75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 605
Sponsored by Senator MONNES ANDERSON; Senators BATES, DEVLIN,
KRUSE, Representatives BRUUN, DEMBROW, KOTEK, MAURER, SHIELDS
CHAPTER ................
AN ACT
Relating to nurses; amending ORS 678.390.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 678.390, as amended by section 3, chapter 4,
Oregon Laws 2008, is amended to read:
678.390. (1) The Oregon State Board of Nursing may grant to a
certified nurse practitioner or certified clinical nurse
specialist the privilege of writing prescriptions, including
prescriptions for controlled substances listed in schedules II,
III, III N, IV and V.
(2) A certified nurse practitioner or certified clinical nurse
specialist may submit an application to the Oregon State Board of
Nursing to dispense prescription drugs. The Oregon State Board of
Nursing shall provide immediate notice to the State Board of
Pharmacy upon receipt and upon approval of an application from a
certified nurse practitioner or certified clinical nurse
specialist for authority to dispense prescription drugs to the
patients of the applicant.
(3) An application for the authority to dispense prescription
drugs as authorized under subsection (1) of this section must
include:
(a) Evidence of completion of a prescription drug dispensing
training program jointly developed and adopted by rule by the
Oregon State Board of Nursing and the State Board of Pharmacy.
(b) Except when a certified nurse practitioner is seeking
authority to dispense prescription drugs at a qualified
institution of higher education as defined in ORS 399.245,
demonstration of a lack of readily available access to pharmacy
services in the practice area of the applicant and that the lack
of access would be corrected by granting authority to dispense
prescription drugs by the applicant. Lack of readily available
access to pharmacy services for patients may be established by
evidence:
(A) That the patients of the applicant are located:
(i) Outside the boundaries of a metropolitan statistical area;
(ii) Thirty or more highway miles from the closest hospital
within the major population center in a metropolitan statistical
area; or
(iii) In a county with a population of less than 75,000; or
(B) Of financial barrier to access, including but not limited
to receiving services from a health care safety net clinic or
Enrolled Senate Bill 605 (SB 605-A) Page 1
eligibility for participation in a patient assistance program of
a pharmaceutical company.
(c) Any other information required by the Oregon State Board of
Nursing.
{ + (4) Prescription drugs dispensed by a certified nurse
practitioner or certified clinical nurse specialist shall be
personally dispensed by the certified nurse practitioner or
certified clinical nurse specialist, except that nonjudgmental
dispensing functions may be delegated to staff assistants when:
(a) The accuracy and completeness of the prescription is
verified by the certified nurse practitioner or certified
clinical nurse specialist; and
(b) The prescription drug is labeled with the name of the
patient to whom it is being dispensed. + }
{ - (4) - } { + (5) + } The Oregon State Board of Nursing
shall adopt rules requiring:
(a) Drugs dispensed by certified nurse practitioners and
certified clinical nurse specialists to be either prepackaged by
a manufacturer registered with the State Board of Pharmacy or
repackaged by a pharmacist licensed by the State Board of
Pharmacy under ORS chapter 689;
(b) Labeling requirements for drugs dispensed by certified
nurse practitioners and certified clinical nurse specialists that
are the same as labeling requirements required of pharmacies
licensed under ORS chapter 689;
(c) Record keeping requirements for prescriptions and drug
dispensing by a certified nurse practitioner and a certified
clinical nurse specialist that are the same as the record keeping
requirements required of pharmacies licensed under ORS chapter
689;
(d) A dispensing certified nurse practitioner and a dispensing
certified clinical nurse specialist to have available at the
dispensing site a hard copy or electronic version of prescription
drug reference works commonly used by professionals authorized to
dispense prescription medications; and
(e) A dispensing certified nurse practitioner and a dispensing
certified clinical nurse specialist to allow representatives of
the State Board of Pharmacy, upon receipt of a complaint, to
inspect a dispensing site after prior notice to the Oregon State
Board of Nursing.
{ - (5) - } { + (6) + } The Oregon State Board of Nursing
has sole disciplinary authority regarding certified nurse
practitioners and certified clinical nurse specialists who have
drug dispensing authority.
{ - (6) - } { + (7) + } The privilege of writing
prescriptions and dispensing drugs may be denied, suspended or
revoked by the Oregon State Board of Nursing upon proof that the
privilege has been abused. The procedure shall be a contested
case under ORS chapter 183. Disciplinary action under this
subsection is grounds for discipline of the certified nurse
practitioner or certified clinical nurse specialist in the same
manner as a licensee may be disciplined under ORS 678.111.
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Enrolled Senate Bill 605 (SB 605-A) Page 2
Passed by Senate March 11, 2009
Repassed by Senate June 5, 2009
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Secretary of Senate
...........................................................
President of Senate
Passed by House June 3, 2009
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Speaker of House
Enrolled Senate Bill 605 (SB 605-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 Senate Bill 605 (SB 605-A) Page 4