justicedao/ipfs_state_laws huggingface dataset:
855-125-0001 Applicability (1) This Division applies to any individual who assists a Pharmacist in the practice of pharmacy. (2) Only persons licensed with the board as a Certified Oregon Pharmacy Technician or Pharmacy Technician may assist a Pharmacist in the practice of pharmacy and must act in compliance with statutes and rules under the supervision, direction, and control of a Pharmacist. (3) Only persons licensed with the board as a Certified Oregon Pharmacy Technician or Pharmacy Technician may perform final verification when delegated to do so by a Pharmacist and done in compliance with all applicable statutes and rules and under the supervision, direction, and control of that Pharmacist. (4) Only a person licensed as a Certified Oregon Pharmacy Technician may use the titles “Certified Oregon Pharmacy Technician” and “COPT.” Statutory/Other Authority: ORS 689.205 & ORS 689.225 Statutes/Other Implemented: ORS 689.225 & ORS 689.486 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0005 Definitions Placeholder Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0010 Licensure: Qualifications – Certified Oregon Pharmacy Technician or Pharmacy Technician (1) To qualify for licensure as a Certified Oregon Pharmacy Technician or Pharmacy Technician, an applicant must demonstrate that the applicant is at least 18 years of age and has completed high school (or equivalent). (2) To qualify for licensure as a Certified Oregon Pharmacy Technician, the applicant must also demonstrate that the applicant has taken and passed a national pharmacy technician certification examination offered by: (a) Pharmacy Technician Certification Board (PTCB); or (b) National Healthcareer Association (NHA). Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.225 & ORS 689.486 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0030 Licensure: Application - Certified Oregon Pharmacy Technician or Pharmacy Technician (1) An application for licensure as a Certified Oregon Pharmacy Technician or Pharmacy Technician may be accessed on the board website. (2) The board may issue a license to a qualified applicant after the receipt of a completed application including: (a) Payment of the fee prescribed in OAR 855-110; (b) A current, passport regulation size photograph (full front, head to shoulders); (c) Personal identification or proof of identity; (d) A completed national fingerprint-based background check; and (e) A completed moral turpitude statement or a written description and documentation regarding all conduct that is required to be disclosed. (3) An applicant for a Certified Oregon Pharmacy Technician license, must provide a passing result from PTCB or NHA on a national pharmacy technician certification examination. (4) Penalties may be imposed for: (a) Failure to completely and accurately answer each question on the application for licensure or renewal of licensure; (b) Failure to disclose any requested information on the application or requests resulting from the application; (c) Failure to respond to requests for information resulting from the application; (d) Any other grounds found in ORS 689.405 or ORS 689.490. (5) An application submitted to the board that is not complete within 90 days from applicant submission will be expired. Once expired, an applicant who wishes to continue with the application process must reapply by submitting a new application, along with all documentation, and all fees. While a new application and documentation is required, the board may still consider information that was provided in previous applications. (6) The license of a Certified Oregon Pharmacy Technician or Pharmacy Technician expires June 30 in even numbered years and may be renewed biennially. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.225 & ORS 689.486 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0035 Licensure: Renewal or Reinstatement Applications - Certified Oregon Pharmacy Technician or Pharmacy Technician (1) An applicant for renewal of a Certified Oregon Pharmacy Technician or Pharmacy Technician license must: (a) Pay the biennial license fee required in OAR 855-110; (b) Complete the continuing pharmacy education requirements as directed in OAR 855-135; (c) Be subject to an annual criminal background check; and (d) Provide a written description and documentation regarding all conduct that is required to be disclosed. (2) A Certified Oregon Pharmacy Technician or Pharmacy Technician who fails to renew their license by the expiration date and whose license has been lapsed for one year or less may apply to renew their license and must pay a late fee required in OAR 855-110. (3) A Certified Oregon Pharmacy Technician or Pharmacy Technician or who fails to renew their license by the expiration date and whose license has been lapsed for greater than one year may apply to reinstate their license as follows: (a) Must apply per OAR 855-125-0030; and (b) Provide certification of completion of 10 continuing education hours earned in the prior 12 months. These hours may not be counted toward a future renewal; and must include: (A) One hour of continuing pharmacy education in pharmacy law; (B) One hour of continuing pharmacy education in patient safety or error prevention; (C) One hour of continuing pharmacy education in cultural competency either approved by the Oregon Health Authority under ORS 413.450 or any cultural competency CPE; and (D) Seven other hours of pharmacy technician-specific continuing education. (4) Penalties may be imposed for: (a) Failure to completely and accurately answer each question on the application for licensure or renewal of licensure; (b) Failure to disclose any requested information on the application; (c) Failure to respond to requests for information resulting from the application; (d) Any other grounds found in ORS 689.405 or ORS 689.490. (5) Continued national certification is not required to renew a license as a Certified Oregon Pharmacy Technician. (6) Any person whose Certified Oregon Pharmacy Technician or Pharmacy Technician license has been suspended, revoked or restricted has the right, at reasonable intervals, to petition the board for reinstatement of such license pursuant to ORS 689.445 and in conjunction with the application process identified in OAR 855-125-0030. