Bill Text: OR SB1565 | 2012 | Regular Session | Enrolled
Bill Title: Relating to dispensing of drugs; and declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2012-03-13 - Effective date, March 5, 2012. [SB1565 Detail]
Download: Oregon-2012-SB1565-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1565
Sponsored by Senator COURTNEY; Representatives GREENLICK,
KENNEMER, NATHANSON (Presession filed.)
CHAPTER ................
AN ACT
Relating to dispensing of drugs; creating new provisions;
amending ORS 677.510, 677.515 and 677.545; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 677.495 to 677.545. + }
SECTION 2. { + (1)(a) A supervising physician or supervising
physician organization may apply to the Oregon Medical Board for
authority for a physician assistant to dispense drugs specified
by the supervising physician or supervising physician
organization.
(b) Notwithstanding paragraph (a) of this subsection, and
except as permitted under ORS 677.515 (4), a physician assistant
may not dispense controlled substances classified in schedules I
through IV under the federal Controlled Substances Act, 21 U.S.C.
811 and 812, as modified under ORS 475.035.
(2) The board shall adopt rules establishing standards and
qualifications for physician assistants with dispensing
authority. The rules must require:
(a) A physician assistant seeking dispensing authority to
complete a drug dispensing training program; and
(b) The supervising physician or supervising physician
organization that applies for dispensing authority for a
physician assistant to:
(A) Provide the board with a plan for drug delivery and
control;
(B) Submit an annual report to the board on the physician
assistant's use of dispensing authority;
(C) Submit to the board a list of the drugs or classes of drugs
that the supervising physician or supervising physician
organization proposes to authorize the physician assistant to
dispense; and
(D) Submit to the board documentation showing that the
supervising physician or supervising physician organization has
registered the facility from which the physician assistant will
dispense drugs as a drug outlet with the State Board of Pharmacy
under ORS 689.305.
(3) The Oregon Medical Board and the State Board of Pharmacy
shall jointly develop a drug dispensing training program for
physician assistants and adopt that program by rule.
Enrolled Senate Bill 1565 (SB 1565-A) Page 1
(4) A supervising physician or supervising physician
organization that supervises a physician assistant with
dispensing authority shall comply with rules adopted by the State
Board of Pharmacy relating to registration, acquisition, storage,
integrity, security, access, dispensing and disposal of drugs,
record keeping and consultation with pharmacists.
(5) Drugs dispensed by a physician assistant with dispensing
authority under this section must be personally dispensed by the
physician assistant. + }
SECTION 3. ORS 677.510 is amended to read:
677.510. (1) A person licensed to practice medicine under this
chapter may not use the services of a physician assistant without
the prior approval of the Oregon Medical Board.
(2) A supervising physician or a supervising physician
organization may apply to the board to use the services of a
physician assistant. The application { - shall - } { +
must + }:
(a) If the applicant is not a supervising physician
organization, state the name and contact information of the
supervising physician;
(b) If the applicant is a supervising physician organization:
(A) State the names and contact information of all supervising
physicians; and
(B) State the name of the primary supervising physician
required by subsection (5) of this section;
(c) Generally describe the medical services provided by each
supervising physician;
(d) Contain a statement acknowledging that each supervising
physician has reviewed statutes and rules relating to the
practice of physician assistants and the role of a supervising
physician; and
(e) Provide such other information in such a form as the board
may require.
(3) The board shall approve or reject an application within
seven working days after the board receives the application,
unless the board is conducting an investigation of the
supervising physician or of any of the supervising physicians in
a supervising physician organization applying to use the services
of a physician assistant.
(4) A supervising physician organization shall provide the
board with a list of the supervising physicians in the
supervising physician organization. The supervising physician
organization shall continually update the list and notify the
board of any changes.
(5) A supervising physician organization shall designate a
primary supervising physician and notify the board in the manner
prescribed by the board.
(6)(a) A physician assistant may not practice medicine until
the physician assistant enters into a practice agreement with a
supervising physician or supervising physician organization whose
application has been approved under subsection (3) of this
section. The practice agreement must:
(A) Include the name, contact information and license number of
the physician assistant and each supervising physician.
(B) Describe the degree and methods of supervision that the
supervising physician or supervising physician organization will
use. The degree of supervision, whether general, direct or
personal, must be based on the level of competency of the
physician assistant as judged by the supervising physician.
