justicedao/ipfs_state_laws huggingface dataset:
855-041-3120 Remote Processing - Records (1) The recordkeeping requirements OAR 855-041-3100 through 855-041-3130 are in addition to the requirements of other recordkeeping rules of the Board. (2) The remote processing pharmacy must maintain all required records unless these records are maintained in the primary pharmacy. (3) Both recordkeeping systems must: (a) List the name, address, telephone number, and all license and registration numbers of each pharmacy involved in remote prescription processing; (A) Document verification of each license and registration; (B) Document the name of the individual responsible for verification of licensure and registration status. (b) Identify by name, initials, or unique identification code the identity and the specific activities of each pharmacist or technician who performed any part of the prescription process; (c) Include quality improvement program documentation; (d) Be able to produce an audit trail showing each prescription process. (4) Unless otherwise specified, all records and documentation required by these rules, must be retained for three years and made available to the Board for inspection upon request. Records must be stored onsite for at least one year and may be stored, after one year, in a secured off-site location if retrievable within three business days. Records and documentation may be written, electronic or a combination of the two; (5) The primary pharmacy shall maintain records that: (a) Indicate the date the request for processing was transmitted to the remote processing pharmacy; and (b) Indicate the date the prescription information was received by the primary pharmacy. (6) The remote processing pharmacy shall maintain records that: (a) Track the prescription drug order during each step in the order entry process; (b) Identify the name, initials, or unique identification code and the specific activity of each pharmacist or pharmacy technician who performed any activity related to processing the prescription including receipt, transmission or delivery of information. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 79-2020, minor correction filed 08/06/2020, effective 08/06/2020 BP 10-2013, f. & cert. ef. 11-6-13
855-041-3125 Remote Processing - Prescription or Drug Order Processing A prescription or drug order for a controlled substance may be processed by a remote processing pharmacy when permitted by law and consistent with federal rules. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 77-2020, minor correction filed 08/06/2020, effective 08/06/2020 BP 10-2013, f. & cert. ef. 11-6-13
855-041-3130 Remote Processing - Prohibited Practices A remote processing pharmacy may not process a prescription on behalf of a primary pharmacy that is not registered with the Board, if required by the laws and rules of Oregon to be registered. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 75-2020, minor correction filed 08/06/2020, effective 08/06/2020 BP 10-2013, f. & cert. ef. 11-6-13
855-041-3200 Telework: Purpose and Scope The purpose of OAR 855-041-3200 through OAR 855-041-3250 is to provide minimum requirements for pharmacy services conducted via telework. Statutory/Other Authority: ORS 689.135, ORS 689.151 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3205 Telework: Definitions (1) “Telework” means the practice or assistance in the practice of pharmacy physically located outside of a registered drug outlet when working as a contractor or an employee of an Oregon registered drug outlet in a telework site. (2) “Telework Site” means a location that is not a registered drug outlet where an Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician may assist in the practice of pharmacy as contractors or employees of an Oregon registered drug outlet. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3210 Telework: Registration The Oregon registered Drug Outlet Pharmacy and the Pharmacist-in-charge of the Drug Outlet Pharmacy are responsible for all licensees assisting in the practice of pharmacy at Telework Sites. Statutory/Other Authority: ORS 689.135, ORS 689.151 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3215 Telework: General Requirements (1) Each Oregon registered Drug Outlet Pharmacy and Pharmacist-in-charge of a Drug Outlet Pharmacy must ensure that Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians working at a Telework Site work under the supervision, direction, and control of an Oregon licensed Pharmacist. (2) A Pharmacist that engages in the practice of pharmacy and an Intern, Certified Oregon Pharmacy Technician or Pharmacy Technician that assists in the practice of pharmacy at a Telework Site for any person or facility located in Oregon must: (a) Be licensed by the board; and (b) Comply with all applicable federal and state laws and rules. (3) Drugs and devices may not be at a Telework Site. (4) The Oregon registered Drug Outlet Pharmacy and the Pharmacist-in-charge of a Drug Outlet Pharmacy must: (a) Have a written agreement that includes all conditions, duties and policies governing the licensee engaged in telework