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 413.450, ORS 689.225, ORS 689.445 & ORS 689.486 History: BP 49-2024, minor correction filed 04/11/2024, effective 04/11/2024 BP 22-2024, minor correction filed 03/03/2024, effective 03/03/2024 BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0040 Licensure: Lapse (1) A Certified Oregon Pharmacy Technician or Pharmacy Technician may let their license lapse by failing to renew or request that the board accept the lapse of their license prior to the expiration date. (a) Lapse of a license is not discipline. (b) The board has jurisdiction to proceed with any investigation or any action or disciplinary proceeding against the licensee. (c) A person may not assist in the practice of pharmacy if the license is lapsed. (d) A person may apply for renewal or reinstatement according to OAR 855-125-0035. (2) If a person requests lapse prior to the expiration date of the license, the following applies: (a) The license remains in effect until the board accepts the lapse. (b) If the board accepts the lapse, the board will notify the licensee of the date the license terminates. (c) The board may not accept the lapse if an investigation of, or disciplinary action against the licensee is pending. (d) The licensee must return the license to the board within 10 days of the board accepting the lapse. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 23-2024, minor correction filed 03/03/2024, effective 03/03/2024 BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0050 Licensure: Voluntary Surrender A Certified Oregon Pharmacy Technician or Pharmacy Technician may request that the board accept the voluntary surrender of their license. (1) A voluntary surrender of a license is discipline. (2) The license remains in effect until the board accepts the surrender. (3) If the board accepts a request for voluntary surrender, the board will issue a final order terminating the license, signed by the licensee and a board representative. The termination date is the date is the order is signed by all parties and served on the licensee. (4) The licensee must cease assisting in the practice of pharmacy from the date the license terminates. (5) A voluntarily surrendered license may not be renewed. A former licensee who wants to obtain a license must apply for reinstatement per OAR 855-125-0035 unless the final order prohibits the licensee from doing so. (6) The board has jurisdiction to proceed with any investigation, action or disciplinary proceeding against the licensee. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.153 History: BP 24-2024, minor correction filed 03/03/2024, effective 03/03/2024 BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0105 Responsibilities: General - Certified Oregon Pharmacy Technician and Pharmacy Technician (1) Each Certified Oregon Pharmacy Technician and Pharmacy Technician is responsible for their own actions; however, this does not absolve the Pharmacist and the pharmacy from responsibility for the Certified Oregon Pharmacy Technician or Pharmacy Technician’s actions. (2) A Certified Oregon Pharmacy Technician or Pharmacy Technician may not engage in the practice of pharmacy as defined in ORS 689.005. (3) A Certified Oregon Pharmacy Technician and Pharmacy Technician must: (a) Comply with all state and federal laws and rules governing the practice of pharmacy; (b) Only assist in the practice of pharmacy under the supervision, direction, and control of a Pharmacist; (c) Know the identity of the Pharmacist who is providing supervision, direction and control at all times; (d) Only work within the scope of duties permitted by their license; (e) Only work within the scope of duties permitted by the Pharmacist providing supervision, direction and control; (f) Only perform duties they are trained to perform; (g) Appropriately perform the duties permitted; (h) Only access the pharmacy area when a Pharmacist is physically present at the Drug Outlet Pharmacy or when the Drug Outlet Pharmacy is operating under a Remote Dispensing Site Pharmacy (RDSP) registration and following the requirements in OAR 855-139; (i) Be clearly identified as a Certified Oregon Pharmacy Technician or Pharmacy Technician in all interactions and communications (e.g., nametag, phone interaction, chart notations); (j) Display in plain sight the Certified Oregon Pharmacy Technician or Pharmacy Technician license within the pharmacy or place of business to which it applies; (k) Ensure initial and ongoing training is completed that is commensurate with the tasks that the Certified Oregon Pharmacy Technician or Pharmacy Technician will perform, prior to the performance of those tasks and with each update to the written policies and procedures; (l) Review and adhere to written policies and procedures. The review must: (A) Occur prior to assisting