75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1740
Senate Bill 355
Sponsored by Senators MORRISETTE, KRUSE, BATES
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
prescription monitoring program for information reported by
pharmacies regarding dispensing of certain prescription drugs.
Restricts access to and limits use of reported information.
Provides certain immunities from civil liability relating to
reporting or use of information.
Creates Prescription Monitoring Program Advisory Commission.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to an electronic prescription monitoring program; and
declaring an emergency.
Whereas the ability to identify and inhibit the diversion of
prescription drugs must be improved; and
Whereas the appropriate use of prescription drugs for
legitimate medical purposes must be protected; and
Whereas the goal of this 2009 Act is to improve the ability to
identify and inhibit the diversion of prescription drugs, while
promoting appropriate utilization of prescription drugs for
legitimate medical purposes; and
Whereas the creation and operation of an electronic system to
track prescriptions of controlled substances would improve the
ability to identify and inhibit the diversion of prescription
drugs but would not adversely effect prescriptions issued for
legitimate medical purposes; and
Whereas the purpose of this 2009 Act is to authorize the
development, implementation, operation and evaluation of an
electronic system for the monitoring of prescription drugs to
accomplish the goal of this 2009 Act; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 9 of this 2009 Act are added to
and made a part of ORS chapter 689. + }
SECTION 2. { + As used in sections 2 to 9 of this 2009 Act:
(1) 'Health professional regulatory board' has the meaning
given that term in ORS 676.160.
(2) 'Prescription' has the meaning given that term in ORS
475.005. + }
SECTION 3. { + (1)(a) The State Board of Pharmacy, in
consultation with the Prescription Monitoring Program Advisory
Commission, shall establish and maintain a prescription
monitoring program for monitoring and reporting prescription
drugs dispensed by pharmacies in Oregon and that are drugs of
concern with a documented potential for abuse.
(b)(A) To fulfill the requirements of this subsection, the
board shall establish, maintain and operate an electronic system
to monitor and report drugs of concern with a documented
potential for abuse that are dispensed by prescription.
(B) Law enforcement personnel and treatment professionals may
identify drugs of concern with a documented potential for abuse
for inclusion in the electronic system. Persons identifying drugs
for inclusion in the electronic system under this paragraph shall
submit information relating to the drugs identified in a form and
manner prescribed by the board. The board shall consider
information submitted under this paragraph in establishing the
list of drugs of concern with documented potential for abuse for
monitoring and reporting in the prescription monitoring program.
(C) The system must operate and be accessible by practitioners
and pharmacies 24 hours a day, seven days a week.
(D) The board may contract with a state agency or private
entity to ensure the effective operation of the electronic
system.
(2) In consultation with the commission, the board shall adopt
rules for the operation of the electronic prescription monitoring
program established under subsection (1) of this section,
including but not limited to standards for:
(a) Reporting data;
(b) Providing maintenance, security and disclosure of data;
(c) Ensuring accuracy and completeness of data;
(d) Complying with federal Health Insurance Portability and
Accountability Act and regulations thereunder, including 45
C.F.R. parts 160 and 164;
(e) Ensuring accurate identification of persons or entities
requesting information from the database;
(f) Assessing civil penalties for failing to report or for
wrongful disclosure of data;
(g) Determining prescription drugs of concern with documented
potential for abuse for monitoring and reporting in the
prescription monitoring program;
(h) Accepting printed or nonelectronic reports from pharmacies
that do not have the capability to provide electronic reports;
and
(i) Developing and maintaining effective evaluation and
referral mechanisms to evaluate and refer appropriate individuals
to medical care, addiction treatment, or law enforcement.
(3) The board shall submit an annual report to the commission
regarding the prescription monitoring program established under
this section. + }
SECTION 4. { + (1) Not later than one week after dispensing a
prescription drug subject to the prescription monitoring program
established under section 3 of this 2009 Act, a pharmacy shall
electronically report to the State Board of Pharmacy the:
(a) Name, address and date of birth of the patient;
(b) Identification of the pharmacy dispensing the prescription
drug;
(c) Identification of the practitioner who prescribed the drug;
(d) Identification of the prescription drug by a national drug
code number;
(e) Date of origin of the prescription;
(f) Date the drug was dispensed;
(g) Quantity of drug dispensed; and
(h) Other relevant information as required by rules adopted by
the board.
(2) Notwithstanding subsection (1) of this section, the board
may not:
(a) Require the reporting of prescription drugs 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 prescription
monitoring program.
(3) Upon receipt of the data reported pursuant to subsection
(1) of this section, the board shall record the data in the
electronic system operated pursuant to the prescription
monitoring program.
(4)(a) The board may grant a pharmacy a waiver of the
electronic submission requirement of subsection (1) of this
section for good cause as determined by the board. The waiver
shall state the format, method and frequency of the alternate
nonelectronic submissions from the pharmacy and the duration of
the waiver.
(b) As used in this subsection, 'good cause' includes financial
hardship. + }
SECTION 5. { + (1) 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.
(2)(a) If prescription drug monitoring program information
disclosures comply with the federal Health Insurance Portability
and Accountability Act and regulations thereunder, including 45
C.F.R. parts 160 and 164, the board may disclose the information:
(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) To designated representatives of the board or any vendor or
contractor with whom the board has contracted to establish or
maintain the electronic system of the prescription monitoring
program.
