justicedao/ipfs_state_laws huggingface dataset:
855-135-0050 Continuing Pharmacy Education: Requirements for Pharmacist License Renewal (1) During the period from July 1 through June 30 of each biennial license renewal cycle, a pharmacist must have satisfactorily completed at least 30 hours of CPE. These hours must include at least: (a) Two hours of CPE in pharmacy law; (b) Two hours of CPE in patient safety or medication error prevention; (c) Two hours of CPE in cultural competency either approved by the Oregon Health Authority under ORS 413.450 or any cultural competency CPE; and (d) One hour of CPE in pain management, provided by the Pain Management Commission of the Oregon Health Authority; and (e) Twenty-three additional hours of CPE in subjects pertinent to pharmacy per OAR 855-135-0010(1)(a)-(e). (2) Pharmacists applying for the first renewal of their license if they have been licensed by the board for at least one year prior to July 1 of the renewal period, must complete the requirement listed in (1). (3) Pharmacists applying for the first renewal of their license if they have not been licensed by the board for at least one year prior to July 1 of the renewal period, must have satisfactorily completed the following hours of CPE in any topic area. If the initial license is issued between: (a) July 1 to September 30 of an even year, the Pharmacist must complete 16 hours of CPE. (b) October 1 to December 31 of an even year, the Pharmacist must complete 12 hours of CPE. (c) January 1 to March 31 of an odd year, the Pharmacist must complete 8 hours of CPE. (d) April 1 to June 30 of an odd year, the Pharmacist must complete 4 hours of CPE. (4) A Pharmacist must register with the CPE Monitor for tracking completed ACPE credit hours. (5) For each ACPE-approved program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor. (6) For each board-approved or ACCME accredited program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor or uploaded to the licensee’s electronic licensing record with the board. (7) A Pharmacist must retain documentation of completed CPE for 6 years and must provide this documentation if requested by the board. (8) CPE credit accumulated in excess of the required 30 contact hours for biennial license renewal cannot be carried forward. (9) A Pharmacist 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, must complete the CPE requirement in (1) prior to renewal. (10) A Pharmacist who is applying for reinstatement must provide certification of completion of the continuing pharmacy education requirement in (1) for all licensing cycles in which the license was lapsed, and complete reinstatement requirements listed in OAR 855-115. Statutory/Other Authority: ORS 689.205 & ORS 676.850 Statutes/Other Implemented: ORS 413.450, ORS 413.590, ORS 689.285 & ORS 689.486 History: BP 30-2024, minor correction filed 04/10/2024, effective 04/10/2024 BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0060 Continuing Pharmacy Education: Requirements for Intern License Renewal (1) During each license renewal cycle, an Intern must have satisfactorily completed 2 contact hours of approved CPE in cultural competency either approved by the Oregon Health Authority under ORS 413.450 or any cultural competency CPE; and (2) An Intern must retain documentation of completed CPE for 6 years and must provide this documentation if requested by the board. (3) An Intern must register with the CPE Monitor for tracking completed ACPE credit hours. (4) For each ACPE-approved program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor. (5) For each board-approved or ACCME accredited program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor or uploaded to the licensee’s electronic licensing record with the board. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 413.450, ORS 676.850, ORS 689.151, ORS 689.255 & ORS 689.285 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0070 Continuing Pharmacy Education: Requirements for Certified Oregon Pharmacy Technician or Pharmacy Technician License Renewal (1) During the period from July 1 through June 30 of each biennial license renewal cycle, Certified Oregon Pharmacy Technician or Pharmacy Technician must have satisfactorily completed 20 contact hours of CPE. These hours must include: (a) Two hours of CPE in pharmacy law; (b) Two hours of CPE in patient safety or medication error prevention; (c) Two hours of CPE in cultural competency either approved by the Oregon Health Authority under ORS 413.450 or any cultural