Enrolled Senate Bill 1565 (SB 1565-A) Page 2
(C) Generally describe the medical duties delegated to the
physician assistant.
(D) Describe the services or procedures common to the practice
or specialty that the physician assistant is not permitted to
perform.
(E) Describe the prescriptive and medication administration
privileges that the physician assistant will exercise.
(F) Provide the list of settings and licensed facilities in
which the physician assistant will provide services.
(G) State that the physician assistant and each supervising
physician is in full compliance with the laws and regulations
governing the practice of medicine by physician assistants,
supervising physicians and supervising physician organizations
and acknowledge that violation of laws or regulations governing
the practice of medicine may subject the physician assistant and
supervising physician or supervising physician organization to
discipline.
(H) Be signed by the supervising physician or the primary
supervising physician of the supervising physician organization
and by the physician assistant.
(I) Be updated at least every two years.
(b) The supervising physician or supervising physician
organization shall provide the board with a copy of the practice
agreement within 10 days after the physician assistant begins
practice with the supervising physician or supervising physician
organization. The supervising physician or supervising physician
organization shall keep a copy of the practice agreement at the
practice location and make a copy of the practice agreement
available to the board on request. The practice agreement is not
subject to board approval, but the board may request a meeting
with a supervising physician or supervising physician
organization and a physician assistant to discuss a practice
agreement.
(7) A physician assistant's supervising physician shall ensure
that the physician assistant is competent to perform all duties
delegated to the physician assistant. The supervising physician
or supervising physician organization and the physician assistant
are responsible for ensuring the competent practice of the
physician assistant.
(8) A supervising physician or the agent of a supervising
physician must be competent to perform the duties delegated to
the physician assistant by the supervising physician or by a
supervising physician organization.
(9) The board may not require that a supervising physician be
physically present at all times when the physician assistant is
providing services, but may require that:
(a) The physician assistant have access to personal or
telephone communication with a supervising physician when the
physician assistant is providing services; and
(b) The proximity of a supervising physician and the methods
and means of supervision be appropriate to the practice setting
and the patient conditions treated in the practice setting.
(10)(a) A supervising physician organization may supervise any
number of physician assistants. The board may not adopt rules
limiting the number of physician assistants that a supervising
physician organization may supervise.
(b) A physician assistant who is supervised by a supervising
physician organization may be supervised by any of the
supervising physicians in the supervising physician organization.
Enrolled Senate Bill 1565 (SB 1565-A) Page 3
(11) If a physician assistant is not supervised by a
supervising physician organization, the physician assistant may
be supervised by no more than four supervising physicians, unless
the board approves a request from the physician assistant, or
from a supervising physician, for the physician assistant to be
supervised by more than four supervising physicians.
(12) A supervising physician who is not acting as part of a
supervising physician organization may supervise four physician
assistants, unless the board approves a request from the
supervising physician or from a physician assistant for the
supervising physician to supervise more than four physician
assistants.
(13) A supervising physician who is not acting as part of a
supervising physician organization may designate a physician to
serve as the agent of the supervising physician for a
predetermined period of time.
(14) A physician assistant may render services in any setting
included in the practice agreement.
{ - (15) A physician assistant may apply to the board for
emergency drug dispensing authority. The board shall consider the
criteria adopted by the Physician Assistant Committee under ORS
677.545 (4) in reviewing the application. A physician assistant
with emergency drug dispensing authority may dispense only drugs
that have been prepared or prepackaged by a licensed pharmacist,
manufacturing drug outlet or wholesale drug outlet authorized to
do so under ORS chapter 689. - }
{ - (16) - } { + (15) + } A physician assistant for whom an
application under this section has been approved by the board on
or after January 2, 2006, shall submit to the board, within 24
months after the approval, documentation of completion of:
(a) A pain management education program approved by the board
and developed in conjunction with the Pain Management Commission
established under ORS 413.570; or
(b) An equivalent pain management education program, as
determined by the board.
SECTION 4. ORS 677.515 is amended to read:
677.515. (1) A physician assistant licensed under ORS 677.512
may provide any medical service, including prescribing and
administering controlled substances in schedules II through V
under the federal Controlled Substances Act:
(a) That is delegated by the physician assistant's supervising
physician or supervising physician organization;
(b) That is within the scope of practice of the physician
assistant;
(c) That is within the scope of practice of the supervising
physician or supervising physician organization;
(d) That is provided under the supervision of the supervising
physician or supervising physician organization;
(e) That is generally described in and in compliance with the
practice agreement; and
(f) For which the physician assistant has obtained informed
consent as provided in ORS 677.097, if informed consent is
required.
