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 1449
Senate Bill 8
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.
Removes certain restrictions on authority of certified nurse
practitioner or certified clinical nurse specialist to dispense
prescription drugs.
A BILL FOR AN ACT
Relating to prescription drugs; 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) The Oregon State Board of Nursing may { - grant
to - } { + authorize + } a certified nurse practitioner or
certified clinical nurse specialist { - the privilege of
writing - } { + to write + } 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 - }
{ + approving + } an application { - from - } { + submitted
by + } 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) 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
{ - . - } { + ; and + }
{ - (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) { + Prescription + } 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 { + prescription + } 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 { +
prescription + } 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 { + prescription + } drug
dispensing authority.
(7) 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 in the same manner as a licensee may be
disciplined under ORS 678.111.
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