Bill Text: OR HB3138 | 2011 | Regular Session | Enrolled
Bill Title: Relating to prescription of vaccines; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2011-06-07 - Chapter 245, (2011 Laws): Effective date June 7, 2011. [HB3138 Detail]
Download: Oregon-2011-HB3138-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3138
Sponsored by COMMITTEE ON HEALTH CARE
CHAPTER ................
AN ACT
Relating to prescription of vaccines; amending ORS 689.005 and
689.645; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 689.645, as amended by section 1, chapter 250,
Oregon Laws 2009, is amended to read:
689.645. (1) In accordance with rules adopted by the State
Board of Pharmacy under ORS 689.205, a pharmacist may administer
vaccines to persons who are at least 11 years of age.
{ + (2) The board may adopt rules allowing a pharmacist to
prescribe vaccines to persons who are at least 11 years of age.
The rules may only be as broad as necessary to enable pharmacists
to enroll and participate in the Vaccines for Children Program
administered by the Centers for Disease Control and
Prevention. + }
{ - (2) - } { + (3) + } The board is authorized to issue,
to licensed pharmacists who have completed training accredited by
the Centers for Disease Control and Prevention, the American
Council on Pharmaceutical Education or a similar health authority
or professional body, certificates of special competency in the
{ + prescription and + } administration of vaccines to persons
who are at least 11 years of age.
{ - (3) - } { + (4) + } The board shall adopt rules
relating to the reporting of the { + prescription and + }
administration of vaccines to a patient's primary health care
provider and to the Oregon Health Authority.
{ - (4) - } { + (5) + } The board shall adopt rules
requiring pharmacists to establish protocols for the
{ + prescription and + } administration of vaccines to persons
who are at least 11 years of age.
{ - (5) - } { + (6) + } The board shall convene a volunteer
Immunization and Vaccination Advisory Committee consisting of no
more than nine members for the purpose of advising the board in
promulgating rules under this section. The committee shall
consist of one representative from the Oregon Health Authority,
two representatives from the Oregon Medical Board, two
representatives from the Oregon State Board of Nursing and two
representatives from the State Board of Pharmacy and no more than
two pharmacists other than the representatives from the State
Board of Pharmacy.
SECTION 2. ORS 689.005 is amended to read:
689.005. As used in this chapter:
Enrolled House Bill 3138 (HB 3138-A) Page 1
(1) 'Administer' means the direct application of a drug or
device whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(a) A practitioner or the practitioner's authorized agent; or
(b) The patient or research subject at the direction of the
practitioner.
(2) 'Approved continuing pharmacy education program' means
those seminars, classes, meetings, workshops and other
educational programs on the subject of pharmacy approved by the
board.
(3) 'Board of pharmacy' or 'board' means the State Board of
Pharmacy.
(4) 'Continuing pharmacy education' means:
(a) Professional, pharmaceutical post-graduate education in the
general areas of socio-economic and legal aspects of health care;
(b) The properties and actions of drugs and dosage forms; and
(c) The etiology, characteristics and therapeutics of the
disease state.
(5) 'Continuing pharmacy education unit' means the unit of
measurement of credits for approved continuing education courses
and programs.
(6) 'Deliver' or 'delivery' means the actual, constructive or
attempted transfer of a drug or device other than by
administration from one person to another, whether or not for a
consideration.
(7) 'Device' means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent or other similar
or related article, including any component part or accessory,
which is required under federal or state law to be prescribed by
a practitioner and dispensed by a pharmacist.
(8) 'Dispense' or 'dispensing' means the preparation and
delivery of a prescription drug pursuant to a lawful order of a
practitioner in a suitable container appropriately labeled for
subsequent administration to or use by a patient or other
individual entitled to receive the prescription drug.
(9) 'Distribute' means the delivery of a drug other than by
administering or dispensing.
(10) 'Drug' means:
(a) Articles recognized as drugs in the official United States
Pharmacopoeia, official National Formulary, official Homeopathic
Pharmacopoeia, other drug compendium or any supplement to any of
them;
(b) Articles intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in a human or
other animal;
(c) Articles, other than food, intended to affect the structure
or any function of the body of humans or other animals; and
(d) Articles intended for use as a component of any articles
specified in paragraph (a), (b) or (c) of this subsection.
(11) 'Drug order' means a written order, in a hospital or other
inpatient care facility, for an ultimate user of any drug or
device issued and signed by a practitioner, or an order
transmitted by other means of communication from a practitioner,
that is immediately reduced to writing by a pharmacist, licensed
nurse or other practitioner.
(12) 'Drug outlet' means any pharmacy, nursing home, shelter
home, convalescent home, extended care facility, drug abuse
treatment center, penal institution, hospital, family planning
clinic, student health center, retail store, wholesaler,
manufacturer, mail-order vendor or other establishment with
Enrolled House Bill 3138 (HB 3138-A) Page 2
facilities located within or out of this state that is engaged in
dispensing, delivery or distribution of drugs within this state.
(13) 'Drug room' means a secure and lockable location within an
inpatient care facility that does not have a licensed pharmacy.
(14) 'Electronically transmitted' or 'electronic transmission'
means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or
mechanisms linked by telephone or microwave relays, or any
similar apparatus having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(15) 'Institutional drug outlet' means hospitals and inpatient
care facilities where medications are dispensed to another health
care professional for administration to patients served by the
hospitals or facilities.
(16) 'Intern' means a person who is enrolled in or has
completed a course of study at a school or college of pharmacy
approved by the board and who is licensed with the board as an
intern.