competency effective July 1, 2023; and (d) Fourteen additional hours of CPE in subjects pertinent to pharmacy per OAR 855-135-0010(1)(a)-(e). (2) Certified Oregon Pharmacy Technicians or Pharmacy Technicians applying for the first renewal of their license, if they have not been licensed by the board for at least one year prior to July 1 of the renewal period, only need to complete cultural competency as required by (1)(c). (3) Certified Oregon Pharmacy Technicians and Pharmacy Technicians must register with the CPE Monitor for tracking completed ACPE credit hours. (4) For each ACPE-approved program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor. (5) For each board-approved or ACCME accredited program, the licensee must ensure that licensee program completion CPE credit was recorded in the CPE Monitor or uploaded to the licensee’s electronic licensing record with the board prior to submission of the license renewal. (6) A Certified Oregon Pharmacy Technician or Pharmacy Technician must retain documentation of completed CPE for 6 years and must provide this documentation if requested by the board. (7) CPE credit accumulated in excess of the required 20 contact hours for biennial license renewal cannot be carried forward. (8) 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 complete the CPE requirements in (1) prior to renewal. (9) Section (1)(a)(b) and (d) do not apply to a Pharmacy Technician applying for the first renewal of their license prior to July 1, 2023. Section (1)(c) is required. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 413.450, ORS 676.850, ORS 689.285 & ORS 689.486 History: BP 13-2023, minor correction filed 07/07/2023, effective 07/07/2023 BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0080 Continuing Pharmacy Education: Requirements for Licensees Licensed in Other Health Professions A Pharmacist, Intern, Certified Oregon Pharmacy Technician or Pharmacy Technician who is licensed to practice another health profession must meet the same CPE requirements in the same manner as all other board licensees and must otherwise comply with this chapter. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.255, ORS 689.285 & ORS 689.490 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0085 Continuing Pharmacy Education: Notification of Biennial License Renewal The board will send a biennial renewal notice to be issued to all licensed Pharmacists, Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians at least 60 days prior to the license expiration date that states the biennial license fee, CPE requirements and other information necessary for renewal. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.255, ORS 689.275, ORS 689.486 & ORS 689.490 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-135-0090 Continuing Pharmacy Education: Audits (1) The biennial renewal application must be submitted to the board with the appropriate fee and the licensee must attest that they have satisfactorily completed the CPE requirements prior to submission of the license renewal. (2) The board may select and audit applications for renewal to verify completion of CPE by Pharmacists, Interns, Certified Oregon Pharmacy Technicians, and Pharmacy Technicians reported on the application for renewal. (3) The board may utilize the National Association of Boards of Pharmacy CPE Monitor service or the licensee’s electronic licensing record with the board when auditing licensees for CPE compliance. (4) If the board is unable to confirm compliance, the licensee must comply with board requests to provide documentation. (5) A licensee who fails to provide the requested documentation to the board within the time allowed or who fails to complete the biennial CPE requirement may be disciplined for unprofessional conduct. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.275 History: BP 51-2022, adopt filed 12/20/2022, effective 07/01/2023