(2) This chapter does not prohibit a student enrolled in a
program for educating physician assistants approved by the board
from rendering medical services if the services are rendered in
the course of the program.
(3) The degree of independent judgment that a physician
assistant may exercise shall be determined by the supervising
Enrolled Senate Bill 1565 (SB 1565-A) Page 4
physician, or supervising physician organization, and the
physician assistant in accordance with the practice agreement.
(4) A supervising physician, upon the approval of the board and
in accordance with the rules established by the board, may
delegate to the physician assistant the authority to administer
and { - dispense limited emergency medications and to - }
prescribe medications pursuant to this section and ORS 677.535 to
677.545.
{ - Neither - } The board { - nor - } { + and + } the
Physician Assistant Committee
{ - shall - } { + may not + } limit the privilege of
administering, dispensing and prescribing to population groups
federally designated as underserved, or to geographic areas of
the state that are federally designated health professional
shortage areas, federally designated medically underserved areas
or areas designated as medically disadvantaged and in need of
primary health care providers by the Director of the Oregon
Health Authority or the Office of Rural Health. All prescriptions
written pursuant to this subsection { - shall - }
{ + must + } bear the name, office address and telephone number
of the supervising physician.
(5) This chapter does not require or prohibit a physician
assistant from practicing in a hospital licensed pursuant to ORS
441.015 to 441.089.
(6) Prescriptions for medications prescribed by a physician
assistant in accordance with this section and ORS 475.005,
677.010, 677.500, 677.510 and 677.535 to 677.545 and dispensed by
a licensed pharmacist may be filled by the pharmacist according
to the terms of the prescription, and the filling of such a
prescription does not constitute evidence of negligence on the
part of the pharmacist if the prescription was dispensed within
the reasonable and prudent practice of pharmacy.
SECTION 5. ORS 677.545 is amended to read:
677.545. The Physician Assistant Committee shall:
(1) Review and make recommendations to the Oregon Medical Board
regarding all matters relating to physician assistants, including
but not limited to:
(a) Applications for licensure;
(b) Disciplinary proceedings; and
(c) Renewal requirements.
{ - (2) Review applications of physician assistants for
dispensing privileges. - }
{ - (3) - } { + (2) + } Recommend approval or disapproval
of applications submitted under subsection (1) { - or (2) - }
of this section to the board.
{ - (4) Recommend criteria to be used in granting dispensing
privileges under ORS 677.515. - }
{ - (5) - } { + (3) + } Review the criteria for
prescriptive privileges that may include all or parts of
Schedules II, III, IV and V controlled substances and the
procedures for physician assistants, supervising physicians and
supervising physician organizations to follow in exercising the
prescriptive privileges. A statement regarding Schedule II
controlled substances prescriptive privileges must be included in
the practice agreement. The Schedule II controlled substances
prescriptive privileges of a physician assistant { - shall
be - } { + are + } limited by the practice agreement and may be
restricted further by the supervising physician or supervising
physician organization at any time. The supervising physician or
supervising physician organization shall notify the physician
Enrolled Senate Bill 1565 (SB 1565-A) Page 5
assistant and the board of any additional restrictions imposed by
the supervising physician or supervising physician organization.
To be eligible for Schedule II controlled substances prescriptive
privileges, a physician assistant must be certified by the
National Commission on Certification of Physician Assistants and
must complete all required continuing medical education
coursework.
SECTION 6. { + (1) Section 2 of this 2012 Act and the
amendments to ORS 677.510, 677.515 and 677.545 by sections 3 to 5
of this 2012 Act become operative on June 1, 2012.
(2) The Oregon Medical Board and the State Board of Pharmacy
may take any action on or before the operative date specified in
subsection (1) of this section that is necessary to enable the
boards to exercise, on and after the operative date specified in
subsection (1) of this section, all of the duties, functions and
powers conferred on the boards by section 2 of this 2012 Act and
the amendments to ORS 677.510, 677.515 and 677.545 by sections 3
to 5 of this 2012 Act. + }
SECTION 7. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by Senate February 10, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 22, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1565 (SB 1565-A) Page 6
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1565 (SB 1565-A) Page 7