activities; (b) Maintain a continuously updated list of all licensees engaged in telework and the Telework Sites to include: (A) Address, and phone number for each Telework Site; (B) Functions being performed by licensees engaged in telework; and (C) The Oregon licensed Pharmacist providing supervision, direction and control for each non-pharmacist licensee; (c) Develop, implement and enforce a continuous quality improvement program for services provided via telework designed to objectively and systematically: (A) Monitor, evaluate, document the quality and appropriateness of patient care; (B) Improve patient care; and (C) Identify, resolve and establish the root cause of dispensing and DUR errors; and (D) Implement measures to prevent reoccurrence; (d) Develop, implement and enforce a procedure for identifying the Oregon licensed Pharmacist, Intern, Certified Oregon Pharmacy Technician, and Pharmacy Technician responsible for each telework function; (e) Develop, implement and enforce a process for a virtual inspection of each Telework Site by an Oregon licensed Pharmacist at least once every 6 months or more frequently as deemed necessary by the Oregon licensed Pharmacist. The inspection must be documented and records retained; and (f) Utilize an Oregon licensed Pharmacist and real-time audio communication to provide counseling or accept the refusal of counseling from the patient or the patient’s agent for each prescription being dispensed when counseling is required under OAR 855-115-0145 or when requested and document the interaction. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 27-2024, minor correction filed 04/10/2024, effective 04/10/2024 BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3225 Telework: Confidentiality The Oregon registered Drug Outlet Pharmacy, Pharmacist-in-charge of the Drug Outlet Pharmacy, and the Pharmacist, Intern, Certified Oregon Pharmacy Technician, and Pharmacy Technician from the Drug Outlet Pharmacy must: (1) Ensure patient and prescription information is managed in compliance with OAR 855-041, OAR 855-115, OAR 855-120, OAR 855-125, and OAR 855-139. (2) Ensure the security and confidentiality of patient information and pharmacy records. (3) Document and report any confirmed breach in the security of the system or breach of confidentiality. Report of each breach must be reported in writing to the board within ten days of discovery of the event. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 26-2024, minor correction filed 04/10/2024, effective 04/10/2024 BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3230 Telework: Technology The Oregon registered Drug Outlet Pharmacy, Pharmacist-in-charge of the Drug Outlet and the Pharmacist from the Drug Outlet must: (1) Test the audiovisual communication system with the Telework Site and document that it operates properly before the Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician engages in telework at the Telework Site. (2) Develop, implement, and enforce a plan for responding to and recovering from an interruption of service which prevents an Oregon licensed Pharmacist from supervising, directing and controlling the Intern, Certified Oregon Pharmacy Technician, and Pharmacy Technician at the Telework Site. (3) Ensure access to: (a) Appropriate and current pharmaceutical references based on the services offered; and (b) Appropriate and current Oregon Revised Statutes, Oregon Administrative Rules, United States Code, Code of Federal Regulations, standards adopted by reference (e.g. USP) based on services offered by the outlet and a minimum of three years of the Board of Pharmacy quarterly newsletters. (4) Train the Oregon licensed Pharmacists, Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians in the operation of the audiovisual communication system. (5) For verification of prescriptions, use still image capture or store and forward with a camera that is of sufficient quality and resolution so that the Oregon licensed Pharmacist from the Oregon registered Drug Outlet Pharmacy can visually identify each: (a) Source container including manufacturer, name, strength, lot, and expiration; (b) Dispensed product including the imprint and physical characteristics; (c) Completed prescription container including the label; and (d) Ancillary document provided to patient at the time of dispensing. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 17-2022, amend filed 04/20/2022, effective 04/20/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3235 Telework: Personnel (1) The Oregon licensed Pharmacist-in-charge of the Drug Outlet Pharmacy is responsible for all operations at the Drug Outlet Pharmacy including responsibility for the audiovisual communication system and enforcing policies and procedures. (2) A Drug Outlet Pharmacy may not utilize unlicensed personnel to engage in telework. (3) Prior to working at a Telework Site, the Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician and the Oregon licensed Pharmacist supervising the Telework Site must have completed a training program on the use of all equipment necessary for secure operation of the Telework