in the practice of pharmacy; (B) Occur with each update; and (C) Be documented and records retained according to OAR 855-104-0055; and (m) Dispense and deliver prescriptions accurately and to the correct party. (4) A Certified Oregon Pharmacy Technician or Pharmacy Technician may perform final verification of the drug and dosage, device or product when: (a) The Pharmacist utilizes reasonable professional judgment to determine that a Certified Oregon Pharmacy Technician or Pharmacy Technician may perform final verification; (b) No discretion is needed; (c) The Pharmacist delegating final verification is supervising the Certified Oregon Pharmacy Technician or Pharmacy Technician; and (d) The Certified Oregon Pharmacy Technician or Pharmacy Technician is performing a physical final verification. Statutory/Other Authority: ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0110 Responsibilities: Confidentiality Each Certified Oregon Pharmacy Technician and Pharmacy Technician must comply with OAR 855-104-0015 regarding confidentiality. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0115 Responsibilities: Duty to Report Each Certified Oregon Pharmacy Technician and Pharmacy Technician must comply with OAR 855-104-0010 regarding duty to report. Statutory/Other Authority: ORS 689.455 Statutes/Other Implemented: ORS 689.455 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0135 Responsibilities: Permitted Practices Certified Oregon Pharmacy Technicians or Pharmacy Technicians: (1) Must only assist in the practice of pharmacy as authorized by the rules of the board and as permitted by the Pharmacist providing supervision, direction, and control. (2) Must ensure that work is verified by a Pharmacist if judgment is utilized when assisting in the practice of pharmacy. (3) May perform final verification as permitted under OAR 855-125-0105(4). Statutory/Other Authority: ORS 689.005 & ORS 689.225 Statutes/Other Implemented: ORS 689.151 & 2022 HB 4034 History: BP 18-2023, adopt filed 08/16/2023, effective 03/01/2024
855-125-0150 Prohibited Practices Each Certified Oregon Pharmacy Technician and Pharmacy Technician must not: (1) Engage in the practice of pharmacy as defined in ORS 689, except as permitted in OAR 855-125-0105(4), including but not limited to the following tasks: (a) Evaluate and interpret a prescription; (b) Conduct a Drug Utilization Review or Drug Regimen Review; (c) Consult with any prescriber, other healthcare professional or authorized agent regarding a patient and any medical information pertaining to the patient’s prescription that requires judgment; (d) Counsel a patient or the patient’s agent regarding a prescription; (e) Advise on therapeutic values, content, hazards and use of drugs and devices; (f) Interpret the clinical data in a patient record system or patient chart; (g) Conduct Medication Therapy Management; (h) Practice pursuant to a Clinical Pharmacy Agreement or Collaborative Drug Therapy Management; (i) Practice pursuant to Statewide Drug Therapy Management Protocols; (j) Prescribe a vaccine, drug or device; (k) Administer a drug or device; (l) Order, interpret or monitor a laboratory test; (m) Delegate tasks to healthcare providers; and (n) Deny the patient or the patient’s agent request to speak to the Pharmacist. (2) Assist in the practice of pharmacy unless permitted by the Pharmacist who is supervising, directing, and controlling the Certified Oregon Pharmacy Technician or Pharmacy Technician. (3) Perform any task while assisting in the practice of pharmacy that requires judgment unless it is verified by a Pharmacist. (4) Engage in any form of discrimination, harassment, intimidation, or assault in the workplace. (5) Refuse a request from a patient, patient’s agent, or practitioner to interact with a Pharmacist. Statutory/Other Authority: ORS 689.205 & ORS 689.225 Statutes/Other Implemented: ORS 689.155 History: BP 32-2023, adopt filed 12/19/2023, effective 03/01/2024
855-125-0305 Services: Vaccine Administration (1) A Certified Oregon Pharmacy Technician or Pharmacy Technician may perform the physical act of administering vaccines under the supervision of an appropriately trained and qualified Pharmacist: (a) To a person who is seven years of age or older; (b) To a person who is at least three years of age when; (A) The Governor declares a state of public health emergency and authorizes the reduced age limitation; or (B) The Public Health Director, during a declared disease outbreak, authorizes a reduction in the age limit. (2) A Certified Oregon Pharmacy Technician or Pharmacy Technician must: (a) Prior to administration of a vaccine, receive practical training that includes infection control, recognition of anatomical landmarks and competency in hands-on administration technique. (b) Prior to administration of a vaccine, hold active CPR certification issued by the American Heart Association or the American Red Cross or any other equivalent program that is specific to the age and population receiving the vaccine, contains a hands-on training component, and is valid for not more than three years. (3) Document the vaccine administration including but not limited to the vaccine administered, dose, expiration date, lot number, and injection site. (4) Notify the supervising Pharmacist immediately in the event of a suspected adverse reaction to a vaccine. (5) The training required in (2) may include programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college or school of pharmacy or state or local health department programs, training by an appropriately qualified practitioner, or programs approved by the board. (6) The records and forms required by this section must be filed in the pharmacy, made available to the board for inspection upon request, and must be retained for three years. Statutory/Other Authority: ORS 689.205 & 2023 HB 2486 Statutes/Other Implemented: ORS 689.151 & 2023 HB 2486 History: BP 30-2023, adopt filed 12/19/2023, effective 03/01/2024