855-139-0001 Purpose and Scope The purpose of OAR 855-139 is to provide minimum requirements for the locations where telepharmacy services are conducted. Statutory/Other Authority: ORS 689.205 & 2021 SB 629 Statutes/Other Implemented: ORS 689.155 History: BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0005 Definitions The following words and terms, when used in OAR 855-139, have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section has the definition set out in OAR 855-006. (1) “RDSP Affiliated Pharmacy” means a Retail Drug Outlet Pharmacy registered in Oregon where an Oregon licensed Pharmacist provides pharmacy services through a telepharmacy system. (2) “Remote Dispensing Site Pharmacy” or “RDSP” means an Oregon location registered as a Retail Drug Outlet Remote Dispensing Site Pharmacy staffed by a Certified Oregon Pharmacy Technician or Pharmacy Technician under the supervision, direction and control of an Oregon licensed Pharmacist using a telepharmacy system. (3) “Telepharmacy” means the delivery of pharmacy services by an Oregon licensed Pharmacist through the use of a telepharmacy system to a patient at a remote location staffed by a Certified Oregon Pharmacy Technician or Pharmacy Technician. (4) “Telepharmacy system” means a system of telecommunications technologies that enables monitoring, documenting, and recording of the delivery of pharmacy services at a remote location by an electronic method which must include the use of audio and video, still image capture, and store and forward. Statutory/Other Authority: ORS 689.205, ORS 689.522, ORS 689.700 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.522, ORS 689.564, ORS 689.700 & 2022 HB 4034 History: BP 36-2022, amend filed 06/15/2022, effective 06/16/2022 BP 26-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 15-2022, amend filed 04/20/2022, effective 04/20/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0010 Registration: General (1) A location in Oregon where the practice of pharmacy occurs by an Oregon licensed Pharmacist through the use of a telepharmacy system to a patient at a remote location staffed by a Certified Oregon Pharmacy Technician must be registered by the board in Oregon as a Retail Drug Outlet RDSP. (2) If controlled substances are stored in the RDSP, the RDSP must have an active Controlled Substance Registration Certificate with the board and Drug Enforcement Administration (DEA). (3) The Retail Drug Outlet RDSP application must specify the RDSP Affiliated Pharmacy and cannot operate without a RDSP Affiliated Pharmacy that is registered by the board as a Retail Drug Outlet Pharmacy. (4) All registration renewal applications must be accompanied by the annual fee and must contain the same information required in OAR 855-139-0015(2). (5) The initial and annual registration fee for pharmacies is set out in OAR 855-110. (6) The Retail Drug Outlet RDSP registration expires March 31, annually. If the annual registration fee referred to in OAR 855-110 is not paid by March 31 of the current year, a late fee as set out in OAR 855-110 must be included with the application for registration renewal. (7) The registration is not transferable and the registration fee cannot be prorated. (8) No RDSP may be operated until a certificate of registration has been issued to the pharmacy by the board. Statutory/Other Authority: ORS 689.205 & 2021 SB 629 Statutes/Other Implemented: ORS 689.151, ORS 689.155, ORS 689.225 & 2021 SB 629 History: BP 36-2022, amend filed 06/15/2022, effective 06/16/2022 BP 26-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 9-2022, minor correction filed 01/05/2022, effective 01/05/2022 BP 1-2022, minor correction filed 01/03/2022, effective 01/03/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0015 Registration: Application (1) An application for registration of a new RDSP must be accompanied by a floor plan drawn to scale and must be approved by the board prior to opening. (2) The application must specify the location of the RDSP and must indicate the owner, trustee, receiver, or other person applying for the registration. When an applicant is not the owner of the pharmacy, the application must indicate the owner and the applicant's affiliation with the owner: (a) If the owner is a partnership or other multiple owners, the names of the partners or persons holding the five largest interests must be indicated on the application; (b) If the owner is a corporation, the name filed must be the same as filed with the Secretary of State. The name of the corporation, the names of the corporation officers and the names of the stockholders who own the five largest interests must be indicated on the application. (3) Upon request by the board, the applicant must furnish such information as required by the board regarding the partners, stockholders, or other persons not named in the application. (4) A certificate of registration will be issued upon board approval of the application. Statutory/Other Authority: ORS 475.035 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0020 Registration: Change of Owner, Location, or RDSP Affiliated Pharmacy (1) A change