Bill Text: OR SB167 | 2013 | Regular Session | Enrolled
Bill Title: Relating to administration of vaccines.
Spectrum: Committee Bill
Status: (Passed) 2013-06-13 - Effective date, January 1, 2014. [SB167 Detail]
Download: Oregon-2013-SB167-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 167
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Health Care, Human Services and Rural Health Policy)
CHAPTER ................
AN ACT
Relating to administration of vaccines; creating new provisions;
and amending ORS 433.441, 433.443 and 689.645.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 433.110 to 433.770. + }
SECTION 2. { + During a disease outbreak, as defined in ORS
431.260, the Public Health Director may authorize pharmacists
licensed under ORS chapter 689 to administer vaccines to persons
who are three years of age or older for a specified period of
time if the Public Health Director determines that such
authorization is necessary to protect the public's health. + }
SECTION 3. ORS 433.441 is amended to read:
433.441. (1) Upon the occurrence of a public health emergency,
the Governor may declare a state of public health emergency as
authorized by ORS 433.441 to 433.452 to protect the public
health.
(2) A proclamation of a state of public health emergency must
specify:
(a) The nature of the public health emergency;
(b) The political subdivision or geographic area subject to the
proclamation;
(c) The conditions that have brought about the public health
emergency; and
(d) The duration of the state of public health emergency, if
the duration is less than 14 days.
(3) During a public health emergency, the Governor may:
(a) Close, order the evacuation of or the decontamination of
any facility the Governor has reasonable cause to believe may
endanger the public health.
(b) Regulate or restrict by any means necessary the use, sale
or distribution of food, fuel, medical supplies, medicines or
other goods and services.
(c) Prescribe modes of transportation, routes and destinations
required for the evacuation of individuals or the provision of
emergency services.
(d) Control or limit entry into, exit from, movement within and
the occupancy of premises in any public area subject to or
threatened by a public health emergency if such actions are
Enrolled Senate Bill 167 (SB 167-A) Page 1
reasonable and necessary to respond to the public health
emergency.
{ + (e) Authorize pharmacists licensed under ORS chapter 689
to administer vaccines to persons who are three years of age or
older. + }
{ - (e) - } { + (f) + } Take any other action that may be
necessary for the management of resources, or to protect the
public during a public health emergency, including any actions
authorized under ORS 401.168, 401.185, 401.188 and 401.192.
(4) Nothing in ORS 433.441 to 433.452 limits the authority of
the Governor to declare a state of emergency under ORS 401.165.
If a state of emergency is declared as authorized under ORS
401.165, the Governor may implement any action authorized by ORS
433.441 to 433.452.
(5) A proclamation of a state of public health emergency
expires when terminated by a declaration of the Governor or no
more than 14 days after the date the public health emergency is
proclaimed unless the Governor expressly extends the proclamation
for an additional 14-day period.
(6) When real or personal property is taken under power granted
by this section, the owner of the property shall be entitled to
reasonable compensation from the state.
SECTION 4. ORS 433.443 is amended to read:
433.443. (1) As used in this section:
(a) 'Covered entity' means:
(A) The Children's Health Insurance Program;
(B) The Family Health Insurance Assistance Program established
under ORS 414.842;
(C) A health insurer that is an insurer as defined in ORS
731.106 and that issues health insurance as defined in ORS
731.162;
(D) The state medical assistance program; and
(E) A health care provider.