Site. Statutory/Other Authority: ORS 689.135, ORS 689.151 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 17-2022, amend filed 04/20/2022, effective 04/20/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3240 Telework: Security (1) Telework Sites must be located in a designated area where: (a) All equipment is stored; (b) All work is performed; and (2) Confidentiality must be maintained such that patient information cannot be viewed or overheard by anyone other than the Pharmacist, Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician. (3) The Pharmacist-in-charge of the Drug Outlet Pharmacy and each Oregon licensed Pharmacist supervising a Telework Site is responsible for ensuring the Telework Site has a designated work area that is secure and has been approved and documented by an Oregon licensed Pharmacist prior to utilization. (4) All computer equipment used for telework must: (a) Establish and maintain a secure connection to the pharmacy and patient information; (b) Utilize equipment that prevents unauthorized access to the pharmacy and patient information; and (c) Be configured so that the pharmacy and patient information is not accessible when: (A) There is no Oregon licensed Pharmacist actively supervising the Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician who is assisting in the practice of pharmacy at a Telework Site; or (B) There is no Intern, Certified Oregon Pharmacy Technician, or Pharmacy Technician present at the Telework Site; or (C) Any component of the audiovisual communication system with the Telework Site is not functioning; (d) Be configured so information from any patient or pharmacy records are not duplicated, downloaded, or removed from the electronic database when an electronic database is accessed remotely; and (e) Comply with all security and confidentiality requirements. (5) A record must be maintained with the date, time and identification of the licensee accessing patient or pharmacy records at a Telework Site. (6) Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians may only work at a Telework Site when authorized in real-time by an Oregon licensed Pharmacist who is supervising the licensee at the Telework Site. (7) All records must be stored in a secure manner that prevents access by unauthorized persons. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 17-2022, amend filed 04/20/2022, effective 04/20/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3245 Telework: Policies and Procedures (1) If a Drug Outlet Pharmacy utilizes licensees via telework, the Drug Outlet Pharmacy and the Oregon licensed Pharmacist-in-charge are accountable for establishing, maintaining, and enforcing written policies and procedures for the licensees working via telework. The written policies and procedures must be maintained at the Drug Outlet Pharmacy and must be available to the board upon request. (2) The written policies and procedures must include at a minimum the services, responsibilities and accountabilities of the licensee engaging in telework including; (a) Security; (b) Operation, testing and maintenance of the audiovisual communication; (c) Detailed description of work performed; (d) Oregon licensed Pharmacist supervision, direction and control of Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians; (e) Recordkeeping; (f) Patient confidentiality; (g) Continuous quality improvement; (h) Plan for discontinuing and recovering services if the audiovisual communication system is disrupted; (i) Confirmation of dedicated, secure Telework Sites; (j) Documenting the identity, function, location, date and time of the licensees engaging in telework at a Telework Site; (k) Written agreement with licensees engaging in telework outlining the specific functions performed and requirement to comply with telework policies and procedures; and (l) Equipment. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 17-2022, amend filed 04/20/2022, effective 04/20/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-3250 Telework: Records (1) If a Drug Outlet Pharmacy utilizes licensees via telework the recordkeeping requirements OAR 855-041-3205 through OAR 855-041-3250 are in addition to the requirements of other recordkeeping rules of the board. Unless otherwise specified, all records and documentation required by these rules must be retained for three years and made available to the board for inspection upon request. Records of Telework Site addresses must be made available within 3 business days. Records created via telework must be stored by the Drug Outlet for at least one year and may be stored, after one year, in a secured off-site location if retrievable within three business days. Records and documentation may be written, electronic or a combination of the two. (2) Physical records may not be stored at the Telework Site. (3) Records may not be duplicated, downloaded, or removed when accessed via telework. (4) Records must be stored in a manner that prevents unauthorized access. (5) Records must include, but are not limited to: (a) Patient profiles and records; (b) Patient contact and services provided; (c) Date, time and