of location of the RDSP Affiliated Pharmacy or location of the Retail Drug Outlet RDSP requires: (a) Submission of a new Retail Drug Outlet RDSP application 15 days prior to occurrence; (b) Registration fee; (c) Approval of the board; and (d) New certificate of registration. (2) A change in the RDSP Affiliated Pharmacy or ownership of the Retail Drug Outlet RDSP requires: (a) Submission of a new Retail Drug Outlet RDSP application 15 days prior to occurrence; (b) Registration fee; (c) Approval of the board; and (d) New certificate of registration. (3) A change of ownership includes any change in the legal form of the business including additions or deletions of partners. (4) A certificate of registration will be issued upon board approval of the application. Statutory/Other Authority: ORS 475.035 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0025 Registration: Change of Business Name A RDSP Affiliated Pharmacy must notify the board a minimum of 15 days prior to any change of business name of a Retail Drug Outlet RDSP. The change must be reported by filing a new application for which no fee is required. Statutory/Other Authority: ORS 475.035 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 32-2022, amend filed 06/15/2022, effective 06/16/2022 BP 10-2022, temporary amend filed 02/16/2022, effective 02/16/2022 through 06/07/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0030 Non-Resident Affiliated Pharmacies (1) For the purpose of these rules, a non-resident pharmacy includes a RDSP Affiliated Pharmacy located outside of Oregon and providing pharmacy services through a telepharmacy system to a Retail Drug Outlet RDSP located in Oregon. (2) Each non-resident RDSP Affiliated Pharmacy must be registered with the Oregon Board of Pharmacy. (3) To qualify for registration under these rules, every non-resident RDSP Affiliated Pharmacy must be registered and in good standing with the Board of Pharmacy in the pharmacy's state of residence. (4) Each out-of-state non-resident RDSP Affiliated Pharmacy must designate an Oregon licensed Pharmacist-in-Charge (PIC), who is responsible for all pharmacy services and to provide supervision and control of the RDSP. To qualify for this designation, the person must: (a) Hold a license to practice pharmacy in the resident state; (b) Be normally working for the RDSP Affiliated Pharmacy a minimum of 20 hours per week; (c) Annually complete a self-inspection using the board's RDSP Self-Inspection Form prior to July 1; and (d) Provide the Self-Inspection Form as requested by the board. (5) Every non-resident RDSP Affiliated Pharmacy will have a Pharmacist-in-Charge (PIC) who is licensed in Oregon prior to initial registration of the RDSP. (6) The PIC must comply with the requirements of OAR 855-115-0210. Statutory/Other Authority: ORS 689.205 Statutes/Other Implemented: ORS 689.151, ORS 689.155 & ORS 689.225 History: BP 31-2024, minor correction filed 04/10/2024, effective 04/10/2024 BP 12-2023, amend filed 06/13/2023, effective 08/01/2023 BP 6-2022, minor correction filed 01/05/2022, effective 01/05/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0050 Personnel (1) The Oregon licensed Pharmacist-in-charge of the RDSP Affiliated Pharmacy is responsible for all operations at the RDSP including responsibility for the telepharmacy system and enforcing policies and procedures. (2) A RDSP may not utilize Interns. Unlicensed personnel may not perform any pharmacy services. (3) The Oregon licensed Pharmacist from the RDSP Affiliated Pharmacy who is supervising a RDSP must determine how many licensed individuals the Pharmacist is capable of supervising, directing and controlling based on the services being provided. (4) The RDSP Affiliated Pharmacy and the Oregon licensed Pharmacist-in-charge of the RDSP Affiliated Pharmacy are required to comply with the Pharmacist’s determination in (3) and retain records. (5) The RDSP and RDSP Affiliated Pharmacy must ensure adequate staffing at both the RDSP and RDSP Affiliated Pharmacy. (6) Prior to working at a RDSP, the RDSP Affiliated Pharmacy, and the Oregon licensed Pharmacist-in-charge of the RDSP Affiliated Pharmacy are responsible for ensuring the Certified Oregon Pharmacy Technician or Pharmacy Technician and the Oregon licensed Pharmacist supervising the RDSP are adequately trained to perform their duties and have completed a training program on the proper use of the telepharmacy system. (7) A RDSP Affiliated Pharmacy that terminates or allows a board licensee to resign in lieu