(17) 'Internship' means a professional experiential program
approved by the board under the supervision of a licensed
pharmacist registered with the board as a preceptor.
(18) 'Itinerant vendor' means a person who sells or distributes
nonprescription drugs by passing from house to house, or by
haranguing the people on the public streets or in public places,
or who uses the customary devices for attracting crowds,
recommending their wares and offering them for sale.
(19) 'Labeling' means the process of preparing and affixing of
a label to any drug container exclusive, however, of the labeling
by a manufacturer, packer or distributor of a nonprescription
drug or commercially packaged legend drug or device.
(20) 'Manufacture' means the production, preparation,
propagation, compounding, conversion or processing of a device or
a drug, either directly or indirectly by extraction from
substances of natural origin or independently by means of
chemical synthesis or by a combination of extraction and chemical
synthesis and includes any packaging or repackaging of the
substances or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a drug by an individual for their own use or the preparation,
compounding, packaging or labeling of a drug:
(a) By a practitioner as an incident to administering or
dispensing of a drug in the course of professional practice; or
(b) By a practitioner or by the practitioner's authorization
under supervision of the practitioner for the purpose of or as an
incident to research, teaching or chemical analysis and not for
sale.
(21) 'Manufacturer' means a person engaged in the manufacture
of drugs.
(22) 'Nonprescription drug outlet' means shopkeepers and
itinerant vendors registered under ORS 689.305.
(23) 'Nonprescription drugs' means drugs which may be sold
without a prescription and which are prepackaged for use by the
consumer and labeled in accordance with the requirements of the
statutes and regulations of this state and the federal
government.
(24) 'Person' means an individual, corporation, partnership,
association or any other legal entity.
(25) 'Pharmacist' means an individual licensed by this state to
engage in the practice of pharmacy.
Enrolled House Bill 3138 (HB 3138-A) Page 3
(26) 'Pharmacy' means a place that meets the requirements of
rules of the board, is licensed and approved by the board where
the practice of pharmacy may lawfully occur and includes
apothecaries, drug stores, dispensaries, hospital outpatient
pharmacies, pharmacy departments and prescription laboratories
but does not include a place used by a manufacturer or
wholesaler.
(27) 'Pharmacy technician' means a person licensed by the State
Board of Pharmacy who assists the pharmacist in the practice of
pharmacy pursuant to rules of the board.
(28) 'Practice of pharmacy' means:
(a) The interpretation and evaluation of prescription orders;
(b) The compounding, dispensing and labeling of drugs and
devices, except labeling by a manufacturer, packer or distributor
of nonprescription drugs and commercially packaged legend drugs
and devices;
(c) The { + prescribing and + } administering of vaccines and
immunizations pursuant to ORS 689.645;
(d) The administering of drugs and devices to the extent
permitted under ORS 689.655;
(e) The participation in drug selection and drug utilization
reviews;
(f) The proper and safe storage of drugs and devices and the
maintenance of proper records therefor;
(g) The responsibility for advising, where necessary or where
regulated, of therapeutic values, content, hazards and use of
drugs and devices;
(h) The monitoring of therapeutic response or adverse effect to
drug therapy; and
(i) The offering or performing of those acts, services,
operations or transactions necessary in the conduct, operation,
management and control of pharmacy.
(29) 'Practitioner' means a person licensed and operating
within the scope of such license to prescribe, dispense, conduct
research with respect to or administer drugs in the course of
professional practice or research:
(a) In this state; or
(b) In another state or territory of the United States if the
person does not reside in Oregon and is registered under the
federal Controlled Substances Act.
(30) 'Preceptor' means a pharmacist or a person licensed by the
board to supervise the internship training of a licensed intern.
(31) 'Prescription drug' or 'legend drug' means a drug which
is:
(a) Required by federal law, prior to being dispensed or
delivered, to be labeled with either of the following statements:
(A) 'Caution: Federal law prohibits dispensing without
prescription'; or
(B) 'Caution: Federal law restricts this drug to use by or on
the order of a licensed veterinarian'; or
(b) Required by any applicable federal or state law or
regulation to be dispensed on prescription only or is restricted
to use by practitioners only.
(32) 'Prescription' or 'prescription drug order' means a
written, oral or electronically transmitted direction, given by a
practitioner authorized to prescribe drugs, for the preparation
and use of a drug. When the context requires, 'prescription '
also means the drug prepared under such written, oral or
electronically transmitted direction.
Enrolled House Bill 3138 (HB 3138-A) Page 4
(33) 'Retail drug outlet' means a place used for the conduct of
the retail sale, administering or dispensing or compounding of
drugs or chemicals or for the administering or dispensing of
prescriptions and licensed by the board as a place wherein the
practice of pharmacy may lawfully occur.
(34) 'Shopkeeper' means a business or other establishment, open
to the general public, for the sale or nonprofit distribution of
drugs.
(35) 'Unit dose' means a sealed single-unit container so
designed that the contents are administered to the patient as a
single dose, direct from the container. Each unit dose container
must bear a separate label, be labeled with the name and strength
of the medication, the name of the manufacturer or distributor,
an identifying lot number and, if applicable, the expiration date
of the medication.
(36) 'Wholesale drug outlet' means any person who imports,
stores, distributes or sells for resale any drugs including
legend drugs and nonprescription drugs.
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
Passed by House March 28, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 23, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3138 (HB 3138-A) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3138 (HB 3138-A) Page 6
