Bill Text: OR SB136 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to prescription drugs.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-06-06 - Effective date, January 1, 2014. [SB136 Detail]

Download: Oregon-2013-SB136-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1415

                         Senate Bill 136

Sponsored by Senator MONNES ANDERSON (Presession filed.)

                             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.

  Provides that Oregon State Board of Nursing may authorize
certified registered nurse anesthetists to write prescriptions
and dispense prescription drugs.

                        A BILL FOR AN ACT
Relating to prescription drugs; creating new provisions; and
  amending ORS 678.390.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 678.390 is amended to read:
  678.390.  { + (1) As used in this section, 'nurse' means a
certified nurse practitioner, certified clinical nurse specialist
or certified registered nurse anesthetist as defined in ORS
678.245. + }
    { - (1) - }   { + (2) + } The Oregon State Board of Nursing
may   { - grant to a certified nurse practitioner or certified
clinical nurse specialist the privilege of writing - }
 { + authorize a nurse to write + } prescriptions, including
prescriptions for controlled substances listed in schedules II,
III, III N, IV and V.
    { - (2) - }   { + (3) + } A   { - certified nurse
practitioner or certified clinical nurse specialist - }
 { + nurse + } 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 - }   { + approving an
application submitted by a nurse + } to dispense prescription
drugs   { - to the patients of the applicant - } .
    { - (3) - }   { + (4) + } 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 - }   { + evidence + } of a lack of readily
available access to pharmacy services in the   { - practice area
of the applicant - }  { +  area in which the applicant
practices + } and  { + evidence + } that the lack of access would
be corrected by   { - granting authority - }   { + authorizing
the applicant + } 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  { + a + } financial barrier to access, including
 { - but not limited to - }  receiving services from a health
care safety net clinic or 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) - }   { + (5) + } 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 - }
 { + nurse must be personally dispensed by the nurse + }, 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 - }   { + nurse + }; and
  (b) The prescription drug is labeled with the name of the
patient to whom it is being dispensed.
    { - (5) - }   { + (6) + } The Oregon State Board of Nursing
shall adopt rules requiring:
  (a)  { + Prescription + } drugs dispensed by   { - certified
nurse practitioners and certified clinical nurse specialists - }
 { + nurses + } 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  { + prescription + } drugs
dispensed by
  { - certified nurse practitioners and certified clinical nurse
specialists - }   { + nurses + } that are the same as labeling
requirements required of pharmacies licensed under ORS chapter
689;
  (c) Record keeping requirements for prescriptions and  { +
prescription + } drug dispensing by a   { - certified nurse
practitioner and a certified clinical nurse specialist - }
 { + nurse + } 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 - }
 { + nurse + } 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 - }
 { + nurse + } 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.
    { - (6) - }   { + (7) + } The Oregon State Board of Nursing
has sole disciplinary authority regarding   { - certified nurse
practitioners and certified clinical nurse specialists - }
 { + nurses + } who have  { +  prescription + } drug dispensing
authority.

    { - (7) - }   { + (8) + } The   { - privilege of writing
prescriptions and dispensing - }   { + authority to write
prescriptions or dispense prescription + } drugs may be denied,
suspended or revoked by the Oregon State Board of Nursing upon
proof that the   { - privilege - }  { + authority + } 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 - }  { +  nurse + } in the same manner
as a licensee may be disciplined under ORS 678.111.
  SECTION 2.  { + Nothing in the amendments to ORS 678.390 by
section 1 of this 2013 Act affects the authority of a certified
registered nurse anesthetist, as defined in ORS 678.245, to
select, order and administer controlled substances in connection
with the delivery of anesthesia services, and a certified
registered nurse anesthetist may obtain and renew certification
with the Oregon State Board of Nursing without prescriptive
authority. + }
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