of termination must report the termination or resignation to the board within 10 working days. Statutory/Other Authority: ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.151, ORS 689.155, ORS 689.305 & 2022 HB 4034 History: BP 36-2022, amend filed 06/15/2022, effective 06/16/2022 BP 26-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0100 Security (1) The area in a registered RDSP where legend and/or controlled substances are stored, possessed, prepared, compounded or repackaged must be restricted in access by utilizing physical barriers to include floor to ceiling walls and a locked separate entrance to ensure the security of those drugs. (2) The RDSP Affiliated Pharmacy, the RDSP, Oregon licensed Pharmacist-in-charge of the RDSP Affiliated Pharmacy and each Oregon licensed Pharmacist supervising the RDSP is responsible for the security of the prescription area including provisions for adequate safeguards against loss, theft or diversion of prescription drugs, and records for such drugs. (3) The RDSP must be locked and the alarm system armed to prevent, deter and detect entry when: (a) There is no Oregon licensed Pharmacist from the RDSP Affiliated Pharmacy actively supervising the RDSP; or (b) There is no Certified Oregon Pharmacy Technician or Pharmacy Technician present in the RDSP; or (c) Any component of the surveillance system is not functioning. (4) A record must be maintained with the name and license number of each person entering the pharmacy area of the RDSP. (5) No one may be in the prescription area of a RDSP unless authorized in real-time by an Oregon licensed Pharmacist who is supervising the RDSP and from the RDSP Affiliated Pharmacy. (6) Minimum security methods must include a properly functioning: (a) Alarm system at the RDSP and real-time notification to a designated licensee of the RDSP Affiliated Pharmacy if unauthorized access occurs; (b) Electronic entry system that is controlled by an Oregon licensed Pharmacist and records the: (A) Identification of the Oregon licensed Pharmacist authorizing access and securing the RDSP; (B) Identification of the Certified Oregon Pharmacy Technician or Pharmacy Technician accessing and securing the RDSP; and (C) Date and time of each activity. (c) Surveillance system that utilizes continuously accessible and recorded video between the RDSP Affiliated Pharmacy and the RDSP. The system must provide a clear view of: (A) Dispensing site entrances; (B) Preparation areas; (C) Drug storage areas; (D) Pick up areas; (E) Office areas; and (F) Publicly accessible areas. Statutory/Other Authority: ORS 475.035, ORS 689.205 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.155 & 2022 HB 4034 History: BP 36-2022, amend filed 06/15/2022, effective 06/16/2022 BP 26-2022, 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 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0120 Drug: Procurement RDSP may only receive drugs from an Oregon Registered Drug Outlet (i.e. Wholesaler, Manufacturer or Pharmacy). Statutory/Other Authority: ORS 475.035 & ORS 689.205 Statutes/Other Implemented: ORS 689.155 History: BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0130 Drug: Loss A RDSP and its RDSP Affiliated Pharmacy must: (1) Ensure that disasters, accidents and emergencies which may affect the strength, purity, or labeling of drugs or devices are reported to the board immediately. (2) Ensure that confirmed significant drug loss or any loss related to suspected drug theft of a controlled substance is reported to the board within one business day. (3) Ensure that a Report of Theft or Loss of Controlled Substances (DEA Form 106) or Report of Theft or Loss of Listed Chemicals (DEA Form 107) is sent to the Drug Enforcement Administration, a copy is sent to the board at the same time. Statutory/Other Authority: ORS 475.035, ORS 689.205 & ORS 689.315 Statutes/Other Implemented: ORS 689.155 History: BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022
855-139-0150 Outlet: Sanitation A RDSP and its RDSP Affiliated Pharmacy must: (1) Ensure the RDSP is kept clean. (2) Ensure the Certified Oregon Pharmacy Technician or Pharmacy Technician working in the RDSP practices appropriate infection control. Statutory/Other Authority: ORS 689.305 & 2022 HB 4034 Statutes/Other Implemented: ORS 689.305 & 2022 HB 4034 History: BP 36-2022, amend filed 06/15/2022, effective 06/16/2022 BP 26-2022, temporary amend filed 04/22/2022, effective 04/22/2022 through 10/18/2022 BP 43-2021, adopt filed 12/16/2021, effective 01/01/2022