(b) 'Health care provider' includes but is not limited to:
(A) A psychologist, occupational therapist, regulated social
worker, professional counselor or marriage and family therapist
licensed or otherwise authorized to practice under ORS chapter
675 or an employee of the psychologist, occupational therapist,
regulated social worker, professional counselor or marriage and
family therapist;
(B) A physician, podiatric physician and surgeon, physician
assistant or acupuncturist licensed under ORS chapter 677 or an
employee of the physician, podiatric physician and surgeon,
physician assistant or acupuncturist;
(C) A nurse or nursing home administrator licensed under ORS
chapter 678 or an employee of the nurse or nursing home
administrator;
(D) A dentist licensed under ORS chapter 679 or an employee of
the dentist;
(E) A dental hygienist or denturist licensed under ORS chapter
680 or an employee of the dental hygienist or denturist;
(F) A speech-language pathologist or audiologist licensed under
ORS chapter 681 or an employee of the speech-language pathologist
or audiologist;
(G) An emergency medical services provider licensed under ORS
chapter 682;
(H) An optometrist licensed under ORS chapter 683 or an
employee of the optometrist;
(I) A chiropractic physician licensed under ORS chapter 684 or
an employee of the chiropractic physician;
Enrolled Senate Bill 167 (SB 167-A) Page 2
(J) A naturopathic physician licensed under ORS chapter 685 or
an employee of the naturopathic physician;
(K) A massage therapist licensed under ORS 687.011 to 687.250
or an employee of the massage therapist;
(L) A direct entry midwife licensed under ORS 687.405 to
687.495 or an employee of the direct entry midwife;
(M) A physical therapist licensed under ORS 688.010 to 688.201
or an employee of the physical therapist;
(N) A medical imaging licensee under ORS 688.405 to 688.605 or
an employee of the medical imaging licensee;
(O) A respiratory care practitioner licensed under ORS 688.815
or an employee of the respiratory care practitioner;
(P) A polysomnographic technologist licensed under ORS 688.819
or an employee of the polysomnographic technologist;
(Q) A pharmacist licensed under ORS chapter 689 or an employee
of the pharmacist;
(R) A dietitian licensed under ORS 691.405 to 691.485 or an
employee of the dietitian;
(S) A funeral service practitioner licensed under ORS chapter
692 or an employee of the funeral service practitioner;
(T) A health care facility as defined in ORS 442.015;
(U) A home health agency as defined in ORS 443.005;
(V) A hospice program as defined in ORS 443.850;
(W) A clinical laboratory as defined in ORS 438.010;
(X) A pharmacy as defined in ORS 689.005;
(Y) A diabetes self-management program as defined in ORS
743A.184; and
(Z) Any other person or entity that furnishes, bills for or is
paid for health care in the normal course of business.
(c) 'Individual' means a natural person.
(d) 'Individually identifiable health information' means any
oral or written health information in any form or medium that is:
(A) Created or received by a covered entity, an employer or a
health care provider that is not a covered entity; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
(e) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a person, or agency legally responsible for the
welfare or support of a person.
(2)(a) During a public health emergency declared under ORS
433.441, the Public Health Director may, as necessary to
appropriately respond to the public health emergency:
(A) Adopt reporting requirements for and provide notice of
those requirements to health care providers, institutions and
facilities for the purpose of obtaining information directly
related to the public health emergency;
(B) After consultation with appropriate medical experts, create
and require the use of diagnostic and treatment protocols to
respond to the public health emergency and provide notice of
those protocols to health care providers, institutions and
facilities;
Enrolled Senate Bill 167 (SB 167-A) Page 3
(C) Order, or authorize local public health administrators to
order, public health measures appropriate to the public health
threat presented;
{ + (D) Authorize pharmacists licensed under ORS chapter 689
to administer vaccines to persons who are three years of age or
older; + }
{ - (D) - } { + (E) + } Upon approval of the Governor, take
other actions necessary to address the public health emergency
and provide notice of those actions to health care providers,
institutions and facilities, including public health actions
authorized by ORS 431.264;
{ - (E) - } { + (F) + } Take any enforcement action
authorized by ORS 431.262, including the imposition of civil
penalties of up to $500 per day against individuals, institutions
or facilities that knowingly fail to comply with requirements
resulting from actions taken in accordance with the powers
granted to the Public Health Director under subparagraphs (A),
(B) and { - (D) - } { + (E) + } of this paragraph; and
{ - (F) - } { + (G) + } The authority granted to the Public
Health Director under this section:
(i) Supersedes any authority granted to a local public health
authority if the local public health authority acts in a manner
inconsistent with guidelines established or rules adopted by the
director under this section; and
(ii) Does not supersede the general authority granted to a
local public health authority or a local public health
administrator except as authorized by law or necessary to respond
to a public health emergency.