(C) 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.
(D) 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.
(E) To a prescription monitoring program of another state if
the confidentiality, security and privacy standards of the
requesting state are determined by the board to be equivalent to
those of the board.
(b) Information from the prescription monitoring program that
does not identify a patient, practitioner or drug outlet may be
released by the board for educational, research or public
information purposes.
(c) Information relating to a patient may be disclosed to that
patient if requested in accordance with procedures established by
the board. The information shall be disclosed to the patient
within 10 business days of the request being received by the
board, and the patient may make a request to the board up to once
every six months. A patient may request the board to correct any
information about the patient that is erroneous.
(d) In accordance with ORS 192.518 to 192.529 and federal
privacy regulations, any person authorized to prescribe or
dispense a prescription drug and who is entitled to access a
patient's prescription monitoring program information may discuss
or release the information to other health care providers
involved with the patient's care, in order to provide safe and
appropriate care coordination.
(2)(a) The board shall maintain records of the information
disclosed through the prescription monitoring program including,
but not limited to:
(A) The identification of each person who requests or receives
information from the program and the organization, if any, the
person represents;
(B) The information released to each person or organization;
and
(C) The date and time the information was requested and the
date and time the information was provided.
(b) Records maintained as required by this subsection may be
reviewed by the Prescription Monitoring Program Advisory
Commission.
(3) Information in the prescription monitoring program that
identifies an individual patient must be removed no later than
three years from the date the information is entered into the
program.
(4) A pharmacy required to report information to the board, or
a person authorized under this section to obtain or use
information from the prescription monitoring program established
under section 3 of this 2009 Act, is immune from civil liability
arising out of the reporting or release of the information if the
pharmacy or person reports, obtains or uses the data in good
faith.
(5) The board and the commission are immune from civil
liability arising from the inaccuracy of any information
submitted under section 4 of this 2009 Act to the prescription
monitoring program.
(6) Nothing in sections 2 to 9 of this 2009 Act requires a
practitioner or pharmacist who prescribes or dispenses a
prescription drug to obtain information about a patient from the
prescription monitoring program. A practitioner or pharmacist who
prescribes or dispenses a prescription drug may not be held
liable for damages in any civil action on the basis that the
practitioner or pharmacist did or did not request or obtain
information from the prescription monitoring program. + }
SECTION 6. { + (1) A practitioner may not refuse to provide a
prescription to a patient solely because the practitioner cannot
receive information from the prescription monitoring program
established under section 3 of this 2009 Act at the time the
practitioner would otherwise have provided the patient a
prescription.
(2) 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) 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 9 of
this 2009 Act.
(2) Notwithstanding ORS 689.135, the board may impose on
practitioners authorized to prescribe or dispense controlled
substances an annual fee not to exceed $25 for expenditures
consistent with the proposes of sections 2 to 9 of this 2009 Act.
(3) Any moneys received under this section shall be paid into
the State Treasury and credited to the State Board of Pharmacy
Account.
(4) As used in this section, 'controlled substance' has the
meaning given that term in ORS 475.005. + }
SECTION 8. { + (1) The Prescription Monitoring Program
Advisory Commission is created for the purposes of:
(a) Studying issues related to the prescription monitoring
program established under section 3 of this 2009 Act;
(b) Reviewing the program's annual report and making
recommendations to the board regarding the operation of the
program; and
(c) Developing criteria that should be used to evaluate program
data.
(2)(a) The commission shall consist of 14 members appointed by
the board, one member nominated by each of the following:
(A) Pain Management Commission;
(B) Oregon State Pharmacy Association;
(C) Oregon Dental Association;
(D) Oregon Medical Association;
(E) Oregon Nurses Association;
(F) Oregon Association of Naturopathic Physicians;
(G) Oregon Board of Dentistry;
(H) Oregon Medical Board;
(I) Board of Naturopathic Examiners;
(J) Oregon State Board of Nursing;
(K) State Board of Pharmacy;
(L) Department of State Police;
(M) A health professional licensing board that regulates
addiction counselors; and
(N) Department of Human Services.
(b) The member nominated by the Department of Human Services
must have expertise as an addiction treatment professional. + }
SECTION 9. { + (1) The term of office of each member of the
Prescription Monitoring Program Advisory Commission is four
years, but a member serves at the pleasure of the State Board of
Pharmacy. Before the expiration of the term of a member, the
board 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 board 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 board 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 board 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 10. { + Notwithstanding the term of office specified
by section 9 of this 2009 Act, the members first appointed to the
Prescription Monitoring Program 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, 2010.
(2) Five shall serve for a term ending on July 1, 2011.
(3) Five shall serve for a term ending on July 1, 2012. + }
SECTION 11. { + (1) Sections 4 to 6 of this 2009 Act become
operative on January 1, 2010.
(2) The State Board of Pharmacy may take any action before the
operative date in subsection (1) of this section that is
necessary to enable the board to exercise on or after the
operative date in subsection (1) of this section, all of the
duties, functions and powers conferred on the board by sections 4
to 6 of this 2009 Act. + }
SECTION 12. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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