Chapter 529 Oregon Laws 1999

Session Law

AN ACT

SB 824

Relating to access to health care; amending ORS 414.325.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 414.325 is amended to read:

414.325. (1) As used in this section, "legend drug" means any drug requiring a prescription by a practitioner, as defined in ORS 689.005.

(2) A licensed practitioner may prescribe such drugs under this chapter as the practitioner in the exercise of professional judgment considers appropriate for the diagnosis or treatment of the patient in the practitioner's care and within the scope of practice. Prescriptions shall be dispensed in the generic form pursuant to ORS 689.515, 689.854 and 689.857 and pursuant to rules of the division unless the practitioner prescribes otherwise and an exception is granted by the division.

(3) Except as provided in subsections (4) and (5) of this section, the division shall place no limit on the type of legend drug that may be prescribed by a practitioner, but shall pay only for drugs in the generic form unless an exception has been granted by the division.

(4) Notwithstanding subsection (3) of this section, an exception must be applied for and granted before the division is required to pay for minor tranquilizers and amphetamines and amphetamine derivatives, as defined by rule of the division.

(5)(a) Notwithstanding subsections (1) to (4) of this section and except as provided in paragraph (b) of this subsection, the division is authorized to:

[(a)] (A) Withhold payment for a legend drug when federal financial participation is not available; and

[(b)] (B) Require prior authorization of payment for drugs which the division has determined should be limited to those conditions generally recognized as appropriate by the medical profession.

(b) The division may not require prior authorization for therapeutic classes of nonsedating antihistamines and nasal inhalers, as defined by rule by the division, when prescribed by an allergist for treatment of any of the following conditions, as described by the Health Services Commission on the funded portion of its prioritized list of services:

(A) Asthma;

(B) Sinusitis;

(C) Rhinitis; or

(D) Allergies.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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