Bill Text: OR HB2740 | 2013 | Regular Session | Enrolled

Oregon House Bill 2740 (Prior Session Legislation)

Bill Title: Relating to the Charitable Prescription Drug Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-05-13 - Chapter 95, (2013 Laws): Effective date January 1, 2014. [HB2740 Detail]

Download: Oregon-2013-HB2740-Enrolled.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2740

Sponsored by Representative GELSER

                     CHAPTER ................

                             AN ACT

Relating to the Charitable Prescription Drug Program; amending
  ORS 689.772.

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

  SECTION 1. ORS 689.772 is amended to read:
  689.772. (1) There is created in the State Board of Pharmacy
the Charitable Prescription Drug Program. The purpose of the
program is to distribute donated prescription drugs to needy or
uninsured individuals. Participation in the program is voluntary.
  (2) The program may accept and distribute:
  (a) Prescription drugs received in original, sealed,
tamper-evident packaging that displays the lot number and
expiration date of the drug; and
  (b) Sealed single unit dose packages received in opened
packages containing multiple single unit doses.
  (3) { + (a) Except as provided in paragraph (b) of this
subsection, + } the program may not distribute donated
prescription drugs that:
    { - (a) - }   { + (A) + } Fail to meet the requirements of
this section;
    { - (b) - }   { + (B) + } Bear an expiration date that is
less than nine months from the date the drug is donated;
    { - (c) - }   { + (C) + } Are adulterated or misbranded; or
    { - (d) - }   { + (D) + } Belong to a category of controlled
substances that may not be distributed under the program as
adopted by the board by rule pursuant to ORS 689.774.
   { +  (b) The board may waive a requirement of this subsection
if the board determines that the waiver is in the interest of
public health and safety. A waiver under this subsection must be
issued in writing in accordance with rules adopted by the
board. + }
  (4) The program shall:
  (a) Require a donor of prescription drugs to complete and sign
a donor form, adopted by rule by the board, releasing the
prescription drug to the program for distribution under the
program and certifying that the donated drug has been properly
stored and has never been opened, used, adulterated or
misbranded;
  (b) Require that the pharmacist will use professional judgment,
based on a visual inspection, to verify compliance with this
section and rules adopted by the board under ORS 689.774;

Enrolled House Bill 2740 (HB 2740-INTRO)                   Page 1

  (c) Properly dispose of all prescription drugs that do not meet
the requirements of this section and rules adopted by the board
under ORS 689.774;
  (d) Maintain separate confidential files for individuals
receiving donated prescription drugs through the program;
  (e) Eliminate personal information from the labels of donated
prescription drugs;
  (f) Maintain an inventory of donated prescription drugs
separate from any other inventory;
  (g) Store donated prescription drugs in a secure location to be
used exclusively for the program;
  (h) Report to the board on the activities of the program in the
form and manner required by the board; and
  (i) Require a recipient of a donated prescription drug to sign
a form, as adopted by the board by rule, attesting that the
recipient has been notified by the program that:
  (A) The prescription drug distributed to the recipient was
donated to the program;
  (B) A visual inspection was conducted by a pharmacist to ensure
that the drug has not expired, been adulterated or misbranded and
is in its original, sealed packaging;
  (C) A pharmacist has determined that the drug is safe to
distribute based on the accuracy of the donor's form and the
visual inspection by the pharmacist; and
  (D) Participants in the program are immune from liability as
provided in ORS 689.780.
  (5) The program may not charge a fee for accepting a donation
but may charge a fee established by the board by rule for
distributing a prescription drug.
  (6) The program may not sell any prescription drugs received as
a donation through the program.
  (7) The program may refuse to accept a prescription drug that,
upon visual inspection, appears not to qualify for distribution
under this section or rules adopted by the board under ORS
689.774.
  (8) The program may distribute donated prescription drugs to:
  (a) Another charitable prescription drug program; or
  (b) An individual with a new prescription for prescription
drugs who meets the requirements of ORS 689.778.
                         ----------

Passed by House March 11, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 2, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2740 (HB 2740-INTRO)                   Page 2

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 House Bill 2740 (HB 2740-INTRO)                   Page 3