Bill Text: OR SB1565 | 2012 | Regular Session | Introduced

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

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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-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 241

                        Senate Bill 1565

Sponsored by Senator COURTNEY (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.

  Permits supervising physician or supervising physician
organization to apply to Oregon Medical Board for dispensing
authority for physician assistant. Requires supervising physician
or supervising physician organization to register facility from
which physician assistant will dispense as drug outlet with State
Board of Pharmacy.
  Removes limitation providing that Oregon State Board of Nursing
may grant dispensing authority only to nurse practitioner in area
that lacks readily available access to pharmacy services.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to dispensing of drugs; creating new provisions;
  amending ORS 677.510, 677.515, 677.545, 678.390, 689.005 and
  689.305; 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, 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.
  (4) Drugs dispensed by a physician assistant with dispensing
authority under this section must be personally dispensed by the
physician assistant. + }
  SECTION 3. ORS 689.005 is amended to read:
  689.005. As used in this chapter:
  (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
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.
  (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) 'Practitioner dispensing drug outlet' means a drug
outlet from which a physician assistant licensed under ORS
677.505 to 677.525 is engaged in the dispensing of drugs. + }
    { - (30) - }   { + (31) + } 'Preceptor' means a pharmacist or
a person licensed by the board to supervise the internship
training of a licensed intern.
    { - (31) - }   { + (32) + } '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) - }   { + (33) + } '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.
    { - (33) - }   { + (34) + } '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) - }   { + (35) + } 'Shopkeeper' means a business or
other establishment, open to the general public, for the sale or
nonprofit distribution of drugs.
    { - (35) - }   { + (36) + } '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) - }   { + (37) + } 'Wholesale drug outlet' means any
person who imports, stores, distributes or sells for resale any
drugs including legend drugs and nonprescription drugs.
  SECTION 4. ORS 689.305 is amended to read:
  689.305. (1) All drug outlets shall annually register with the
State Board of Pharmacy.
  (2)(a) Each drug outlet shall apply for a certificate of
registration in one or more of the following classifications:
  (A) Retail drug outlet.
  (B) Institutional drug outlet.
  (C) Manufacturing drug outlet.
  (D) Wholesale drug outlet.
  (E) Nonprescription drug outlet.
   { +  (F) Practitioner dispensing drug outlet. + }
  (b) No individual who is employed by a corporation which is
registered under any classification listed in paragraph (a) of
this subsection need register under the provisions of this
section.
  (3) The board shall establish by rule under the powers granted
to it under ORS 689.155 and 689.205 the criteria which each drug
outlet must meet to qualify for registration in each
classification designated in subsection (2)(a) of this section.
The board may issue various types of certificates of registration
with varying restrictions to the designated outlets where the
board deems it necessary by reason of the type of drug outlet
requesting a certificate.
  (4) It shall be lawful for a drug outlet registered under this
section to sell and distribute nonprescription drugs. Drug
outlets engaging in the sale and distribution of such items shall
not be deemed to be improperly engaged in the practice of
pharmacy.
  SECTION 5. 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.
  (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.
  (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 6. 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
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 7. 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
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 8. ORS 678.390 is amended to read:
  678.390. (1) The Oregon State Board of Nursing may grant to a
certified nurse practitioner or certified clinical nurse
specialist the privilege of writing prescriptions, including
prescriptions for controlled substances listed in schedules II,
III, III N, IV and V.
  (2) A certified nurse practitioner or certified clinical nurse
specialist 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 to dispense prescription drugs to the
patients of the applicant.
  (3) An application for the authority to dispense prescription
drugs as authorized under subsection   { - (1) - }   { + (2) + }
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 of a lack of readily available access to pharmacy
services in the practice area of the applicant and that the lack
of access would be corrected by granting authority 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 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) - }   { + (b) + } Any other information required by
the Oregon State Board of Nursing.

  (4) Prescription drugs dispensed by a certified nurse
practitioner or certified clinical nurse specialist
 { - shall - }   { + must + } be personally dispensed by the
certified nurse practitioner or certified clinical nurse
specialist, 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; and
  (b) The prescription drug is labeled with the name of the
patient to whom it is being dispensed.
  (5) The Oregon State Board of Nursing shall adopt rules
requiring:
  (a) Drugs dispensed by certified nurse practitioners and
certified clinical nurse specialists 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 drugs dispensed by certified
nurse practitioners and certified clinical nurse specialists that
are the same as labeling requirements required of pharmacies
licensed under ORS chapter 689;
  (c) Record keeping requirements for prescriptions and drug
dispensing by a certified nurse practitioner and a certified
clinical nurse specialist 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 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 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) The Oregon State Board of Nursing has sole disciplinary
authority regarding certified nurse practitioners and certified
clinical nurse specialists who have drug dispensing authority.
  (7) The privilege of writing prescriptions and dispensing drugs
may be denied, suspended or revoked by the Oregon State Board of
Nursing upon proof that the privilege 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 in the same manner as a licensee may be
disciplined under ORS 678.111.
  SECTION 9.  { + (1) Section 2 of this 2012 Act and the
amendments to ORS 677.510, 677.515, 677.545, 678.390, 689.005 and
689.305 by sections 3 to 8 of this 2012 Act become operative on
June 1, 2012.
  (2) The Oregon Medical Board, the State Board of Pharmacy and
the Oregon State Board of Nursing 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, 677.545, 678.390, 689.005 and 689.305 by
sections 3 to 8 of this 2012 Act. + }
  SECTION 10.  { + 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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