(b) The authority of the Public Health Director to take
administrative action, and the effectiveness of any action taken,
under paragraph (a)(A), (B) { - , (D), (E) and (F) - } { + and
(D) to (G) + } of this subsection terminates upon the expiration
of the proclaimed state of public health emergency, unless the
actions are continued under other applicable law.
(3) Civil penalties under subsection (2) of this section shall
be imposed in the manner provided in ORS 183.745. The Public
Health Director must establish that the individual, institution
or facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum
aggregate total for penalties that may be imposed against an
individual, institution or facility under subsection (2) of this
section is $500 for each day of violation, regardless of the
number of violations of subsection (2) of this section that
occurred on each day of violation.
(4)(a) During a proclaimed state of public health emergency,
the Public Health Director and local public health administrators
shall be given immediate access to individually identifiable
health information necessary to:
(A) Determine the causes of an illness related to the public
health emergency;
(B) Identify persons at risk;
(C) Identify patterns of transmission;
(D) Provide treatment; and
(E) Take steps to control the disease.
(b) Individually identifiable health information accessed as
provided by paragraph (a) of this subsection may not be used for
conducting nonemergency epidemiologic research or to identify
persons at risk for post-traumatic mental health problems, or for
any other purpose except the purposes listed in paragraph (a) of
this subsection.
Enrolled Senate Bill 167 (SB 167-A) Page 4
(c) Individually identifiable health information obtained by
the Public Health Director or local public health administrators
under this subsection may not be disclosed without written
authorization of the identified individual except:
(A) Directly to the individual who is the subject of the
information or to the legal representative of that individual;
(B) To state, local or federal agencies authorized to receive
such information by state or federal law;
(C) To identify or to determine the cause or manner of death of
a deceased individual; or
(D) Directly to a health care provider for the evaluation or
treatment of a condition that is the subject of a proclamation of
a state of public health emergency issued under ORS 433.441.
(d) Upon expiration of the state of public health emergency,
the Public Health Director or local public health administrators
may not use or disclose any individually identifiable health
information that has been obtained under this section. If a state
of emergency that is related to the state of public health
emergency has been declared under ORS 401.165, the Public Health
Director and local public health administrators may continue to
use any individually identifiable information obtained as
provided under this section until termination of the state of
emergency.
(5) All civil penalties recovered under this section shall be
paid into the State Treasury and credited to the General Fund and
are available for general governmental expenses.
(6) The Public Health Director may request assistance in
enforcing orders issued pursuant to this section from state or
local law enforcement authorities. If so requested by the Public
Health Director, state and local law enforcement authorities, to
the extent resources are available, shall assist in enforcing
orders issued pursuant to this section.
(7) If the Oregon Health Authority adopts temporary rules to
implement the provisions of this section, the rules adopted are
not subject to the provisions of ORS 183.335 (6)(a). The
authority may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health
emergency.
SECTION 5. ORS 689.645 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 { + :
(a) + } To persons who are { - at least - } 11 years of age
{ - . - } { + or older; or
(b) If authorized by the Governor under ORS 433.441 or the
Public Health Director under ORS 433.443 or section 2 of this
2013 Act, to a person three years of age or older. + }
(2) The board may adopt rules allowing a pharmacist to
prescribe vaccines { - to persons who are at least 11 years of
age - } { + under subsection (1) of this section + }. The rules
may { + be + } 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.
(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
Enrolled Senate Bill 167 (SB 167-A) Page 5
administration of vaccines { - to persons who are at least 11
years of age - } .
(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.
(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 - }
{ + under subsection (1) of this section + }.
(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 { + . The
committee may not include + }
{ - and no - } more than two pharmacists other than the
representatives from the State Board of Pharmacy.
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Passed by Senate March 7, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 30, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 167 (SB 167-A) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 167 (SB 167-A) Page 7
