensing fees imposed on licensees.
  ' (b) A board shall retain 10 percent of the fees collected
under paragraph (a) of this subsection to cover the costs of
accounting and collection of the fees.
  ' (c) On the first day of each calendar quarter, a board shall
transmit 90 percent of the fees collected under paragraph (a) of
this subsection during the preceding calendar quarter to the
Electronic Prescription Monitoring Fund established in section 11
of this 2009 Act.'. + }
  In line 45, delete '8' and insert '9'.
  On page 5, line 4, delete 'board' and insert 'State Board of
Pharmacy'.
  Delete lines 7 through 24 and insert:
  ' (2) The commission shall consist of 15 members appointed by
the board as follows:
  ' (a) A person nominated by the Pain Management Commission;
  ' (b) A person nominated by the Oregon State Pharmacy
Association;
  ' (c) A person nominated by the Oregon Dental Association;
  ' (d) A physician nominated by the Oregon Medical Association;
  ' (e) A doctor of osteopathy nominated by the Osteopathic
Physicians and Surgeons of Oregon;
  ' (f) A person nominated by the Oregon Nurses Association;
  ' (g) A person nominated by the Oregon Association of
Naturopathic Physicians;
  ' (h) A person nominated by the Oregon Board of Dentistry;
  ' (i) A physician nominated by the Oregon Medical Board;
  ' (j) A person nominated by the Board of Naturopathic
Examiners;
  ' (k) A person nominated by the Oregon State Board of Nursing;
  ' (L) A person nominated by the State Board of Pharmacy;
  ' (m) A member of the public nominated by the State Board of
Pharmacy;
  ' (n) A person nominated by a health professional licensing
board that regulates addiction counselors; and
  ' (o) A person nominated by the Department of Human Services
from a division of the department responsible for administering
addiction services.'.
  In line 25, delete '9' and insert '10'.
  In line 41, delete 'who are not members of the Legislative
Assembly'.
  On page 6, after line 4, insert:
  '  { +  SECTION 11. + }  { + The Electronic Prescription
Monitoring Fund is established in the State Treasury, separate
and distinct from the General Fund. The Electronic Prescription
Monitoring Fund consists of moneys transmitted to the fund under
section 8 of this 2009 Act. Interest earned by the fund shall be
credited to the fund.  Moneys in the fund are continuously
appropriated to the State Board of Pharmacy for the purpose of
carrying out the provisions of sections 2 to 10 of this 2009
Act. + } ' .
  In line 5, delete '10' and insert '12' and delete '9 ' and
insert '10'.
  In line 9, delete 'Four' and insert 'Five'.
  In line 12, delete '11' and insert '13' and delete ' January'
and insert 'July'.
  In line 17, delete '12' and insert '14'.
                         ----------