identification of the licensee accessing patient or pharmacy records; (d) If filling prescriptions, date, time and identification of the licensee and the specific activity or function of the person performing each step in the dispensing process; (e) List of employees performing telework that includes: (A) Name; (B) License number and expiration date; (C) Address of Telework Site; and (D) Name of the Oregon licensed Pharmacist who: (i) Verified (A-C); (ii) Approved licensee to telework; and (iii) Approved each Telework Site; (f) Audiovisual communication system testing and training; (g) Still image capture and store and forward images must be retained according to (1); (h) Data and telephone audio must be retained for 6 months; and (i) Any errors or irregularities identified by the quality improvement program. Statutory/Other Authority: ORS 689.135, ORS 689.151, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 33-2022, amend filed 06/15/2022, effective 06/16/2022 BP 24-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 17-2022, amend filed 04/20/2022, effective 04/20/2022 BP 37-2021, adopt filed 12/16/2021, effective 12/16/2021
855-041-4000 Purpose - Expedited Partner Therapy (EPT) (1) There is substantial evidence that rates of re-infection with certain sexually transmitted diseases can be reduced by treating all sexual partners for the disease, even when the treating clinician has not examined those partners. This practice is known as Expedited Partner Therapy. (2) Because of the important public health implications, the 2009 Oregon Legislature passed HB 3022 authorizing this practice. This law permits health professional regulatory boards to adopt rules permitting practitioners to practice Expedited Partner Therapy. (3) The law specifies that a prescription issued in the practice of Expedited Partner Therapy is valid, even if the name of the patient the prescription is intended for is not on the prescription. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.505 History: BP 54-2020, minor correction filed 08/06/2020, effective 08/06/2020 BP 1-2010, f. & cert. ef. 2-8-10
855-041-4025 Purpose and Scope - Home Dialysis A Retail Drug Outlet for Home Dialysis supplies may provide dialysis solutions under the general supervision and direction of a pharmacist with special training in renal disease and dialysis to end stage renal disease (ESRD) patients who have chosen the option of home dialysis therapy and who have been appropriately trained. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.305 History: BP 52-2020, minor correction filed 08/06/2020, effective 08/06/2020 Renumbered from 855-041-0350, BP 7-2012, f. & cert. ef. 12-17-12 BP 8-2000, f. & cert. ef. 6-29-00
855-041-4035 Home Dialysis - Definitions “Dialysis solutions” means peritoneal dialysis solutions, dialysate solutions, and legend devices including hardware, bloodlines and dialysis tubing and connectors. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.305 History: BP 51-2020, minor correction filed 08/06/2020, effective 08/06/2020 Renumbered from 855-041-0355, BP 7-2012, f. & cert. ef. 12-17-12 BP 8-2000, f. & cert. ef. 6-29-00
855-041-4045 Home Dialysis - Drug Delivery and Control (1) An Oregon licensed pharmacist must be designated as the pharmacist-in-charge who will provide direction and supervision of the operation and staff. (2) Deliveries of supplies must be made only pursuant to a current prescription order from an authorized prescriber. The prescription order must be maintained on file at the outlet. Supplies will be limited to dialysis solutions as defined in OAR 855-041 — 4035. No other legend medication ordered for the patient may be provided by the outlet. (3) All patient records must be maintained in a secure area with a locking door. Access to the patient records area is allowed only when a pharmacist is present except in the event of an emergency. In the event of an emergency, any entry by individuals other than the pharmacist must be documented. In the absence of a pharmacist, the door to the patient records area must remain locked at all times. (4) Copies of all prescriptions must be reviewed by the pharmacist and a complete set of prescription records for all patients serviced by the outlet must be maintained in the patient records area for a minimum of three years. (5) A minimum of two current reference books that are specific and relevant to dialysis therapy must be maintained in the outlet to assist in the appropriate delivery of care to patients. Other reference material and equipment must be maintained to be consistent with the scope of services provided by the outlet. (6) A current copy of Oregon Revised Statutes, Chapter 689, a current copy of Oregon Administrative Rules, chapter 855, and a minimum of three years of the Oregon Board of Pharmacy quarterly newsletters must be maintained in a loose leaf binder or other readily retrievable means. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.305 History: BP 50-2020, minor correction filed 08/06/2020, effective 08/06/2020 Renumbered from 855-041-0360, BP 7-2012, f. & cert. ef. 12-17-12 BP 8-2000, f. & cert. ef. 6-29-00