855-135-0010 Continuing Pharmacy Education Programs: General Requirements (1) CPE programs must consist of subject matter pertinent to pharmacy including: (a) Socioeconomic aspects of healthcare; (b) Legal aspects of healthcare; (c) Properties and actions of drugs and dosage forms; (d) Etiology, characteristics, therapeutics, and prevention of disease states; or (e) General topics related to pharmacy. (2) Time spent in the following activities may be included in the calculation of CPE credit: (a) A program delivered by an instructor or a panel of instructors; (b) A structured CPE discussion, workshop or demonstration; (c) A structured CPE question and answer session; (d) An ACPE accredited program or board-approved program; (e) An ACCME AMA Category 1 accredited program or AAVSB-RACE approved medical program up to the following limits per renewal cycle: (A) 10 hours of CPE for Pharmacists; (B) 6 hours of CPE for Certified Oregon Pharmacy Technicians and Pharmacy Technicians. (f) A policy discussion at an Oregon Board of Pharmacy meeting up to a maximum of 2 hours of law CPE per renewal cycle. (3) Time spent in the following activities must not be included in the calculation of CPE credit: (a) Welcoming remarks; (b) Meals or social functions; (c) Business sessions (e.g. voting, treasury report, strategic plan); (d) Unstructured discussion, workshops, and demonstrations; (e) Unstructured question and answer sessions; (f) Degree programs; (g) Non-ACPE approved certificate programs; (h) Licensing or certification examinations; (i) Skills training programs; (j) Software training programs; (k) Learning assessments; (l) Program evaluations; and (m) Attending CPE programs for which credit was not granted by the provider. (4) For each accredited or board-approved program, the licensee must retain a certificate of completion for each completed program that includes: (a) Licensee name; (b) Title, activity date, and activity number of the program; (c) Topic designation (e.g. law, patient safety, pain); (d) Name of the program provider; (e) Number of contact hours earned by topic designation; and (f) Statement of credit granted to the participant. (5) For each accredited or board-approved program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor or a certificate of completion is uploaded to the licensee’s electronic licensing record with the board prior to submission of the license renewal. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.255, ORS 689.285 & ORS 689.490 History: BP 60-2024, amend filed 08/09/2024, effective 08/09/2024 BP 50-2024, minor correction filed 05/06/2024, effective 05/06/2024 BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0030 Continuing Pharmacy Education Programs: Applications for Approval (1) An application for approval of a CPE program which is not an accredited program may apply for board approval using a form supplied for this purpose. A complete application includes: (a) Program provider or sponsor name; (b) Program name; (c) Program topic designation(s); (d) Licensee type(s); (e) Total number of contact hours offered by topic designation; (f) Description of program goal(s) and learning objective(s); (g) Program format (e.g. interactive discussion, panel, speaker); (h) Name and qualification(s) of each instructor; (i) Date(s) and location(s) of program; (j) Learning assessment; and (k) Program evaluation. (2) The provider must submit an application form a minimum of forty-five days prior to the date the program will be held. Applications submitted less than forty-five days prior to the date the program will be held will not be approved. (3) Incomplete applications will not be approved. (4) An application for post-approval of a CPE program will not be approved. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.285 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0040 Continuing Pharmacy Education Programs: Instructors' Credit Toward CPE Hours (1) Any Pharmacist whose primary responsibility is not the education of health professionals, who instructs a group of health professionals on pharmacy-related topics according to OAR 855-135-0010(1)(a)-(e) in structured CPE may be granted two hours of CPE credit for each hour spent in presenting the course or program which has been approved for CPE credit. (2) Any Pharmacist whose primary responsibility is the education of health professionals may be granted CPE credit as in (1) when instructing a group of health professionals on pharmacy-related topics unrelated to their formal course responsibilities in a learning institution. (3) An instructor will only be granted credit for one presentation of the same course or program. (4) An instructor may earn a maximum of 10 hours of CPE for instruction per renewal cycle. (5) An instructor must submit an application form a minimum of forty-five days prior to the date the program will be held to apply for instructor credit toward CPE hours using a form provided for this purpose by the board. Applications submitted less than forty-five days prior to the date of the program will not be approved. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.285 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023